Author: J. H. M. van Erp
Publisher:
ISBN: 9789400000421
Category : Comparative law
Languages : en
Pages : 0
Get Book Here
Book Description
Every four years, the International Academy of Comparative Law (IACL) organizes an International Congress of Comparative Law, with the 2010 congress being held in Washington DC. In preparation of the congress, the IACL has drawn up a list of topics and has asked the national associations of comparative law to invite authors to write a national report on the various topics. At the same time, a general reporter has been appointed for each topic, who writes a general report on the basis of the various national reports that have been written on that topic. The Netherlands Comparative Law Association publishes all national reports written by the Dutch reporters. This book contains all the Dutch national reports written for the 2010 Washington congress.
Author: H. D'Oliveira
Publisher: Springer Science & Business Media
ISBN: 9401744432
Category : Law
Languages : en
Pages : 445
Get Book Here
Book Description
Last year I addressed the Netherlands Comparative Law Asso ciation with the following question: 'Does Comparative Law Exist At All?' (My intention then was to flog the dead (?) horse of the merger of comparative law and the sociology of law. ) In presenting this voluminous collection of Netherlands national reports to the eleventh congress of the Internatio nal Academy of Comparative Law I feel my misgivings giving way to the suspicion, that comparative law indeed exists. Of course national reports do not, as such, prove the exist ence of comparative law. It is the general reports together with the national reports, which embody the comparative effort. That is why the Netherlands Comparative Law Associa tion took the initiative to propose the publishing of the materials on a subject to subject basis instead of publish ing collections of national reports. From a comparative legal point of view, it is the topic that should form the basis of the publication, and not the origin of the materials. The general reporter for each topic should be prepared to take up the responsabilities of editing the volume, and would have to be given the right to select those national reports which he considers to be useful both in regard to their quality and the relevance of the material to the basic problems in the questionnaire. This proposal met with very favourable comments from the na tional committees and general reporters of some fifteen coun tries.
Author: J. H. M. van Erp
Publisher: Intersentia nv
ISBN: 9050955797
Category : Comparative law
Languages : en
Pages : 557
Get Book Here
Book Description
This book gives the reader an overview of current developments in Dutch Law. The contributions are from leading academics from different universities in the Netherlands. Amongst others the following topics are covered: . Dutch family law in the 21st Century: Trend-setting and straggling behind at the same time (M. Antonkolskaia and K. Boele-Woelki) . Mediation in the Netherlands: past - present - future (A. de Roo and R. Jagtenberg) . Mandatory and non-mandatory rules in Dutch corporate law (M. Meinema) . Limits and control of competition with a view to international harmonisation (P.-J. Slot) . Rights of minority shareholders in the Netherlands (L. Timmerman and A. Doorman) . Constitution, international treaties, contracts and torts (M. van Empel and M. de Jong) . Human rights and private corporations: A Dutch legal perspective (S. van Bijsterveld) . The rights of the embryo and the foetus under Dutch law (V. Derckx and E. Hondius) . Regulating electronic commerce in the Netherlands (C. Prins)
Author: Roger Brownsword
Publisher: Bloomsbury Publishing
ISBN: 1847318339
Category : Law
Languages : en
Pages : 648
Get Book Here
Book Description
There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
Author: Maurice Adams
Publisher: Bloomsbury Publishing
ISBN: 1782254196
Category : Law
Languages : en
Pages : 517
Get Book Here
Book Description
The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a 'golden rule', which is a detailed obligation that government budgets be balanced. Moreover, it required the 25 members of the EU which signed the Treaty in March 2012, to incorporate this 'golden rule' within their national Constitutions. This requirement represents a major and unprecedented development, raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project. This book analyses the new constitutional architecture of the European Economic and Monetary Union (EMU), examines in a comparative perspective the constitutionalization of budgetary rules in the legal systems of the Member States, and discusses the implications of these constitutional changes for the future of democracy and integration in the EU. By combining insights from law and economics, comparative institutional analysis and legal theory, the book offers a comprehensive survey of the constitutional incorporation of new fiscal and budgetary rules across Europe and a systematic normative discussion of the legitimacy issues at play. It thus contributes to a better understanding of the Euro-crisis, of the future of the EU, and the reforms needed towards a deeper and genuine EMU.
Author: E. H. Hondius
Publisher: Intersentia
ISBN: 9789050950411
Category : Comparative law
Languages : en
Pages : 624
Get Book Here
Book Description
This publication gives an overview of the academic developments in the field of comparative law in the Netherlands. Twenty-seven extensive articles, mainly in English, cover all legal areas and give a state of affairs in the Netherlands. This includes "the gentleman's agreement", "the institution of the trust and Dutch law", "protection of persons in medical research", "the legal protection of biological material", "anonymous witnesses in the Netherlands", "flexibilisation of working life", "the impact of the Internet on legal bibliography", "information and communication technology".
Author: Georgios Bouchagiar
Publisher: Ethics International Press
ISBN: 180441297X
Category : Law
Languages : en
Pages : 425
Get Book Here
Book Description
Private face recognition technologies are increasingly entering the private and public sphere, with no adequate checks and balances. This comprehensive and important new reference work explores crucial regulatory challenges, stemming from the use of private face recognition technologies in Europe. After detecting technological neutrality in law, legal uncertainty in case law and the risk of over-surveillance, it recommends an ex ante and targeted classification approach with a view to minimising privacy harms. Under the proposed scheme, an expert agency can scrutinise a given technology, balance conflicting stakes, classify that technological use and, finally, give a ‘go’, ‘no-go’ or ‘go-in-condition’ decision, before its actual implementation in the real-world. Recommended for legal and technology researchers and scholars focusing on surveillance and privacy, as well as government, regulatory and civil rights agencies.
Author: Joanne Blennerhassett
Publisher: Bloomsbury Publishing
ISBN: 1509905308
Category : Law
Languages : en
Pages : 339
Get Book Here
Book Description
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm. This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Lei Chen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004204873
Category : Law
Languages : en
Pages : 577
Get Book Here
Book Description
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
Author: Guobin Zhu
Publisher: Springer Nature
ISBN: 3030315398
Category : Law
Languages : en
Pages : 445
Get Book Here
Book Description
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
