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Projektverträge im Anlagenbau und für vergleichbare Investitionsprojekte
By Christoph Schmitt, Eberhard Krügler. 2013
Projektverträge regeln das Rechtsverhältnis zwischen dem Investor als Auftraggeber und dem Unternehmer als Auftragnehmer. Sie sind bei der Realisierung komplexer…
Projekte weit verbreitet, vor allem im Anlagenbau, aber auch bei der Beschaffung von Gütern und bei der Softwareentwicklung. In dem Buch werden die wesentlichen Aspekte und Inhalte vor dem Hintergrund der einschlägigen gesetzlichen Regelungen besprochen. Hinweise und Vorschläge zur Vertragsgestaltung berücksichtigen die aktuelle nationale und internationale Unternehmens- und Vertragspraxis.Legal Risks in EU Law
By Emilia Mišćenić, Aurélien Raccah. 2016
This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of…
different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union's approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States' laws, which create barriers to trade and hinder the Union's economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union's smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.Key Aspects of German Employment and Labour Law
By Jens Kirchner, Pascal R. Kremp, Michael Magotsch. 2010
This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields.…
Legal professionals with expert knowledge and many years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimize risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are key legal professionals working at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world (www.dlapiper.com), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger and acquisitions projects, including post-merger integration processes.Regulation of Commercial Space Transport
By Ruwantissa Abeyratne. 2015
This book provides a look at the various nuances of the commercial aspects of space transport and offers a workable…
and practical legal and regulatory approach to be taken by the International Civil Aviation Organization. The book also addresses the perceived lack of wisdom in neglecting to consider the basic legal structure of a regulatory regime for commercial space transport as a first step and goes on to analyze ways and means of using the existing legal instruments pertaining to international civil aviation as an analogous system that can be moulded into a separate and cohesive set of multilateral legal instruments that could apply to commercial space transport. As expected, commercial space transport has taken off with a flourish. It is now evident that, from sub-orbital flights to mining asteroids, this industry will grow exponentially. Signs of its importance are reflected by various international conferences being convened on the subject both by academia and the international community. The only snag is the lack of a regulatory instrument or in the least a contrived approach to a definitive legal regime that would provide a structure, purpose and direction to commercial space transport. This blatant lacuna and neglect has resulted in the emergence of various theories by academics and a half hearted look at the subject by the international legal community.The Politics of Shari’a Law
By Michael Buehler. 2016
The Islamization of politics in Indonesia after 1998 presents an underexplored puzzle: why has there been a rise in the…
number of shari'a laws despite the electoral decline of Islamist parties? Michael Buehler presents an analysis of the conditions under which Islamist activists situated outside formal party politics may capture and exert influence in Muslim-majority countries facing democratization. His analysis shows that introducing competitive elections creates new pressures for entrenched elites to mobilize and structure the electorate, thereby opening up new opportunities for Islamist activists to influence politics. Buehler's analysis of changing state-religion relations in formerly authoritarian Islamic countries illuminates broader theoretical debates on Islamization in the context of democratization. This timely text is essential reading for students, scholars, and government analysts.Remote Sensing Technology in Forensic Investigations provides a basic understanding of concepts involved in the use of basic geophysical surveying,…
metal detectors, magnetics, electromagnetics and ground penetrating radar in police and forensic investigations. Such technology can be vital in locating clandestine, buried evidence which is often concealed in the subsurface underground. Crime scene investigation and evidence collection entails locating, identifying, collecting, and cataloging. Such physical evidence searches are time consuming and can often lead to searches that require excavations, which in itself that can destroy evidence. The noninvasive, nondestructive methods outlined in this book can both reduce the time spent on searches and excavations, thereby increasing the probability of locating vital physical evidence. As such, the application of remote sensing methods has gained increased acceptance, and seen increased usage, by investigators. Remote sensing methods are based on making indirect measurements of the surface of and within the earth. The resulting measurement information can be presented in either an imaging format— such as in aerial photography—or a non-imaging format, such as in a profile or contour map. These measurements can be interpreted to identify and characterize contrasts due to differences in physical and natural properties of the materials being studied. This can include physical evidence, remains, and clandestine graves. This book will serve as a handy introductory primer to the technology, techniques, and application of such techniques. Throughout, numerous references and additional resources are provided for those investigators, forensic anthropology, and police professionals who want further information on the technology’s usage for investigative purposes.Futures of Reproduction
By Catherine Mills. 2010
Issues in reproductive ethics, such as the capacity of parents to 'choose children', present challenges to philosophical ideas of freedom,…
responsibility and harm. This book responds to these challenges by proposing a new framework for thinking about the ethics of reproduction that emphasizes the ways that social norms affect decisions about who is born. The book provides clear and thorough discussions of some of the dominant problems in reproductive ethics - human enhancement and the notion of the normal, reproductive liberty and procreative beneficence, the principle of harm and discrimination against disability - while also proposing new ways of addressing these. The author draws upon the work of Michel Foucault, especially his discussions of biopolitics and norms, and later work on ethics, alongside feminist theorists of embodiment to argue for a new bioethics that is responsive to social norms, human vulnerability and the relational context of freedom and responsibility. This is done through compelling discussions of new technologies and practices, including the debate on liberal eugenics and human enhancement, the deliberate selection of disabilities, PGD and obstetric ultrasound.What Went Wrong With Money Laundering Law?
By Peter Alldridge. 2016
This book surveys the development of laws surrounding the crime of money laundering and the associated changes in the anti-money…
laundering (AML) industry. The policy of attempting to deal with crime by attacking its financial products started in the arena of drugs, but quickly moved to organised crime, terrorism, corruption and tax. Now the focus has shifted once again to organised crime and to immigration. In the wake of the failure of the 'war on drugs' a huge amount of money is now being spent on a global surveillance and reporting system, and we do not know whether the system works or not. What Went Wrong With Money Laundering Law? documents the events which, taken independently, could each be seen as rational responses to specific problems and as incremental adjustments to the focus of the law. Taken together, however, it is demonstrated that they have led to significant changes in the law and to the current situation. Underlying the entire AML industry is the crime of money laundering, which, having been devised more to provide a trigger for the reporting machinery than to describe and condemn a particular category of harmful behaviour, is now being used in a far wider range of cases than is appropriate. This book will be of great interest to scholars and practitioners of criminal and financial law, socio-legal studies and criminology.Groups, Rules and Legal Practice
By Rodrigo Eduardo Sánchez Brigido. 2009
Ever since Hart´s The Concept of Law, legal philosophers agree that the practice of law-applying officials is a fundamental aspect…
of law. Yet there is a huge disagreement on the nature of this practice. Is it a conventional practice? Is it like the practice that takes place, more generally, when there is a social rule in a group? Does it share the nature of collective intentional action? The book explores the main responses to these questions, and claims that they fail on two main counts: current theories do not explain officials´ beliefs that they are under a duty qua members of an institution, and they do not explain officials´ disagreement about the content of these institutional duties. Based on a particular theory of collective action, the author elaborates then an account of certain institutions, and claims that the practice is an institutional practice of sorts. This would explain officials´ beliefs in institutional duties, and officials´ disagreement about those duties. The book should be of interest to legal philosophers, but also to those concerned with group and social action theories and, more generally, with the nature of institutions.International Trade Policies and Climate Change Governance
By P. K. Rao. 2012
This work offers a synthesis of the current approaches toward an integration of international trade and climate change, with a…
view to fostering potential improvements in policies and institutions affecting these. A number of pragmatic measures are proposed with reference to the WTO and the United Nations Framework Convention on Climate Change (UNFCCC) regimes, which are expected to contribute toward enhanced climate change governance, as well as promoting international trade.Commonwealth Caribbean Constitutional Law
By Fred Phillips. 2002
This book includes the reforms proposed by the various Caribbean Commissions since 1985, making it a comprehensive guide to constitutional…
law in the Caribbean. It outlines sources of the law and developing changes in the doctrine of sovereignty of Parliament and the Conventions of the Constitution as well as in the role of the Public Service. There is also an expanded commentary on the Caribbean judiciary in which special reference is made to the proposed Caribbean Court of Justice.Caribbean Constitutional Law will be valuable to students of law and political science and practitioners wishing to renew their acquaintance with the basic concepts of constitutional law.Intellectual Property Issues
By Ulrich Storz, Johanna Driehaus, Wolfgang Flasche. 2011
SpringerBriefs in Biotech Patents present timely reports of intellectual properties (IP) issues and patent aspects in the field of biotechnology.…
This new volume in the series focuses on the particular IP issues of therapeutics, vaccines and molecular diagnostics. The first chapter concentrates on basics principles for protecting antibody compounds. Additional ways to create follow-up protection for antibody therapeutics are also discussed. The second chapter gives an overview of the patent landscape in molecular diagnostics, and discusses issues of patentability with respect to the different technologies and compounds used therein. The third chapter gives a broad overview of areas of law that are particularly relevant to the patenting of peptide vaccines and therapeutic peptides as products and in compositions. The scope of patentable subject matter is discussed, as it has been the focus of much wrangling and debate in the courts.Human and Water Security in Israel and Jordan
By Philip Jan Schäfer. 2012
The work aims at answering the question as to how far discourses on human security are present in Jordan and…
Israel, if they converge and if political solutions for the issue of water security could be derived. The analysis is based on the assumption that from human security perspective common solutions for urgent problems can be derived more easily than out of a perspective of national security. Yet it is acknowledged that according to a new security perspective different security threats are being identified by relevant actors. An empirical analysis of written statements and utterances of the respective security elites establishes the methodological tool for the identification of human security discourses in Israel and Jordan. Subsequently it is estimated how far water is presented as a matter of national security in Israel and Jordan using the theory of securitization.Guantanamo and Other Cases of Enforced Medical Treatment
By Mirko Daniel Garasic. 2015
This volume presents a number of controversial cases of enforced medical treatment from around the globe, providing for the first…
time a common, biopolitcal framework for all of them. Bringing together all these real cases guarantees that a new, more complete understanding of the topic will be within grasp for readers unacquainted with the aspects involved in these cases. On the one hand, readers interested mainly in the legal and medical dimensions of cases like those considered will benefit from the explanation of the biopolitical framework within which each case develops. On the other hand, those focusing on only one of the situations presented here will find the parallels between the cases an interesting expansion of the complexity of the problem. Despite the book's ambitious goal, for those willing to use it as supplemental material or interested in only one of the cases, the chapters can function as self-standing pieces to be read separately. This volume will be a valuable tool for both academics and professionals. Bioethicists in both the analytic and continental traditions, will find the book interesting for not only the specific concepts and issues considered, but also for its constructive bridging of the two schools of thought. In addition to philosophers, the structure of this work will also appeal to lawyers, doctors, human rights activists, and anyone concerned in the most disparate way with real-life cases of enforced medical treatment.Law and Order in Ancient Athens
By Adriaan Lanni. 2016
The classical Athenian 'state' had almost no formal coercive apparatus to ensure order or compliance with law: there was no…
professional police force or public prosecutor, and nearly every step in the legal process depended on private initiative. And yet Athens was a remarkably peaceful and well-ordered society by both ancient and contemporary standards. Why? Law and Order in Ancient Athens draws on contemporary legal scholarship to explore how order was maintained in Athens. Lanni argues that law and formal legal institutions played a greater role in maintaining order than is generally acknowledged. The legal system did encourage compliance with law, but not through the familiar deterrence mechanism of imposing sanctions for violating statutes. Lanni shows how formal institutions facilitated the operation of informal social control in a society that was too large and diverse to be characterized as a 'face-to-face community' or 'close-knit group'.The Function of Public International Law
By Jan Anne Vos. 2012
This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed…
by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.The Force of Law Reaffirmed
By Christoph Bezemek, Nicoletta Ladavac. 2016
This book examines the success of Frederick Schauer's efforts to reclaim force as a core element of a general concept…
of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer's main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties. While it was long assumed that legal norms are essentially defined by their force, it was H. L. A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart's argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer's substantive arguments and his claims about jurisprudential methodology.Democracy after the Internet - Brazil between Facts, Norms, and Code
By Samantha S. Moura Ribeiro. 2016
This book throws new light on the way in which the Internet impacts on democracy. Based on Jürgen Habermas' discourse-theoretical…
reconstruction of democracy, it examines one of the world's largest, most diverse but also most unequal democracies, Brazil, in terms of the broad social and legal effects the internet has had. Focusing on the Brazilian constitutional evolution, the book examines how the Internet might impact on the legitimacy of a democratic order and if, and how, it might yield opportunities for democratic empowerment. The book also assesses the ways in which law, as an institution and a system, reacts to the changes and challenges brought about by the Internet: the ways in which law may retain its strength as an integrative force, avoiding a 'virtual' legitimacy crisis.Freedom of Expression in a Diverse World
By Deirdre Golash. 2009
The debate over the foundations and boundaries of freedom of speech, once a matter of balancing the individual rights of…
unpopular speakers against broader social interests, took on a new shape in the 1980s when feminists began to advocate restrictions on pornography and critical race theorists to advocate restriction of certain kinds of hate speech. These challenges to traditional liberalism brought into sharp focus the issues of why we value free speech and how much weight it should be given against competing values. Difficult as it is to resolve these issues domestically, we now face new challenges arising from the increasingly rapid dissemination of information across international borders in an atmosphere of considerable political tension. The riots in response to the publication of Danish cartoons ridiculing Mohammed and the death threats against Salman Rushdie indicate how dramatically the stakes have been raised. At the same time, there is increased concern over discriminatory treatment of sexual minorities, Muslims, and immigrants. Against this background, the essays in this volume seek to illuminate why we value freedom of speech and expression and how this freedom can be weighed against other values, such as multicultural sensitivity, the rights of racial and sexual minorities, and the prevention of violence, both domestically and internationally.The Competence of the European Union in Copyright Lawmaking
By Ana Ramalho. 2016
This book inquires into the competence ofthe EU to legislate in the field of copyright, and uses content analysistechniques to…
demonstrate the existence of a normative gap in copyrightlawmaking. To address that gap, it proposes the creation of benchmarks oflegislative activity, reasoning that EU secondary legislation, such as directivesand regulations, should be based on higher sources of law. It investigates twosuch possible sources: the activity of the EU Court of Justice in thepre-legislative era and the EU treaties. From these sources, the authorestablishes concrete benchmarks of legislative activity, which she then testsby applying them to current EU copyright legislation. This provides examples ofgood and bad practices in copyright lawmaking and also shows how the benchmarkscould be implemented in copyright legislation. Finally, the author offers somerecommendations in this regard.