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Author: Richard Brent
Publisher: Taylor & Francis
ISBN: 1000340503
Category : Law
Languages : en
Pages : 387
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Book Description
Directives: Rights and Remedies in English and Community Law analyses the impact of EC Directives on national law, which has long been a problem and continues to be so - both in terms of interpretation and implementation. This book from barrister Richard Brent provides the reader with practical and invaluable insights on the legislative processes involved, the legal basis for adoption of Directives, the transposition and implementation of Directives.
Author: Richard Brent
Publisher: Taylor & Francis
ISBN: 1000340503
Category : Law
Languages : en
Pages : 387
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Book Description
Directives: Rights and Remedies in English and Community Law analyses the impact of EC Directives on national law, which has long been a problem and continues to be so - both in terms of interpretation and implementation. This book from barrister Richard Brent provides the reader with practical and invaluable insights on the legislative processes involved, the legal basis for adoption of Directives, the transposition and implementation of Directives.
Author: Eva Lievens
Publisher: BRILL
ISBN: 9004189726
Category : Law
Languages : en
Pages : 604
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Book Description
From the mid-1990s onwards concerns regarding the exposure of children to harmful content in the increasingly digital media environment intensified. Soon thereafter policy makers across Europe realised that alternative regulatory instruments, such as self- and co-regulation, might be more appropriate than traditional legislation to address this matter of public interest. Taking the complex and delicate nature of protecting minors into account, this book provides an in-depth legal analysis of the alternative regulatory instruments that can be used to regulate content in the digital era, with particular attention to the protection of fundamental rights, such as freedom of expression, privacy and procedural guarantees, internal market regulation, competition rules, and implementation requirements.
Author: Steve Vanderheiden
Publisher: Routledge
ISBN: 1351568051
Category : Law
Languages : en
Pages : 553
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Book Description
The essays selected for this volume present critical viewpoints from the debate about the need to establish rights on behalf of greater environmental protection. Three main areas for developing environmental rights are surveyed, including: extensionist theories that link existing rights (for example to subsistence or territory) to threats of harm from exacerbated resource scarcity, pollution or rapid environmental change; proposals for rights to specified environmental goods or services, such as rights to a safe environment and the capacity to assimilate greenhouse gas emissions; and rights that protect the interests of parties not currently recognized as having rights, including nonhuman subjects, natural objects and future generations. This volume captures the potential for and primary challenges to the development of rights as instruments for safeguarding the planet's life-support capacities and features proposals and analyses which argue the need to create an avenue of recourse against ecological degradation, whether on behalf of human or nonhuman right holders.
Author: George Cumming
Publisher: Kluwer Law International B.V.
ISBN: 9041131922
Category : Law
Languages : en
Pages : 426
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Book Description
For decades it seemed clear that EC competition law was enforceable effectively at the national level, and ECJ case law has continued to bear this out. In recent years, however, the Commission has been proposing harmonization of national rules of procedure in competition cases, implying that procedural autonomy is insufficient on its own to produce an effective enforcement system in this area. As the authors of this book clearly demonstrate, this suggests a binary system governing the enforcement of EC Articles 81 and 82: namely, that led by the Commission through directives and eventual regulations, and that built on ECJ principles in areas not dealt with by such Community instruments. This book describes and analyzes not only the specific Commission recommendations, but also the manner and extent to which these recommendations are or may be implemented in civil procedure. In particular, the authors consider changes which may be required if these recommendations are incorporated into Dutch and English rules of civil procedure. Also addressed are elements of procedure not mentioned by the Commission but which might usefully be considered in the context of ECJ principles of effectiveness, equivalence and effective judicial protection of rights. At the heart of the study is a detailed analysis of the Commission White Paper on Damages Actions and the Commission Staff Working Paper, both issued early in 2009. The in-depth analysis ranges over procedural aspects of such elements as the following: andstanding; anddisclosure and access to evidence; andburden of proof; andfault/no fau andcosts of damages actions; andinjunctions; andcivil versus administrative enforcement; andlimitations; andleniency programmes; andcollective actions; andconfidentiality; and andforms of compensation. Anticipating as it does a looming impasse in European competition law, this remarkable book sheds defining light on the real implications of EC competition law for parties to damages actions, not only in the national systems studied but for all Member States. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide to current trends and as a clarification of doctrine.
Author: Mads Tønnesson Andenæs
Publisher: Oxford University Press
ISBN: 9780198265924
Category : Law
Languages : en
Pages : 354
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Book Description
This book examines from a practical perspective the increasingly significant impact of European Community law on English domestic law and procedure. It examines both the general principles of how EC law is given effect in the English courts, and also the impact that EC law has had on a numberof particular key areas of English law. The highly eminent team of contributors is drawn from members of the judiciary and leading academics and practitioners in the field. The volume will be welcomed by practitioners and scholars alike as an illuminating study of how the domestic legal communityhas responded to the challenges posed by a new legal system which seems fundamentally different in many respects from their own. From the Foreword by Lord Bingham of Cornhill, the Lord Chief Justice 'The book makes plain the pervasive influence of Community Law on broad swathes of our economic and social life. Through the medium of our national courts, Community Law has become a central feature of legal life, and it can no longer be seen (as perhaps it once was) as an arcane study pursued by ahandful of eccentric lawyers with a taste for the occult This is a very interesting book, and a very timely one. The editors are to be congratulated on assembling an outstanding team of judges, practitioners and academics to address these important, topical and challenging issues.'
Author: Stephen Weatherill
Publisher: Oxford University Press
ISBN: 0198748809
Category : Law
Languages : en
Pages : 721
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Book Description
This classic casebook provides a valuable selection of significant cases and legislation alongside an engaging range of carefully selected extracts, all of which are enhanced by insightful author notes in an easy-to-use and accessible format.
Author: George Cumming
Publisher: Kluwer Law International B.V.
ISBN: 9041127267
Category : Law
Languages : en
Pages : 334
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Book Description
EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.
Author: Dinah Shelton
Publisher: Oxford University Press
ISBN: 0191068764
Category : Law
Languages : en
Pages : 653
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Book Description
The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.
Author: Agata Fijalkowski
Publisher: Routledge
ISBN: 1351781626
Category : Social Science
Languages : en
Pages : 363
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Book Description
This title was first published in 2000: A discussion on the right of a child to a clean environment. It links two important contemporary issues: human rights and the environment. The volume consists of the extended versions of some of the papers which were presented at a workshop on "The Right of a Child to a Clean Environment", held at Queen Mary and Westfield College, University of London, in 1997, and there are also some additional contributions. The workshop participants included Michael Anderson and Sylvia Bluck, Harry Post, Holly Cullen and Olufemi Elias. The additional contributors include Veronic Wright, Maria G. Doglioli and Soledad Aguilar. There are essays on general issues, selected case studies and annexes.
Author: Great Britain. Central Office of Information. Reference Division
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 82
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Book Description
