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Drones in Society: Exploring the strange new world of unmanned aircraft
by Ron Bartsch James Coyne Katherine GrayThe integration of drones into society has attracted unprecedented attention throughout the world. The change, for aviation, has been described as being equally as big as the arrival of the jet engine. This book examines the issues that surround this change, for our society and the legal frameworks that preserve our way of life. Drones in Society takes the uninitiated on a journey to understand the history of drones, the present day and the potential future in order to demystify the media hype. Written in an accessible style, Drones in Society will appeal to a broad range of interested readerships, among them students, safety regulators, government employees, airspace regulators, insurance brokers and underwriters, risk managers, lawyers, privacy groups and the Remotely Piloted Aircraft System (RPAS) industry generally. In a world first, this book is a light and interesting read; being both relatable and memorable while discussing complex matters of privacy, international law and the challenges ahead for us all.
Drones in Society: Exploring the strange new world of unmanned aircraft
by Ron Bartsch James Coyne Katherine GrayThe integration of drones into society has attracted unprecedented attention throughout the world. The change, for aviation, has been described as being equally as big as the arrival of the jet engine. This book examines the issues that surround this change, for our society and the legal frameworks that preserve our way of life. Drones in Society takes the uninitiated on a journey to understand the history of drones, the present day and the potential future in order to demystify the media hype. Written in an accessible style, Drones in Society will appeal to a broad range of interested readerships, among them students, safety regulators, government employees, airspace regulators, insurance brokers and underwriters, risk managers, lawyers, privacy groups and the Remotely Piloted Aircraft System (RPAS) industry generally. In a world first, this book is a light and interesting read; being both relatable and memorable while discussing complex matters of privacy, international law and the challenges ahead for us all.
Climate Change Governance and Adaptation: Case Studies from South Asia
by Anamika Barua Vishal Narain Sumit VijClimate change adaptation in South Asia is redefining the roles of different actors in the governance processes. The existing governance lack capacity, knowledge, and leadership skills to manage the uncertainties and challenges posed by climate change. This book aims to explain how the governance of climate change adaptation and mitigation is being shaped in the region and how climate change is impacting upon the governance of natural resources. Although the focus is on South Asia, the editors draw a wide range of contributions from northern and southern communities and across various agro-ecological contexts. Climate Change Governance and Adaptation: Case Studies from South Asia sees the changing climate not only as an environmental problem but as a societal challenge and discusses the governance challenges from an interdisciplinary social science perspective across different levels: local, state, and national. Discusses also the challenges and opportunities for increasing the resilience of the society through effective governance around climate change. A top down approach to govern climate change adaptation may not yield desired outcomes; instead the book emphasizes the need to integrate issues of equity, into climate governance and polices. The lessons learned from different cases across South Asia help readers have a better and deeper understanding of the relationships between governance and climate change. Given the diversity of themes covered, this book will appeal not only to researchers and practitioners in the climate change community, but also to those with a broader interest in governance processes.
Property and Trust Law in Uruguay
by Mariana Barua<span style="mso-bidi-font-size:12.0pt;font-family:"Times New Roman",serif; mso-fareast-font-family:Times-Roman;mso-bidi-font-family:Times-Roman; color:black;mso-ansi-language:EN-GB">Derived from the renowned multi-volume <span style="mso-bidi-font-size:12.0pt;font-family:"Times New Roman",serif; mso-fareast-font-family:Times-Roman;mso-bidi-font-family:Times-Roman; color:black;mso-ansi-language:EN-GB">International Encyclopaedia of Law<span style="mso-bidi-font-size:12.0pt;font-family:"Times New Roman",serif; mso-fareast-font-family:Times-Roman;mso-bidi-font-family:Times-Roman; color:black;mso-ansi-language:EN-GB">s, this practical analysis of the law of property in Uruguay deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. <span style="mso-bidi-font-size:12.0pt;font-family:"Times New Roman",serif; mso-fareast-font-family:Times-Roman;mso-bidi-font-family:Times-Roman; color:black;mso-ansi-language:EN-GB">An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. <span style="font-size:12.0pt;font-family:"Times New Roman",serif; mso-fareast-font-family:Times-Roman;mso-bidi-font-family:Times-Roman; color:black;mso-ansi-language:EN-GB;mso-fareast-language:HI;mso-bidi-language: HI">Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Uruguay will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Tort Law in Uruguay
by Mariana Barúa<span style="mso-fareast-font-family:Times-Roman;mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">Derived from the renowned multi-volume <span style="mso-fareast-font-family:Times-Roman;mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">International Encyclopaedia of Law<span style="mso-fareast-font-family:Times-Roman;mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">s, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Uruguay. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. <span style="mso-fareast-font-family:Times-Roman;mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB"> <span style="mso-fareast-font-family:Times-Roman;mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. <span style="mso-fareast-font-family:Times-Roman;mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB"> <span style="font-size:12.0pt;font-family:"Times New Roman",serif; mso-fareast-font-family:Times-Roman;color:black;mso-font-kerning:.5pt; mso-ansi-language:EN-GB;mso-fareast-language:HI;mso-bidi-language:HI">Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Uruguay. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization<span style="font-size: 12.0pt;mso-bidi-font-size:10.0pt;font-family:"Times New Roman",serif; mso-fareast-font-family:Times-Roman;color:black;mso-font-kerning:.5pt; mso-ansi-language:EN-GB;mso-fareast-language:HI;mso-bidi-language:HI"> of the rules on tort.
Fortschritte der Rechtsmedizin: Festschrift für Georg Schmidt
by J. Barz J. Bösche H. Frohberg R. Käppner R. Mattern
Communities and Law: Politics and Cultures of Legal Identities (Law, Meaning, And Violence)
by Gad BarzilaiCommunities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.
Forest and Nature Governance: A Practice Based Approach (World Forests #14)
by Bas Arts, Jelle Behagel, Séverine van Bommel, Jessica Koning and Esther TurnhoutToday, problems such as deforestation, biodiversity loss and illegal logging have provoked various policy responses that are often referred to as forest and nature governance. In its broadest interpretation, governance is about the many ways in which public and private actors from the state, market and/or civil society govern public issues at multiple scales. This book takes a fresh perspective on the study of forest and nature governance. Departing from ‘practice theory’, and building upon scholars like Giddens, Bourdieu, Reckwitz, Schatzki and Callon, it seeks to move beyond established understandings of institutions, actors, and knowledge. In so doing, it not only presents an innovative conceptual and methodological framework for a practice based approach, but also rich case studies and ethnographies. Finally, this book is about how actors involved in governance talk about and work with trees, forests, biodiversity, wildlife, and so on, while acting upon forest policies, environmental discourses, codes of conduct, or scientific insights.
Banking and Securities Regulation in the Netherlands
by Bas Jennen and Niels van de VijverThis book’s primary goal is to give a non-Dutch lawyer a basic understanding of the Dutch financial regulatory environment. In most countries financial regulation is not the easiest accessible area of the law and the Netherlands is no exception. For anyone involved in the Dutch financial industry this book will prove an indispensable toll to have some meaningful insights into the Dutch regulatory landscape. The authors are experienced practitioners who have advised domestic and international clients on Dutch financial law for many years. Together they also have extensive transactional experience as well as considerable in-house experience at both the Dutch financial regulators. Bank and Financial Securities Regulation in the Netherlands will prove a practical and comprehensive guide for non-Dutch lawyers as well as businesses and individuals who are active in the Dutch financial industry. It may also help- other Dutch lawyers to advise their non-Dutch counterparts on some of the intricacies of Dutch financial law.
Global Labour and the Migrant Premium: The Cost of Working Abroad (Routledge Studies in Liberty and Security)
by Tugba Basaran Elspeth GuildThis book provides the first systematic account of the premium costs that migrants pay to live and work abroad. Reducing the costs of international labour migration, specifically worker-paid costs for low-skilled employment, has become an important item on the global agenda over the last years and is particularly pertinent for the UN’s Global Compact on Safe, Orderly and Regular Migration. Recruitment costs alone amount in most migration corridors to anywhere between one and ten months of foreign earnings and many migrants may well lose between one and two years of foreign earnings, if all costs are considered. This book is intended as a primer for evidence-based policy for reducing the costs of international labour mobility. The contributors include academics from law, economics and politics, but also authors from international organizations, non-governmental organizations, as well as the voices of migrants. The hope of the editors is that this small collection sets the basis for evidence-based policies that seek to reduce the costs of international migration. This book will be of interest to scholars and students of migration, globalization, law, sociology and international relations, as well as practitioners and policy makers.
Private Enforcement of EC Competition Law (International Competition Law Series Set)
by Jürgen BasedowThe European Commission’s recent Green Paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: – the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; – relevance of the case law that contributes to general principles of European tort law; – comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; – calculation of damages; – passing-on of losses sustained in an upstream market to customers in a downstream market; – procedural devices which may help to overcome the lack of implementation; – duties of disclosure and the burden of proof; – collective actions that may help to overcome the rational abstention of individuals; – pitfalls of leniency programmes implemented by national competition authorities; and – issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.
Encyclopedia of Private International Law
by Jürgen Basedow Franco Ferrari Giesela Rühl Pedro De Miguel AsensioThe Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level. The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries. Key Features: • 247 substantive entries • 80 national reports • Entries organized alphabetically for ease of navigation • Fully cross-referenced • Entries written by the world’s foremost scholars of Private International Law • National codifications in English collected together into a single volume for quick reference • World class editor team.
International Antitrust Litigation: Conflict of Laws and Coordination (Studies in Private International Law)
by Jurgen Basedow Stephanie Francq Laurence IdotThe decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.
International Antitrust Litigation: Conflict of Laws and Coordination (Studies in Private International Law #8)
by Jurgen Basedow Stephanie Francq Laurence IdotThe decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.
Pollution of the Sea - Prevention and Compensation (Hamburg Studies on Maritime Affairs #10)
by Jürgen Basedow Ulrich MagnusThe International Max Planck Research School for Maritime Affairs hosted a global conference addressing marine pollution. At this meeting, academics and practitioners came together to discuss their findings and debate recent developments from an interdisciplinary perspective. This volume reflects those discussions, examining a broad range of topics concerning the ecological, economic, political, and legal aspects of the pollution of the sea.
The Hamburg Lectures on Maritime Affairs 2007 & 2008 (Hamburg Studies on Maritime Affairs #16)
by Jürgen Basedow Ulrich Magnus Rüdiger WolfrumIn 2007, the International Max Planck Research School for Maritime Affairs and the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" – giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in the field of maritime affairs. The present volume collects seven of the lectures held in 2007 and 2008 by Thomas A. Mensah, Krijn Haak, Sergio M. Carbone, Lorenzo Schiano di Pepe, Erik Røsæg, Frank Smeele, Carlos Esplugues Mota and Lucius Caflisch.
Third-Party Liability of Classification Societies: A Comparative Perspective (Hamburg Studies on Maritime Affairs #2)
by Jürgen Basedow Wolfgang WurmnestWith the worldwide upsurge of lawsuits against classification societies, their liability towards third parties has become one of the most contentious issues in contemporary maritime law. Against this background, the authors analyze potential third-party claims and examine to what extent classification societies may limit their liability. The study highlights the development in Australian, English, French, New Zealand, U.S. and German law.
Regional Developmentalism through Law: Establishing an African Economic Community (Routledge Research in International Law)
by Jonathan Bashi RudahindwaOffering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.
Regional Developmentalism through Law: Establishing an African Economic Community (Routledge Research in International Law)
by Jonathan Bashi RudahindwaOffering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.
Islamic International Law: Historical Foundations and Al-Shaybani’s Siyar
by Khaled R. BashirThrough the analysis of Al-Shaybani’s most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani’s work. This book will go some way towards filling the lacuna. Islamic International Law examines Al-Shaybani’s work alongside that of other leading scholars such as Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani’s writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani’s writing in a modern context. This book will be a useful and unique resource for scholars in the field of Islamic International law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as international humanitarian law, just war, international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.
The Business of Television
by Ken BasinIn this book, esteemed television executive and Harvard lecturer Ken Basin offers a comprehensive overview of the business, financial, and legal structure of the U.S. television industry, as well as its dealmaking norms. Written for working or aspiring creative professionals who want to better understand the entertainment industry — as well as for executives, agents, managers, and lawyers looking for a reference guide — The Business of Television presents a readable, in-depth introduction to rights and talent negotiations, intellectual property, backend deals, licensing, streaming platforms, international production, and much more. The book also includes breakdowns after each chapter summarizing deal points and points of negotiation, a glossary, a list of referenced cases, and a wealth of real-world examples to help readers put the material into context.
The Business of Television
by Ken BasinIn this book, esteemed television executive and Harvard lecturer Ken Basin offers a comprehensive overview of the business, financial, and legal structure of the U.S. television industry, as well as its dealmaking norms. Written for working or aspiring creative professionals who want to better understand the entertainment industry — as well as for executives, agents, managers, and lawyers looking for a reference guide — The Business of Television presents a readable, in-depth introduction to rights and talent negotiations, intellectual property, backend deals, licensing, streaming platforms, international production, and much more. The book also includes breakdowns after each chapter summarizing deal points and points of negotiation, a glossary, a list of referenced cases, and a wealth of real-world examples to help readers put the material into context.
Arbitration in Malaysia: A Commentary on the Malaysian Arbitration Act
by Thayananthan BaskaranArbitration in Malaysia A Commentary on the Malaysian Arbitration Act Thayananthan Baskaran Kuala Lumpur is developing into a regional hub for arbitration. The International Centre for Settlement of Investment Disputes has selected Kuala Lumpur as an alternative venue and the Permanent Court of Arbitration has opened offices there. This section-by-section commentary provides a sequential, in-depth analysis of the Malaysian Arbitration Act 2005, explaining each section’s purpose, legal source, application and effect. The text and commentary offer comprehensive details on issues arising in the course of an arbitration in Malaysia, including the following: arbitrability of the subject matter of the dispute; form of an arbitration agreement; recourse available to parties from the Courts; appointment, removal and substitution of arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure for the conduct of an arbitration; formal requirements for a binding arbitral award; grounds for setting aside an arbitral award; means for enforcing an award; and grounds on which enforcement may be declined. The commentary is primarily based on the interpretation of the Act by the Courts. The commentary includes the history of each section of the Act and the source texts in the underlying United Nations Commission on International Trade Law Model Law and statutes in other Model Law jurisdictions. This definitive guide will prove to be of immeasurable value in approaching any arbitration with a seat in Malaysia. In addition to such practical use, it will be relevant for arbitrators, in-house counsel, law firms, companies doing transnational business, interested academics and international arbitration centers.
