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• Introduction / Anna-Sara Lind & Jane Reichel
• The internationalization of administrative law / Lena Marcusson
• Why "multi-level" and "governance" are concepts of relevance for our understanding of Member State implementation of EU law / Helena Wockelberg
• A toolbox for administrative law cooperation beyond the state / Henrik Wenander
• Administrative law cooperation tools : the EGTC example / Vilhelm Persson
• BBMRI-ERIC : an analysis of a multi-level governance tool for the EU and beyond / Jane Reichel
• New challenges for administrative law theory / Niels Fenger
• Administrative data protection in global networks / Cecilia Magnusson Sjöberg
• Designing institutions for multilevel copyright governance in the EU and beyond / Antonina Bakardjieva Engelbrekt
• Globalization and the question of official languages / Lotta Lerwall
• Realizing fundamental rights in practice : a quest for an emerging European administration / Anna-Sara Lind
• Global governance, need for a new theory or the return of an old friend? / Thomas Bull
• Economic efficiency and legality as criteria for the development of good administration in a globalized order / Naomi Reniutz-Ursoiu
• Evolutionary theory and legal positivism : a possible marriage benefiting transnational law / Mauro Zamboni.

In this book we have gathered a number of prominent scholars who analyze the developments of administrative law from their respective perspective. The papers were first presented at a colloquium at the Faculty of Law at Uppsala University in March 2012. The aim of the colloquium was to increase our own understanding of the processes of globalization within administrative law and to learn from each other. By publishing the papers, we hope that the knowledge gained there can be passed on to a wider group of interested scholars and practicing lawyers.
(source: Nielsen Book Data)

• Introduction: Collecting art.- Comparative Studies of Civilization - Comparative Studies of Art Collection.- Collectors' Rights "versus" Artists' Rights - Conservation and Collection Care.- Comparative approaches to the study of national museums.- Private Collections "versus" Public Collections.- Governance of museums.- Selling art - Is it permitted? And if yes, under what conditions?.- Cultural Economics.- Museums and Collectors and the Illicit Trade of Art/Cultural Objects.- Conclusions: The Ethics of Acquiring Art and Antiquities.
• (source: Nielsen Book Data)

This book is a comparative legal study of the private and public art collections in various states of the world, covering the most important issues that usually arise and focusing on the differences and the similarities of the national laws in the treatment of those issues.
(source: Nielsen Book Data)

• Foreword by Paul Arthur Berkman, Alexander N. Vylegzhanin and Oran R. Young
• Preface by Alexander N. Vylegzhanin
• Part 1: Treaties (selected provisions)
• Regional Treaty Law
• Bilateral Treaties of Arctic States
• Bilateral Treaties with Russia
• Bilateral Treaties of other Arctic States
• Part 2: Subsidiary Means for the Determination of Rules of International Law (selected provisions)
• Part 3: Relevant Laws and Other Legal Acts of Russia (selected provisions)
• Part 4: Legislative Fundamentals of Arctic Policies of Foreign States and of the European Union (selected provisions)
• Index.

This book is the first comprehensive and authoritative translation into English of national and international laws of Russia that relate to the Arctic from the early 19th century to the present, revealing the historical and current context of sovereignty, sovereign rights and jurisdiction across nearly half of the north polar region. The Russian original version was coordinated by Igor Sergeyevich Ivanov, former Foreign Minister of the Russian Federation and currently the President of the Russian International Affairs Council.This unique translation complements all legal, geopolitical and governance analyses of the Arctic as a primary source of information, without interpretation or bias. The Baseline of Russian Arctic Laws is a treasure trove for diplomats, scholars and students who are involved with the international environmental, economic and societal dynamics of the Arctic, balancing national interests and common interests to achieve sustainability of the high north for the benefit of all across generations in our globally-interconnected civilization.

• Chapter 1: Setting the background.-
• Chapter 2: The industry of plant breeding.-
• Chapter 3: Intellectual Property in plant breeding.-
• Chapter 4: Conceptualizing the breeding exception to patent rights: a legal and economic appraisal.-
• Chapter 5: The breeding exception to patent rights: analysis of compliance with article 30 of the TRIPS Agreement.-
• Chapter 6: Overview.
• (source: Nielsen Book Data)

This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder's exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.
(source: Nielsen Book Data)

• Part I General Report.- The interaction between Company Law and the Law of Succession - a comparative perspective-- Susanne Kalss.- Part II National Reports.- The influence of the Law of Succession and Company Law on Business Succession - the Austrian way-- Christopher Cach.- Company Law and the Law of Succession in Brazil-- Gustavo Vieira da Costa Cerqueira.- Business Succession in Cyprus-- Venetia Argyropoulou and Andreas Chr. Christoforou and Eleni-Tatiani Synodinou.- The interaction between Company Law and the Law of Succession in England-- Jane Ball.- Company Succession in Scandinavia using the example of the Finnish legal system-- Eira Kuisma.- Company Law and the Law of Succession in Germany-- Anne Sanders.- Business Succession in Greece-- Nikolaos Vervessos and Triantafyllos Stavrakidis.- Company Succession in the Latin Law Tradition using the example of the Italian legal system-- Andrea Fusaro.- Legal Aspects about the interaction between Company Law and the Law of Succession in Japan-- Tomoyo Matsui.- Business Succession in Malaysia-- Chan Wei Meng and Usharani Balasingam.- Company Succession in the Netherlands-- Wouter Burgerhart and Leon Verstappen.- The Law of Succession and the Company Law in Poland at the beginning of the 21st century-- Stanislaw Soltysinski.- The Law of Succession and Company Law in Great Britain: The Scottish model - an exception?-- Remus Valsan.- Business Succession in Taiwan-- Ying-hsin Tsai.- About the editor and the authors.
• (source: Nielsen Book Data)

This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation.
(source: Nielsen Book Data)

• Foreword.- About the Contributors.- Judicial Rulings with Prospective Effect-from Comparison to Systematization-- Eva Steiner.- Part I European Jurisdictions.- The Prospective and Retrospective Effect of Judicial Decisions in Ireland-- Niamh Connolly.- Effects in Time of Judgments in the Netherlands: Prospective Overruling and Related Techniques-- Remco van Rhee and Wytze van der Woude.- The Temporal Effects of Judicial Decisions in Belgium-- Sarah Verstraelen, Patricia Popelier and Sebastien van Drooghenbroeck.- Changing the Case law Pro Future in Germany - A Puzzle of Legal Theory and Practice-- Adam Sagan.- Towards a Sophisticated Theory of Precedent - Prospective and Retrospective Overruling in the Czech Legal System-- denek Kuhn.- The Role of Case Law and the Prospective Overruling in the Greek Legal System-- Antonios G. Karampatzos and Georgios Malos.- The Portuguese Experience of Judge Made Law and the Possibility of Prospective Intentions and Effects-- Jose Manuel Aroso Linhares and Ana Margarida Gaudencio.- Judicial Rulings with Prospective Effect in Italy-- Michele Taruffo.- Part II North-American Jurisdictions.- Retroactivity and Prospectivity of Judgments in American law-- Richard S. Kay.- Canada: The Rise of Judgments with Suspended Effect-- Lionel Smith.- Part III South-American Jurisdictions.- Judicial Rulings with Prospective Effect in Argentina-- Alejandra Rodriguez Galan.- Judicial Rulings with Prospective Effect in Brazilian Law-- Humberto Dalla Bernardina de Pinho.- Judicial Rulings with Prospective Effect in Venezuela-- Hildegard Rondon de Sanso.- Part IV Asian- Oceanian Jurisdictions.- Judicial Rulings with Prospective Effect in Australia-- Justice James Douglas, Eleanor Atkins and Hamish Clift.- Prospective Overruling in Singapore: A Judicial Framework for the Future?-- Gary K.Y. Chan.- Questionnaire.
• (source: Nielsen Book Data)

This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.
(source: Nielsen Book Data)

• 1. The Unconscionability Doctrine in a Law & Economics Perspective.-
• 2. Market structure.-
• 3. Lack of sophistication.-
• 4. Voluntary Disclosure of Clauses.-
• 5. Public Intervention.-
• 6. Concluding remarks.
• (source: Nielsen Book Data)

This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer's psychology and seller's drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole.
(source: Nielsen Book Data)

• About the Authors.-
• 1. Private Ordering in Family Law: Perpetual Movement between Contract and Status-- Frederik Swennen.-
• 2. La contractualisation des relations familiales au Burundi-- -Gervais Gatunange.-
• 3. La contractualisation mesuree du droit camerounais de la famille: la liberte contractuelle, ombre portee de l'ordre public familial-- Yannick Serge Nkoulou.-
• 4. Shifting Scrutiny. Private Ordering in Family Matters in Common-Law Canada-- Robert Leckey.-
• 5. Contractualisation de l'union de fait et institutionnalisation du mariage : choix pour les familles quebecoises-- Christine Morin.-
• 6. Two Steps Forward and One Backwards in the Autonomy of the New Croatian Family Law-- Ivana Milas Klaric and Branka Resetar.-
• 7. Contracts in Danish Family Law - in the cross field between civil law and public law-- Ingrid Lund-Andersen.-
• 8. Contractualisation of Family Law in England & Wales: Autonomy vs Judicial Discretion-- Jens Scherpe and Brian Sloan.-
• 9. Towards a Negotiatory Ideal? Contractualisation of Family Law in Finland-- Sanna Koulu.-
• 10. Contractualisation of Family Law in Ireland-- Louise Crowley and Maebh Harding.-
• 11. The contractualisation of family law in Italy-- Maria Rosaria Marella.-
• 12. Autonomy and Private Ordering in Portuguese Family Law-- Rita Lobo Xavier.-
• 13. Perspective roumaine sur la contractualisation du droit de la famille-- Marieta Avram et Cristina Nicolescu, -
• 14. Family Law in Spain: contractualisation or individualisation?-- Carlos Martinez de Aguirre Aldaz.-
• 15. Family Law Contractualisation in The Netherlands - Changes and Trends-- Katharina Boele-Woelki and Merel Jonker.-
• 16. The Contractualisation of Family Law in the United States-- Adrienne Hunter Jules and Fernanda G. Nicola.- Appendix: Questionnaire.
• (source: Nielsen Book Data)

This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on 'family law exceptionalism' by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness 'family law exceptionalism' vis-a-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic "Contractualisation of Family Law" that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.
(source: Nielsen Book Data)

• Foreword? The Future of Copyright by Francis Gurry
• Address of Victor Hugo to the International Literary Congress, Paris 1878 translation by Mary and Benedict Atkinson
• Limitless Information by Benedict Atkinson and Brian Fitzgerald
• Roman Law, Private Property and the Public Domain: Lessons for Copyright Policy by Arthur Emmett
• Country of Origin and Internet Publication: Applying the Berne Convention in the Digital Age by Brian Fitzgerald, Sampsung Xiaoxiang Shi, Cheryl Foong and Kylie Pappalardo
• An Islamic Perspective on the Theories of Intellectual Property by Ezieddin Elmahjub
• IP and Development
• A Road Map for Developing Countries in the 21st Century by Rami Olwan and Brian Fitzgerald
• Evolution and Future Trends of Copyright Law in Nigeria by Kunle Ola
• Copyright, Fair Use and the Australian Constitution by Kylie Pappalardo and Brian Fitzgerald
• The Crown Use of Copyright Material by John Gilchrist
• Open Content Licensing of Public Sector Information and the Risk of Tortious Liability for Australian Governments by Cheryl Foong
• Duty and Control in Intermediary Copyright Liability: An Australian Perspective by Kylie Pappalardo
• Time Shifting in a Networked Digital World: Optus TV and Copyright in the Cloud by Sampsung Xiaoxiang Shi
• The Development of Copyright Offences in Australia by Steven Gething
• Afterword? Is Copyright Reform Impossible? by Ian Hargreaves.

This book provides international and domestic perspectives on the law of copyright and is led by a foreword on the future of copyright by Dr Francis Gurry, Director General of WIPO and a chapter on the lessons for copyright policy in classical Roman law, by Justice Arthur Emmett. The body of this collection covers current perspectives in the digital age, from the application of the Berne Convention, to time shifting and intermediary copyright liability, as well as perspectives from developing and developed countries covering laws, user rights, open access, government use of copyright material and the use of the criminal law to proscribe copyright infringement.

• About the Authors.- List of Abbreviations.- A. Original Questionnaire.- B. Common Law.- Disgorgement of Profits in Australian Private Law-- Katy Barnett.- Gain-Based Remedies for Civil Wrongs in England and Wales-- Stephen Watterson.- Disgorgement in Ireland-- Niamh Connolly.- C. French Legal Systems.- Disgorgement of Profits in Belgian Private Law-- Marc Kruithof.- The Disgorgement of Illicit Profits in French Law-- Michel Sejean.- An Italian Way to Disgorgement of Profits?-- Paolo Pardolesi.- Disgorgement of Profits in Portugal: a Journey Between the Present and the Future-- Henrique Sousa Antunes.- Legal Mechanisms Enabling Disgorgement of Profits in Romania-- Adriana Almasan and Cristina Zamsa.- Disgorgement of Profits under Spanish Law-- Carlos Gomez Liguerre.- D. German Legal Systems.- Disgorgement of Profits under Austrian law-- Maximilian Brunner and Stefan Perner.- Disgorgement of Profits in German Law-- Tobias Helms.- Disgorgement of Profits in Greek Law-- Eleni Zervogianni.- Non-Genuine Benevolent Intervention In Another's Affairs and Disgorgement of Profits under Turkish Law-- Basak Basoglu.- E. Nordic Legal Systems.- Disgorgement Damages in Norwegian Law-- Erik Monsen.- F. Mixed Legal Systems.- Disgorgement of Profits in Canada-- Lionel Smith and Jeff Berryman.- Disgorgement of Profits in Israeli Law-- Talia Einhorn.- Disgorgement of Profits in Scots Law-- Martin A. Hogg.-Disgorgement of Profits in South African Law-- Jacques du Plessis and Daniel Visser.- G. Central and Eastern Europe.- Disgorgement of Profits in Croatian Law-- Ana Keglevic.- Disgorgement of Profits in Slovenian Law-- Damjan Mozina.- H. East Asia.- The Disgorgement Damage System in Chinese Law-- Xiang Gao and Chengwei Liu.- Disgorgement of Profits in Japanese Law-- Yoshihisa Nomi.- I. Latin America.- Disgorgement of Profits in Brazilian Law-- Aline de Miranda Valverde Terra.- Disgorgement of Profits in Chilean Private Law-- Rodrigo Momberg.- J. General Report.- Disgorgement of Profits: Gain-based Remedies throughout the World-- Ewoud Hondius and Andre Janssen.
• (source: Nielsen Book Data)

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions - as opposed to those of the common law - the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake's breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
(source: Nielsen Book Data)

• Introduction / Marek Woszczyk
• Introduction / Jakub Jozwiak
• Regulatory Agreements in Energy Sector / Arkadiusz Falecki
• Competition Law Mechanisms as Additional Tool of the III Energy Package Implementation / Kamila Kloc-Evison, Dagmara Koska
• Gas Strategic Reserves Regulation in Poland and its Compliance with EU Law / Maria Mordwa
• Legal Aspects of Granting Electricity and Gas Permits and Licenses in the Light of the Third Liberalisation Package / Zdzisław Muras
• Legal Aspects of Tariffs under the Third Energy Package : A Case
• of the Polish Gas Sector / Marcin Nowacki
• Independence of the Polish Energy Regulator after the Third Energy Package : Chosen Aspects / Bartłomiej Nowak
• Smart Metering and Unbundling : Between Centralisation and Decentralisation / Mariusz Swora
• Legal Aspects of Electricity and Gas Interconnectors with Third Countries / Robert Zajdler
• Difficult Coexistence of European Union Law and International Investment Protection Rules in the Energy Sector : Comments to Judgement of the Court of Justice of 15 September 2011 in Case C-264/09 European Commission vs. the Slovak Republic / Robert Zajdler.

The aim of this book is to present the most relevant legal constraints resulting from the implementation of the Third Energy Liberalisation Package. The research investigates legal shortfalls of new EU legislation from the day-to-day business perspective. By comparing and contrasting former and present EU rules and their implementation, it shows how the general aim of spurring on the liberalisation of the EU energy market is achievable. The book suggests de lege ferenda stipulations which may be included in the next energy market liberalisation legislation.
(source: Nielsen Book Data)

• Part I Topics
• Part II Regional integration: Trade and investment relations between the EU and East Asia
• The next frontier?
• Part III International economic institutions
• Part IV Book reviews
• Part V Publications on international economic law 2013-2014.

This sixth volume (2015) of the European Yearbook of International Economic Law puts a particular emphasis on non-tariff barriers (NTBs) to trade and the world trade order. With the steady reduction of tariff rates since the GATT 47 came into force, focus in recent years has been on the vast and complex landscape of non-tariff barriers to trade. States as well as scholars seemingly struggle with the multitude of measures pooled under this expression as there is no single, acknowledged definition of the term, and its relation to the term ℓ́ℓnon-tariff measuresℓ́ℓ remains equally blurred. Particularly in practice and on a multilateral level, there appears to be some awkwardness when it comes to coping with NTBs since multilateral trade rules seem to be in conflict with national regulatory autonomy in the pursuit of policy objectives. In part one, this volume sheds light on the problems of non-tariff barriers to trade that arise in various fields. Part two focuses on regional integration with an emphasis on relations between East Asia and the European Union. In this regard, the authors outline the trade and investment relations between the European Union and East Asia, including Japan, Korea and Singapore. Part three offers an overview of recent institutional developments in WIPO, ICSID, WTO and WTO jurisprudence. Part four includes book reviews of recent works in the field of international economic law, and part five introduces a new section on publications in the field of international economic law that were released in 2013 and 2014.

• Acknowledgments Abstract List of Illustrations List of Abbreviations List of Legislative Materials List of Cases Introduction
• 1 The Mekong River Basin 1.1 Physical Setting 1.2 Geology and Geomorphology 1.3 Climate 1.4 Water Resources 1.5 Mekong Tributaries 1.5.1Tributaries in the Context of Holistic Water Resources Management 1.6
• Chapter 1 Conclusion
• 2 Legal and Institutional Framework 2.1 The Mekong Legal Regime: 1957-1995 2.1.11957-1975: The Mekong Committee, the 1957 Mekong Statute, and the Water Charter 2.1.21975-1978: The Joint Declaration 2.1.31978-1995: The Interim Mekong Committee 2.2 1995-Present: The 1995 Mekong Agreement 2.2.1The Mekong River Commission (mrc) 2.2.2National Interests and Water Law 2.2.3The Role of International Water Law 2.2.4Waterscapes 2.2.5Salient Provisions of the 1995 Mekong Agreement 2.2.6The Sustainable Development Paradigm 2.2.7Balancing Water Quality and Water Quantity in the Mekong Regime 2.3
• Chapter 2 Conclusion
• 3 A Retrospective Look at Tributary Watercourse Law in the Mekong and Other Selected Legal Regimes 3.1 Evolution of Article 5(A) in the Mekong Legal Regime 3.2 Tributary Watercourse Law in Other Selected Legal Regimes 3.2.1The 1909 Boundary Waters Treaty (us and Canada) 3.2.2The 1961 Columbia River Treaty (us and Canada) and the Okanagan River Basin 3.2.3A Community of Interest in Mekong Tributaries? The Influence of the River Oder and the Gabcikovo-Nagymaros (Hungary/Slovakia) Cases 3.2.4Arizona v. California 3.2.5The Nigeria-Niger Tributary Agreement 3.3
• Chapter 3 Conclusion
• 4 Mekong Tributaries: Selected Case Studies 4.1 Hydropower Development on the Sesan River 4.1.1The Sesan River 4.1.2Development of the Yali Falls Dam 4.2 The Thai Water Grid 4.3 The Legal and Scientific Imperatives for De-marginalizing Tributaries in the Mekong Legal Regime: Dams, Water Diversions, Biogeography, and the Evolving Contours of Climate Change 4.4
• Chapter 4 Conclusion
• 5 The Mekong: The Archetypal Dissevered River Basin 5.1 Introduction: The Dissevered River Basin Concept 5.2
• Chapter 5 Conclusion
• 6 A Flawed Vision? Deficiencies in the Mekong Legal Regime 6.1 Learning to Get Along: China and the LMRB 6.2 The View Downstream: eias 6.3 The Transparency Issue: Stakeholder Participation and Access to Information 6.4 Crossing the Rubicon: Dispute Resolution 6.5 The Mekong Legal Regime Viewed through the Lens of the un Watercourses Convention 6.6
• Chapter 6 Conclusion
• 7 Conclusion: Demarginalizing Mekong Tributaries and Shifting the Transformation of the Mekong Water Resources Spectrum Paradigm-A Proposal for the Way Ahead Bibliography Index.
• (source: Nielsen Book Data)

In Following the Proper Channels: Tributaries in the Mekong Legal Regime, Bennett Bearden offers in-depth policy and legal analyses of the marginalization of tributaries in the context of the 1995 Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin, law of international watercourses, hydrosovereignty, and the national economic development interests of the Mekong riparians. As a problem-based study, enlightening conclusions are made based on the increasingly state-centric nature of water resources management in the Mekong region through pursuit of national agendas in the unilateral and bilateral development of tributaries. The overarching legal and hydropolicy issue is whether states can simultaneously pursue hydrosovereignty on tributaries and ensure the Mekong legal regime's efficacy to achieve holistic water resources management and basin-wide governance.
(source: Nielsen Book Data)

• State of Research and Structure of the Book.- The Case for International Forest Regulation - The Benefits and Challenges of the Multifunctional Concept of Forests.- Agenda-Setting and Institution Building for Forests - Entangled Structures and the Failure of Legalization.- The Treaty Canopy - General, International Environmental and International Economic Law Covering Forests.- The Options for an International Regulation of Forests.- Conclusions.- Summary.
• (source: Nielsen Book Data)

This book investigates the potential need for an international convention on forests and establishes a multifunctional concept of forests as a cornerstone for international forest regulation. Accordingly, it examines a variety of international instruments pertaining directly or indirectly to forests and explores their entangled, fragmented nature. While contending that the lack of consistency in international law impedes the development of a stand-alone international forest convention, at the same time it argues that the lessons learned from fragmentation as well as from the history of forest discourse on the international level open up new options for the regulation of forests in international law, based on (new) concepts of coordination and cooperation.
(source: Nielsen Book Data)

• Global standards
• Complex governance forms : hybrid, multi-level, informal
• Global principles for national procedures
• Due process in the global legal order
• Judicial globalization
• The enforcement of global decisions
• Conflicting jurisdictions
• Global security.

• 1. Overview of Corporate Restructuring & Insolvency in England and Wales; Adrian Cohen and Gabrielle Ruiz2. Role of Insolvency Practitioners in Restructuring and Bankruptcy – in the UK; Helen Smithson3. Maximizing Enterprise Value and Minimizing 'Hold Up Value': Reorganizations in the United States under
• Chapter 11 of the U.S. Bankruptcy Code; Mitchell A. Seider, Adam J. Goldberg and John Holman4. The Role of U.S. Judges and Courts in Enforcing U.S. Bankruptcy Law; Judge Arthur Gonzalez5. The Effects of Business Insolvency on the Duties and Liabilities of Directors and Officers – a Comparative Analysis With Recommendations to Promote Good Decision Making; David Curry and Joe Schorer6. Global and Regional Practices in Financial Re-Structuring and Bankruptcy Laws: Lessons to be Learned from Singapore; Andrew Chan.

How an economy handles financial and business distress has a major impact on confidence in business, the availability of investment, the cost of credit, and economic growth. The financial crisis of 2007-2008 and its aftermath was a catalyst to legal reform in the field of bankruptcy and restructuring law and brought an added focus to the systemic threat of bank failure to the financial system. This book is a comparative study of international practices in bankruptcy law, providing perspectives from a variety of specialisms including practitioners, lawyers, bankers, accountants and judges from the United Arab Emirates, the UK and Singapore. Including an in-depth study on English, US and Singaporean law, it offers an overview of corporate restructuring and insolvency in England and Wales and the role of insolvency practitioners in the UK. The authors explore the reorganisation process in the United States under chapter 11 of the US Bankruptcy Code, including enforcement perspectives on US bankruptcy law, before providing a comparative analysis of duties and liabilities of directors and officers under US and UK law. The final chapter offers a perspective on financial restructuring and bankruptcy from Singapore. The authors explore core questions surrounding bankruptcy law, including its ability to facilitate the turnaround of business, to enable efficient reallocation of capital, to provide coherent rules for entrepreneurs, investors, employees, and creditors, and to provide for both appropriate sanctions and for rehabilitation.?

• Introduction: (inter)national governance - theory and practice Robert Schutze-- Part I. International Perspectives: A. Formal Foundations:
• 1. The 'unsettled' eighteenth-century: Kant and his predecessors Robert Schutze--
• 2. World order through law: the politics of Kelsenian positivism in international law Jochen von Bernstorff--
• 3. Tyranny and constitutionalism beyond the state Aoife O'Donoghue--
• 4. New order for yet another new world: philosophy in a time of global existential crisis Philip Allott-- B. Substantive Challenges:
• 5. The real utopia: international constitutionalism and the use of force Marc Weller--
• 6. Variable geometry in the WTO Bernard M. Hoekman and Petros C. Mavroidis--
• 7. New challenges for global environmental governance Markus W. Gerhring--
• 8. Tackling mass atrocity in a globalised world: the International Criminal Court Olympia Bekou-- Part II. European Perspectives: A. Formal Foundations:
• 9. European international law Bruno de Witte--
• 10. Constitutional state of the European Union Christoph Moellers--
• 11. Subsidiarity as a principle of EU governance Katarzyna Granat--
• 12. Citizenship's role in the European Federation Dimitry Kochenov-- B. Substantive Solutions:
• 13. Integration and constitutionalisation in EU foreign and security policy Ramses A. Wessel--
• 14. Intergovernmentalism in the wake of the Euro area crisis Alicia Hinarejos--
• 15. EU law and global environmental challenges Ludwig Kramer--
• 16. The normative foundations of European criminal law Valsamis Mitsilegas-- Conclusion: after globalisation: engaging the 'backlash' Marti Koskenniemi-- Epilogue: elements of a theory of global governance David Held.
• (source: Nielsen Book Data)

While it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and 'its' international legal order? Two alternative approaches to the problem of 'governance' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the 'sovereign equality' of all States. A second approach to transnational 'governance' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the 'international' problems within our globalised world.
(source: Nielsen Book Data)

• Table of Cases; Cases; Acknowledgements; Contents; List of Figures; List of Tables;
• Chapter 1: Introduction; 1.1 Context; 1.2 Focus; 1.3 Approach; 1.4 Method; 1.5 Scholarship; 1.6 Legislation; 1.7 Summary; References;
• Chapter 2: Methodology; 2.1 Introduction; 2.2 Methodology; 2.3 Neutral Vocabulary; 2.3.1 Context; 2.3.2 Neutral vocabulary; eRecords; eApplication; eRegistration; eConveyancing; Lawyer; Conveyancing; Conveyancing Transaction; Land Registration; Deeds Registration (or Unregistered Title); Title Registration (or Registered Title).

• Registering Authority (Registration Authority or Registry)Title Register (Register or Land Register); Deeds Register; Registrar; Registration; Registrant; Automatic; Automated; Applicant; Transferor; Transferee (or Bona fide Purchaser for Value); Donor; Donee (or Volunteer); Lender; Chargor (or Mortgagor); Subsequent Purchaser; Contract; Deed; Transfer (or Deed of Transfer); Electronic Transfer; Assurance; Completion (or Closing); Land Owner; Encumbrance; Property Claimant; Third Party (or Encumbrancer); Pre Contract; Post Contract; Post Completion; Title to Land; Estates.

• Interests (or Rights in Land)Overriding Interests; Registrable Interests (or Registered Title); Purchase Monies; Conclusion; References;
• Chapter 3: Defining Econveyancing; 3.1 What Is Conveyancing?; 3.2 What Is eConveyancing?; 3.2.1 What Is Not Included?; 3.2.2 Phases of eConveyancing; 3.2.3 Relationship Between eRecords, eApplication, eRegistration and eConveyancing; 3.2.4 eConveyancing in the Context of eCommerce and eGovernment: Towards an Information Age; 3.3 The Case for Reform; 3.4 Development of eConveyancing in Ireland and Ontario; 3.4.1 eConveyancing in Ireland; Background; eRecords.

• EApplicationeRegistration; eConveyancing; 3.4.2 eConveyancing in Ontario; Background; eRecords; eRegistration; eConveyancing; Conclusion; References;
• Chapter 4: Defining Title Registration; 4.1 What Is Land Registration?; 4.2 What Is Title Registration?; 4.3 Why Title Registration?; 4.4 Dynamic Versus Static Security; 4.5 Indefeasibility Outside Land Registration; 4.6 Exceptions to Indefeasibility; 4.7 Title Registration System in Ontario; 4.8 Estates and Interests Protected by the Title Register in Ontario; 4.9 Title Registration System in Ireland.

• 4.10 Estates and Interests Protected by the Title Register in IrelandConclusion; References;
• Chapter 5: Identification of Risks; 5.1 Modelling; 5.2 Schematic; 5.2.1 Transaction for Value; 5.2.2 Transaction Not for Value i.e. a Gift; 5.2.3 Distinction Between U and V; 5.3 Standpoints; 5.3.1 Standpoint of Transferor; 5.3.2 Standpoint of Transferee; 5.3.3 Standpoint of Lender; 5.3.4 Standpoint of Donor; 5.3.5 Standpoint of Donee; 5.3.6 Standpoint of Third Party; 5.3.7 Standpoint of Property Claimant; 5.4 Risk Matrix; 5.5 Distinction Between Bona Fide Purchaser for Value and Volunteer.

This work is an assessment of how to manage risk in property transactions in the context of the move from paper-based to electronic conveyancing (eConveyancing). In particular the focus is on risks that impact on title registration, and the security, protection or lack thereof that this registration offers to land owners, third parties and property claimants. The impact is the extent to which a change in the transactional process may unintentionally affect risk (being the consequence of change and the likelihood of that consequence having a negative effect). The risks are identified, analysed.

• 1. Co-operative Management of Auyuittuq National Park: Moving Towards Greater Emphasis and Recognition of Indigenous Aspirations for the Management of their Lands.-
• 2. Regional Governance and Indigenous Rights in Norway: The Finnmark Estate Case.-
• 3. Increasing Cooperation and Advancing Reconciliation in the Cooperative Management of Protected Areas in Canada's North.-
• 4. Two Parks, One Vision - Collaborative Management Approaches to Transboundary Protected Areas in Northern Canada: Tongait KakKasuangita SilakKijapvinga/Torngat Mountains National Park, Nunatsiavut and le Parc national Kuururjuaq Nunavik.-
• 5. Conceptual and Institutional Frameworks for Protected Areas, and the Status of Indigenous Involvement: Considerations for the Bering Strait Region of Alaska.-
• 6. Protecting the 'Caribou Heaven': A Sacred Site of the Naskapi and Protected Area Establishment in Nunavik, Canada.-
• 7. The Governance of Protected Areas in Greenland: The Resource National Park Among Conservation and Exploitation.-
• 8. Conflicting Understandings in Polar Bear Co-Management in the Inuit Nunangat: Enacting Inuit Knowledge and Identity.-
• 9. Beyond the protection of the land, National Parks in the Canadian Arctic: a way to actualized and institutionalized aboriginal cultures in the global.-
• 10. Recognition of indigenous lands through the Norwegian 2005 Finnmark Act: An important example for other countries with indigenous people?.-
• 11. Global Context - Arctic Importance: Free, Prior and Informed Consent, A New Paradigm in International Law Related to Indigenous Peoples.-
• 12. Untouched and Uninhabited: Conflicting Canadian Rhetoric on the Protection of the Environment and Advancing Northern Economies.
• (source: Nielsen Book Data)

This book addresses critical questions and analyses key issues regarding Indigenous/Aboriginal Peoples and governance of land and protected areas in the Arctic. It brings together contributions from scientists, indigenous and non-indigenous researchers, local leaders, and members of the policy community that: document Indigenous/Aboriginal approaches to governance of land and protected areas at the local, regional and international level; explore new territorial governance models that are emerging as part of the Indigenous/Aboriginal governance within Arctic States, provinces, territories and regions; analyse the recognition or lack thereof concerning indigenous rights to self-determination in the Arctic; and examine how traditional decision-making arrangements and practices can be linked with governments in the process of good governance. The book highlights essential lessons learned, success stories, and remaining issues, all of which are useful to address issues of Arctic governance of land and protected areas today, and which could also be relevant for future governance arrangements.
(source: Nielsen Book Data)

• Origins of international property law
• An international definition of "property"
• The framework of international property law
• Rights in tangible objects
• Rights in intangibles
• Rights in land and other immovable things
• Rights in waters and oceans
• Rights in airspace and outer space
• Toward the global right to property
• The right to acquire
• The right to use
• The right to destroy
• The right to exclude
• The right to transfer
• Reflections on international property law.

International law increasingly creates, harmonizes, and restricts property rights, thereby superseding national law. This book examines this emerging regime of international property law. Looking at the intersection between international law and private property, the work argues that a global right to property should be recognized.

• 1. The EU's normative control and international responsibility--
• 2. Codifying of the responsibility of International Organizations (I): the impact of ARIO's rules of attribution on the EU--
• 3. Codifying of the responsibility of International Organizations (II): the impact of ARIO's rules of responsibility on the EU--
• 4. EU declarations of competence to multilateral agreements: a useful internal reference base?--
• 5. The apportionment of the EU's international responsibility in international environmental law: the international application of EU declarations of competence--
• 6. The EU's normative control and international responsibility: the WTO dispute settlement system.
• (source: Nielsen Book Data)

When is the EU responsible under international law? Is the EU a 'special case' international organisation? The UN General Assembly's adoption of the ILC articles on the International Responsibility of International Organisations was only the catalyst for debate on this topic. In this book, the author examines the legal personality of the EU, how - if at all - its responsibility under international agreements is shared between Member States, and how the international responsibility of the EU relates to its internal responsibilities under EU law. By exploring how in practice such legal regimes as the ILC, UNCLOS, and the WTO have held the EU responsible, this book provides an innovative analysis of a fundamental aspect of the relationship between the EU and international law.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Arbitration
• 3. The Desertec Concept and the ICSID Convention
• 4. Concluding Remarks.

This book investigates how a North African solar thermal power plant can be set up under the guidance of European investors (e.g. the Desertec Concept) as a Public Private Partnership (PPP). It outlines the importance of early awareness of contract-related risks, investment risks and dispute settlement, arguing that commercial and investment arbitration are the best tools for settling disputes regarding a large-scale solar thermal project. Furthermore, by comparing institutional and ad hoc arbitration, it shows that the former offers highly suitable support. The latest developments in the area of investment arbitration under EU law and the general acceptance of arbitration in Islamic countries are examined in particular. This book also demonstrates that a solar thermal power plant must meet certain requirements to be considered an investment. These requirements are examined in relation to Art. 25 of the International Centre for Settlement of Investment Disputes Convention (ICSID Convention) and respective case law. Overall, the book offers valuable guidelines for investors and host states on how to successfully implement large-scale solar thermal projects.

• Introduction.-
• Section I Judicial Activism, Legal Reasoning And The Concept Of Law.- Between Nightmare and Noble Dream: Judicial Activism and Legal Theory-- Massimo La Torre.- Judicial Activism: Clearing the Air and the Head-- Lawrence Alexander.- Judicial Activism and "Reason"-- Steven D. Smith.- Judicial Activism and Fidelity to Law-- Goncalo de Almeida Ribeiro.- Adjudication as Grammatication: The Case of French Judicial Politics-- Pierre Legrand.-
• Section II Judicial Activism in Perspective.- The Activist Judge - Vanity of Vanities-- James Allan.- Schmitt's Spectre and Kelsen's Promise: The Polemics on the Guardian of the Constitution-- Miguel Nogueira de Brito.- Theories of Judicial Behavior and the Law: Taking Stock and Looking Ahead-- Tiago Fidalgo de Freitas.- The Passive Sovereignty of the Constitutional Judge: A State Theory Approach-- Luis Pereira Coutinho.-
• Section III Judicial Activism in Context.- The Contextual Nature of Proportionality and its Relation with the Intensity of Judicial Review-- Jorge Silva Sampaio.- Politics and the Judiciary: A Naive Step Towards the End of Judicial Policy-Making-- Maria Benedita Urbano.-The Judicial Activism of the European Court of Justice-- Lourenco Vilhena de FreitasCourts and European Integration-- Francisco Pereira Coutinho.- Judicial Activism, Judicial Independence and Judicial Hubris: The Case of International Courts-- Maimon Schwarzschild.- List of Authors.
• (source: Nielsen Book Data)

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
(source: Nielsen Book Data)

• ACKNOWLEDGEMENTS SERIES EDITOR'S PREFACE FOREWORD LIST OF TABLES LIST OF FIGURES LIST OF ABBREVIATIONS USED INTRODUCTION
• CHAPTER II. CONTEXT: THE SOUTH CHINA SEA AND MARINE PROTECTED AREAS
• CHAPTER III. INTERNATIONAL LEGAL FRAMEWORK FOR MARINE PROTECTED AREAS AND NETWORKS OF MARINE PROTECTED AREAS
• CHAPTER IV. REGIONAL COOPERATION RELATING TO MARINE PROTECTED AREAS AND A NETWORK OF MARINE PROTECTED AREAS IN THE SOUTH CHINA SEA
• CHAPTER V. MARINE PROTECTED AREAS IN THE NATIONAL LAWS OF CHINA, THE PHILIPPINES AND VIETNAM
• CHAPTER VI. DEVELOPING A NETWORK OF MARINE PROTECTED AREAS UNDER THE MEDITERRANEAN ACTION PLAN: LESSONS FOR THE SOUTH CHINA SEA
• CHAPTER VII. MOVING FORWARD: OPTIONS.
• (source: Nielsen Book Data)

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and due mainly to complicated sovereignty and maritime disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. Marine Protected Areas Network in the South China Sea discusses legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly developed, would not only help to protect the marine environment and resources of the region but also contribute to decreasing the tension among its coastal States. These measures are suggested in accordance with international law, based on the specific geopolitical context of the South China Sea region and take into consideration experiences in developing regional networks of marine protected areas from other marine regions.
(source: Nielsen Book Data)

• Convergence and divergence: the continuing relevance of national legal systems
• Convergence and Divergence, in Law and Economics and Comparative Law / Filomena Chirico, Pierre Larouche
• The Draft Common Frame of Reference (DCFR): A Giant with Feet of Clay / Filomena Chirico, Eric van Damme, Pierre Larouche
• The Recodification of Private Law in Central and Eastern Europe / Péter Cserne
• Courts and Expertise: Consequence-Based Arguments in Judicial Reasoning / Péter Cserne
• New institutions, common principles
• From a Formalistic to an Integrative Model: The Case of EU Economic Regulation / Leigh Hancher, Pierre Larouche
• The Reform of EU Electronic Communications Law: Revolution or Evolution? / Maartje de Visser
• Networks of Regulatory Agencies in Europe / Saskia Lavrijssen, Leigh Hancher
• Reinventing Accountability: Judicial Control Versus Participation / Maartje de Visser
• New models for national legal systems in a global world
• Legal Emulation Between Regulatory Competition and Comparative Law / Pierre Larouche
• Impact Assessment: Theory / Pierre Larouche
• Impact Assessment: Empirical Evidence / Angela Maria Noguera
• Judicial Networks / Maartje de Visser, Monica Claes
• Conclusions
• Conclusions / Pierre Larouche, Péter Cserne.

For the researchers involved in this book, the prospects of national law seemed less dire than is usually acknowledged. The project team shows that globalization, instead of threatening national legal systems, puts them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples. It sheds a new light on the fate of national legal systems, with a more optimistic outlook. Researchers and practitioners alike will experience how this research project brings us a step forward in the understanding of the evolution of national legal systems in the globalization era. The research for this book, in which a team of experts in comparative law and law and economics took part, was commissioned and funded by HiiL (The Hague, the Netherlands), as a project named Convergence and divergence of national legal systems: coping with the challenges of globalization. It was carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University (the Netherlands) under the direction of Pierre Larouche. Pierre Larouche is Professor of Competition Law at Tilburg University and a founding director of TILEC. Péter Cserne is now Senior Lecturer in law, University of Hull (United Kingdom) and an extramural fellow of TILEC.

• Contents Preface XI Acknowledgments XIII Table of Acronyms XIV Table of Cases XVI Table of Treaties XXIV
• PART 1 Arctic Offshore Hydrocarbons and International Environmental Law
• 1 Introduction 3 1.1 Governance, Development and the Right to Development 4 1.2 A Legal Approach 5 1.3 Outline of the Book 5
• 2 Drilling in the Arctic 7 2.1. Defining the Arctic 7 2.2 Offshore Hydrocarbon Resources 9 2.3 Vulnerability in the Arctic 11 2.4 Time 14
• 3 Identifying International Environmental Law 15 3.1 Sources of Law 15 3.2 Legal Norms 20
• PART 2 The Obligations of States to Protect the Arctic Marine Environment
• 4 The Right to Resources and the No Harm Principle 27 4.1 Permanent Sovereignty over Natural Resources and the Right to Exploit Them 29 4.2 The No Harm Principle 30 4.3 Rights to Resources on the Continental Shelf 45 4.4 Duties to Protect and Preserve the Marine Environment 50 4.5 A New Instrument for the Arctic Eight? 53 4.6 Striking the Balance between the Right to Exploit Resources and the No Harm Principle 54
• 5 Human Rights and the Rights of Indigenous Peoples 56 5.1 Protecting the Environment through a Human Rights Lens 56 5.2 Human Rights in the Marine Arctic 60 5.3 Relevant Instruments, their Mechanisms and Status 63 5.4 The Rights of Indigenous Peoples with respect to Offshore Oil and Gas 72 5.5 Human Rights and Offshore Oil and Gas 90 5.6 Transboundary Human Rights Claims 100 5.7 Observations on Indigenous and Human Rights with respect to Offshore Hydrocarbon Activities in the Marine Arctic 103
• 6 Caution and Precaution 105 6.1 The Content of the Precautionary Approach 106 6.2 The Relationship between Prevention and Precaution 110 6.3 The Contemporary Status of the Precautionary Approach 112 6.4 Core Elements of the Precautionary Approach 129 6.5 Observations on the Precautionary Approach for Hydrocarbon Activities in the Marine Arctic 131
• 7 The Environmental Impact Assessment 134 7.1 EIA and TEIA Frameworks of Potential Application in the Marine Arctic 136 7.2 A Minimum Core for an Internationally Acceptable EIA for Hydrocarbon Activities in the Marine Arctic 163 7.3 Implications of the EIA or the Failure to Conduct it Properly 174 7.4 Observations on the EIA for Hydrocarbon Activities in the Marine Arctic 176
• 8 Monitoring and Follow-Up 179 8.1 The Duty to Monitor Environmental Impacts 179 8.2 Human Rights Monitoring 184 8.3 Observations on Monitoring and Follow-up of Impacts from Hydrocarbon Activities in the Marine Arctic 185
• PART 3 Responsibility and Liability
• 9 Legal Consequences of Failures to Protect the Environment 189
• 10 State Responsibility for Wrongful Conduct 194 10.1 For Whose Conduct does the State Bear Responsibility? 194 10.2 For What Conduct does the State Bear Responsibility? 198 10.3 To Whom does the State Bear Responsibility? 211 10.4 What are the Consequences of State Responsibility in International Environmental Law? 225 10.5 Observations on State Responsibility for Hydrocarbon Activities in the Marine Arctic 244
• 11 Liability for Damage in the Absence of a State's Wrongful Conduct 247 11.1 Treaty-Based Civil Liability Regimes 250 11.2 Who is Liable for Environmental Damage? 260 11.3 For What is the Operator Liable? 261 11.4 To Whom is Reparation Owed? 262 11.5 What are the Consequences of International Liability? 263 11.6 Observations on Liability for Hydrocarbon Activities in the Marine Arctic 265
• PART 4 Conclusions
• 12 The Extent and Limitations of International Law in the Marine Arctic 271 12.1 The No Harm Principle 272 12.2 Responsibility and Liability 276 12.3 Final Observations 279 Bibliography 281 Index 309.
• (source: Nielsen Book Data)

Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States' sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State's wrongful conduct.
(source: Nielsen Book Data)

• Foreword; Preface;
• Chapter 1
• Hong Kong's Status in International Law;
• Chapter 2
• Issues of Jurisdiction;
• Chapter 3
• Hong Kong's International Legal Obligations;
• Chapter 4
• Hong Kong and Human Rights;
• Chapter 5
• Problems of Treaty Law;
• Chapter 6
• Interrelationship Between International Law and Hong Kong Domestic Law; Epilogue; Appendix A; Appendix B; Index.

The transition from British to Chinese rule, although widely anticipated, is shaping up as one of the most challenging events in Hong Kong's history. The purpose of this book is to examine the key relevant issues within a single framework, highlighting the interconnections in as broad as possible a context. The author employs international legal concepts to assess, from a normative standpoint, the underpinnings of the unique 'one country-two systems' formula devised by Britain and China, focusing in detail on questions such as Hong Kong's international legal status, jurisdictional competence, international legal obligations, human rights, pivotal aspects of treaty law and the relationship between Hong Kong's domestic law and international law.

• Introduction.- Administrative Organisation of Banking Regulation.- Models of the Administration of Banking Regulation.- Theses about the Organisation of Banking Regulations.- Summary.
• (source: Nielsen Book Data)

This book illustrates the interaction of banking regulators and discusses with it related legal and economic challenges. First, the importance of administrative organisations for the implementation of regulatory law towards banks and financial institutions is shown. On this basis five model types of administrative organisations in the field of banking regulation are derived. Thereby, banking regulators can be classified due to their influence on regulatory decisions. Their influence runs from preparation across enforcement to control of regulatory decisions. In particular, the cooperation of the European Central Bank with national banking regulators is analysed. Finally, the main legal and economic arguments of Banking Regulation in the Economic and Monetary Union are discussed.
(source: Nielsen Book Data)

• Poverty, obligations, and the international economic legal system : what are our duties to the global poor? / Krista Nadakavukaren Schefer
• Anti-poverty v. the international economic legal order? : A legal cultural critique / Colin B. Picker
• Poverty, redistribution, and international trade regulation / Thomas Cottier
• Trade liberalization and poverty reduction : complementary or contradictory aims? / Bryan Mercurio
• God, the WTO and hunger / Christian Häberli
• Does free trade matter for poverty reduction? : The case of ASEAN / Pasha L. Hsieh
• Poverty alleviation through paperless trade / Emmanuel T. Laryea
• International commercial arbitration and poverty, not obvious but (maybe) possible / Christopher Kee
• Foreign direct investment and the alleviation of poverty : is investment arbitration falling short of its goals? / Mariel Dimsey
• The "corruption objection" to jurisdiction in investment arbitration : does it really protect the poor? / Stephan Wilske and Willa Obel
• Investment guarantees and international obligations to reduce poverty : a human rights perspective / Markus Krajewski
• Access to justice in dispute resolution : financial assistance in international arbitration / Brooks W. Daly and Sarah Melikian
• From problem to potential : the need to go beyond investor-state disputes and integrate civil society, investors and state at the local level / Mariana Hernandez Crespo
• The Millennium Challenge Corporation, law, and poverty reduction / Stuart Kerr
• Ambitious goals, limited tools? : The IMF and poverty reduction / Ben Thirkell-White
• The direct contribution of the international financial system to global poverty / Ross P. Buckley
• The World Bank : fighting poverty : ideology versus accountability / Mark S. Ellis
• Life, debt, and human rights : contextualising the international regime for sovereign debt relief / Celine Tan
• Sovereign debt, odious debt, and the poverty of nations / Yvonne Wong
• Poverty and corruption / Mark Pieth
• International economic law, women, and poverty / Barnali Choudhury
• The book famine : international copyright rules as barriers to knowledge for impoverished persons with disabilities / Caroline Hess-Klein
• Caring for its children : how the European Union uses free movement law to tackle child poverty and social exclusion / Aline Doussin
• Positive or negative, legal or moral : what duties to reduce poverty? / Stephanie B. Leinhardt and Krista Nadakavukaren Schefer
• Human rights obligations to the poor / Monica Hakimi
• The allocation of anti-poverty rights duties : our rights, but whose duties? / Samantha Besson.

With a focus on how trade, foreign investment, commercial arbitration and financial regulation rules affect impoverished individuals, Poverty and the International Economic Legal System examines the relationship between the legal rules of the international economic law system and states' obligations to reduce poverty. The contributors include leading practitioners, practice-oriented scholars and legal theorists, who discuss the human aspects of global economic activity without resorting to either overly dogmatic human rights approaches or technocratic economic views. The essays extend beyond development discussions by encouraging further efforts to study, improve and develop legal mechanisms for the benefit of the world's poor and challenging traditionally de-personified legal areas to engage with their real-world impacts.
(source: Nielsen Book Data)

• Part I. Introduction and context:
• 1. Introduction Eva-maria Kieninger--
• 2. A labyrinth of creditors Willem J. Zwalve--
• 3. Security in movables in the United States Harry C. Sigman--
• 4. The English law of security Michael Bridge--
• 5. The European Bank for Reconstruction and Development's Secured Transactions project Frederique Dahan and John Simpson-- Part II. The Case Studies-- Evaluation: a common core? Convergences, subsisting differences and possible ways for harmonisations Eva-maria Kieninger-- Indexes.
• (source: Nielsen Book Data)

For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.
(source: Nielsen Book Data)

• 1. Introduction.-
• 2. General Background and History of Self-Help and Private Enforcement.-
• 3. Self-Help and Contract Law.-
• 4. Active Self-Help: Self-Help Repossession, Administrative Receivership, Private Disposition of Collateral and Strict Foreclosure.-
• 5. Factoring, Bad Debt and Collection Agencies.-
• 6. Abusive Debt Collection Practices and the Building Blocks of an Efficient Debt Collection Regime.-
• 7. Remedies Against Abusive Practices and Calls for Reform.-
• 8. Conclusions.
• (source: Nielsen Book Data)

The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. Self-help remedies and private debt collection are largely but not exclusively features of common law jurisdictions, since remnants of private enforcement can still be found in contract law in civilian systems. The book argues that - despite their usefulness - self-help and private debt collection entail significant risks, especially for consumer debtors. This means that private enforcement needs to be accompanied by the introduction of tailor-made consumer-debtor protection regulation. Specific attention is given to factoring, which functions in many instances as a form of pseudo-private debt collection and which has been exploited to bypass sector-specific consumer protection regulations.
(source: Nielsen Book Data)

• Introduction
• Revisiting the impact of GATS on public services
• WTO procurement rules: in particular the Government Procurement Agreement (GPA) and services of general interest
• Regulating Public Services and International Investment Law
• NAFTA's Approach to Protecting Public Services: Fragmentary, Asymmetrical, Rigid and Limited
• Emerging principles of international competition law: Do Public Services Matter?
• Services of General Interests under Regimes of Fiscal Austerity
• A normative basis for EU external relations? Protecting internal values beyond the Single Market
• Ambivalence of the European strategy in external relations on trade agreements
• Public services exemptions in EU free trade and investment agreements
• Services of General Interest in the European Neighbourhood Policy
• Towards an International Regime of Regulating Electronic Communications
• Services of General Interest and the External Dimension of the EU Energy Policy
• The impact of free trade agreements on local self-government
• The provision of drinking water by local utilities in Germany as a case study
• Health systems and policy space for health in the context of European Union trade policies.

This is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU's external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives. Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany.

• The child as an autonomous subject of justice / Farhad Malekian
• The sovereignty of children in law / Kerstin Nordlöf
• Who is a child? : the international definition of a child / Marta Prucnal
• Children's rights in the Norwegian Constitution / Kirsten Sandberg
• Some reflections on a dialogical approach to the recognition of children in the decision-making process / Titti Mattsson
• Contradictions in the theory of the child's competence / Julia Köhler-Olsen
• What do we mean when we speak about children's right to development? / Noam Peleg
• Challenges and dilemmas regarding non-resident fathers in public law / Jim Reid
• The Indian perspective of gender discrimination on girl children and fœticide / Navdeep Kour Sasan
• The sovereignty of children's rights within the legislation of the Nordic countries / KIerstin Nordlöf
• The Ottoman state and religious education for a majority population : a search for the best interests of the child / Fatih Öztürk
• Legislation in Japan relating to the characteristics and issues of the prevention of child abuse / Kiyoe Takata
• Rules governing child custody in Iranian legislation / Hengameh Ghazanfari
• The indebtedness of children and young adults in Sweden / Annina H. Persson
• The scale of the Swedish tax system concerning children / Eleonor Kristoffersson
• 'Bringing up baby' : using pre-parenting agreements to manage the child-parent relationship through and after partnership breakdown / Angela Burns
• The dimensions of a fair trial with references to children / Laura Ervo and Hennele Tolonen
• The Nepalese experience of the judicial enforcement of children's rights / Raju Prasad Chapagai
• Coercive legislation : children's invisibility in the legal process / Hjördis Flodström Enquist
• Empowering children as victims of crime in the criminal justice process / Anna Wergens
• War children's procedural capacities in international proceedings / Helen Hamzei
• Children and crime / Knut Sveri
• What has the American juvenile justice system done to the children? / Lydia Wang
• The Swedish enforcement of closed juvenile care / Lisa Ragnesten
• The International Criminal Court's perspective on child soldiers / Shamila Batohi.

• Introduction
• State responsibility, terrorism and international law
• The impact of 9/11 on international law and beyond
• Unity through vagueness : the challenges of devising general rules of responsibility
• Rethinking the rationale underlying state responsibility for terrorism : trans-substantive rules, domestic analogies and the rationalist agenda
• Implementing a two-tiered strict liability-infused model.

Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joel Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.
(source: Nielsen Book Data)