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Start-up Law (Elgar Practical Guides)
This comprehensive Practical Guide provides direction on the wide array of legal questions and challenges that start-ups face. Start-up Law features analysis from five jurisdictions that represent a variety of legal traditions across different continents. Expert contributors address key legal issues for technology-based start-ups and entrepreneurs, as well as providing insights into the law and practice of the countries examined. Key features include: • a focus on the complete life cycle of a start-up, from innovative idea through growth of the business to success or failure • specific, in-depth analysis of law relating to start-up businesses in Denmark, Canada, Israel, Switzerland and the United States • guidance aimed at helping start-ups and entrepreneurs navigate the diverse legal and regulatory hurdles they may encounter, including practical insights from expert contributors with first hand industry experience. Start-up Law will prove crucial reading for lawyers advising technology start-ups, as well as entrepreneurs themselves in this sector. It will also be useful for scholars and students in business and commercial law, as well as policy-makers interested in providing a supportive regulatory environment for innovation and start-ups.
State Aid Law of the European Union
Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.
State Capitalism and International Investment Law (Studies in International Trade and Investment Law)
This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it. The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely.
States of Emergency and Human Rights Protection: The Theory and Practice of the Visegrad Countries
Emergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czech Republic, Hungary, Poland, and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic. The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that faces illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policymakers working in the areas of Constitutional Law and Politics.
States of Exception in American History
States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.
States of Exception or Exceptional State: Law, Politics and Giorgio Agamben in the Middle East
This book explores the application of the work of the philosopher Giorgio Agamben to the post-Arab Uprisings in the Middle East, considering the evolution of regime-society relations that ultimately erupted in violence in the early months of 2011. Agamben's ideas of the state of exception and bare life provide important intellectual tools to understand the nature of sovereignty and the regulation of life, which has largely been missing in the study of the region. Filling a theoretical and empirical gap by exploring the concept of the 'state of exception' via a multidisciplinary approach, Simon Mabon, Sanaa Alsarghali and contributors in the fields of political science, law and philosophy offer a unique set of perspectives analysing how politics and law combine to facilitate the misuse of executive powers.
The Statute of the International Court of Justice: A Commentary (Oxford Commentaries on International Law)
This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.
Stockholm Arbitration Yearbook 2021
Stockholm Arbitration Yearbook Series, VOLUME 3 Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition’s topics include: a guide to the arbitral tribunal’s deliberation and decision-making; getting unwilling witnesses to appear; recent Swedish case law related to arbitration; claims based on fraud and other non-contractual claims; two parties with several arbitration agreements; and interaction between experts and the arbitral tribunal. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies and arbitral institutions worldwide.
Straftäterbehandlung: Argumente für eine Revitalisierung in Forschung und Praxis (Studien und Materialien zum Straf- und Massregelvollzug #2)
Strategies of Argument: Essays in Ancient Ethics, Epistemology, and Logic
This volume features fifteen new papers by an international group of scholars in ancient philosophy, with a particular focus on new work in ancient Greek and Roman ethics, epistemology, logic, and science. The papers are organized around five broad topics: Plato, Aristotle's ethics and practical reasoning, Aristotelian logic, Hellenistic ethics, and Hellenistic epistemology. Specific topics covered include the refutation of the hedonist in Plato's Philebus, the question of whether modern interpreters are right to read Plato's Timaeus as "proto-historical," Aristotle's argument concerning virtue, Aristotle's discussion of practical reasoning in the realm of ethics, Aristotle's logical theory, classification and division of goods in ancient ethical theories, and belief, appearances, and assent in Hellenistic epistemology.
The Struggle for Human Rights: Essays in honour of Philip Alston
The Struggle for Human Rights evaluates the themes of law, politics, and practice which together define international human rights practice and scholarship. Taking as it's inspiration the 40 year career of international human rights advocate Philip Alston, this book of essays examines foundational debates central to the evolution of the human rights project. It critiques the reform of human rights institutions and reflects on the place of human rights practice in contemporary society. Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, The Struggle for Human Rights addresses the most urgent questions posed within the field of human rights today - its practice and its theory. Rethinking assumptions and re-evaluating strategies in the law, politics, and practice of international human rights, this book is essential reading for academics and human rights professionals around the world.
Studienreform und die Zukunft der Juristenausbildung (Rechtspolitik aktuell #1)
Mit dem Universitätsstudiengesetz von 1997 sind die Weichen für eine umfassende und tiefgreifende Reform der Studien an den österreichischen Universitäten gestellt worden. Das Gesetz begnügt sich mit der Vorgabe von Rahmenbedingungen und überläßt die nähere Regelung des Studienrechts den Studienplänen, die auf der Ebene der Universitäten und Fakultäten autonom zu beschließen sind. Künftig können der Aufbau und Inhalt desselben Studiums von Universität zu Universität beträchtliche Unterschiede aufweisen. Der Erfolg des rechtswissenschaftlichen Studiums als Mittel der Bildung und der wissenschaftlichen Berufsvorbildung erscheint schon seit längerem zweifelhaft. Der im Durchschnitt allzu langen Studiendauer, der zu hohen drop-out-Rate und der permanenten Verschlechterung der Chancen der Absolventen auf dem Arbeitsmarkt muß mit einer Reform der universitären Juristenausbildung begegnet werden. Dabei sind auch die Veränderungen im Gefüge der traditionellen Rechtsfächer zu berücksichtigen. Nicht zuletzt wird auch die Didaktik wesentlich zu verbessern sein. In den Beiträgen dieses Bandes werden die Ziele und die konkreten Aspekte einer Reform der Juristenausbildung behandelt. Die Grundlage bildet die Reformdiskussion an der Grazer Rechtswissenschaftlichen Fakultät, die im Rahmen einer mehrtägigen internationalen Tagung stattgefunden und die die Arbeiten an einem neuen Studienplan maßgeblich bestimmt hat.
Studies in the History of Tax Law, Volume 10 (Studies in the History of Tax Law)
These are papers from the 10th Cambridge Tax Law History Conference, which took place in July 2020. The papers fall within the following basic themes:- UK tax administration issues- UK tax reforms in the 20th century- History of tax in the UK- The UK's first double tax treaty- The 1982 Australia-US tax treaty- The legacy of colonial influence- Reform of Dutch excises, and- Canadian tax avoidance.
Studies in the History of Tax Law, Volume 11 (Studies in the History of Tax Law)
This book is a continuation of the prestigious series which is drawn from the papers of the biennial Cambridge Tax Law History Conference. The authors are a mix of academics and senior tax professionals from the judiciary and practice with representatives from 9 countries. The series continues to investigate current tax policy debates in an historical context. The papers fall within 3 basic categories: 1. UK and Irish tax, looking at a variety of topics such as tax administration, cases and judges (Whitney, Singer, Viscount Radcliffe), the taxation of royal forests, the taxation of spirits, and income tax transition in the Irish Free State;2. International taxation, with chapters on the role of international organisations (OECD, League of Nations) and on South Africa's early attempts to address double taxation (tax treaties); and3. Non-UK tax systems, including chapters on the legacy of colonial influence (Dutch East Indies), early developments in China, New Zealand, and the USA, an influential Canadian report (Carter Commission), development of the GAAR in Scandanavia, and the receipt of Roman tax law in Europe.
Studies in the History of Tax Law, Volume 9 (Studies in the History of Tax Law)
These are the papers from the ninth Cambridge Tax Law History Conference, held in July 2018. In the usual manner, these papers have been selected from an oversupply of proposals for their interest and relevance, and scrutinised and edited to the highest standard for inclusion in this prestigious series.The papers fall within five basic themes. Four papers focus on tax theory: Bentham; social contract and tax governance; Schumpeter's 'thunder of history'; and the resurgence of the benefits theory. Three involve the history of UK specific interpretational issues: management expenses; anti-avoidance jurisprudence; and identification of professionals. A further three concern specific forms of UK tax on road travel, land and capital gains. One paper considers the formation of HMRC and another explains aspects of nineteenth-century taxation by reference to Jane Austen characters. Four consider aspects of international taxation: development of EU corporate tax policy; history of Dutch tax planning; the important 1942 Canada–US tax treaty; and the 1928 UN model tax treaties on tax evasion. Also included are papers on the effects of WWI on New Zealand income tax and development of anti-tax avoidance rules in China.
The Subjects of Literary and Artistic Copyright
This accessible and innovative book examines to what extent copyright protects a range of subjects which are engaged in the creation and management of literary and artistic works, and how such subjects use copyright to protect their interests.Offering a complementary analysis, The Subjects of Literary and Artistic Copyright explores how copyright regulates the production and management of literature and art. The book examines the creators of literature and art, as well as market operators such as publishers and “managers” including museums, galleries, and universities. The perspectives offered cover a diverse range of subjects, and confront the regular contradictions and conflicts that occur within literary and artistic copyright interests. The chapters illustrate, via historical and empirical analysis, that established practices and traditional approaches to the management of copyright need to be revisited, in order to be more aligned with current social and technological frameworks.Providing a starting point for future research paths on copyright practices in art and literature, this insightful book will be of interest to legal academics looking to expand their knowledge of literary and artistic copyright. Law professionals with interests in intellectual property and art law will also benefit from its novel approach.
Subsidiarität in Europa: Bürgernähe, Partizipation und effiziente Steuerung
Der Sammelband zeigt auf, wie das im EU-Recht festgeschriebene Prinzip der Subsidiarität eine Politik, die nahe am Menschen ist, stärken und zur Selbstverwaltung vor Ort beitragen kann. Die darin versammelten Beiträge befassen sich zum einen mit den theoretischen Grundlagen des Subsidiaritätsprinzips und beleuchten zum anderen dessen konkrete Ausgestaltung aus der Perspektive verschiedener Akteure. Subsidiarität ist sowohl im Grundgesetz als auch im europäischen Verfassungsrecht verankert. Durch ihre Verwirklichung, das heißt, indem Probleme dort angegangen und gelöst werden, wo sie ihren Ausgangspunkt haben, kann auch das Demokratieprinzip gestärkt werden.
Suffering and Bioethics
Long before it cured disease, medicine aimed to relieve suffering-but despite that precedence, the relief of suffering often takes a back seat in today's biomedical research and treatment. Modern bioethics, too, has been slow to come to terms with suffering. Attention to ethical quandaries has sometimes displaced attention to the experience of patients. This book seeks to place suffering at the center of bioethical thinking once again. Among the questions its contributors explore are: What is the meaning of suffering? How does it relate to pain? If there can be pain without suffering, can there be suffering without pain? Does suffering require advanced cognitive abilities? Can animals suffer? Many believe that we have strong obligations to relieve or minimize suffering; what are the limits of these obligations? Does the relief of suffering justify the termination of a patient's life, as proponents of euthanasia maintain? What is the bearing of suffering on the cherished bioethical principle of autonomy? Can suffering impair a patient's ability to make reasoned choices? To what extent must the encounter with suffering be an important component of medical education? Do religious traditions ever move from efforts to explain and relieve suffering to positions that justify and promote it? The aim of this book is to undertake a new foray into this "foreign territory" of suffering. With a foreword by the distinguished bioethicist Daniel Callahan, its twenty-two chapters, authored by leading scholars in science and bioethics, are organized so as to examine suffering in its biological, psychological, clinical, religious, and ethical dimensions.
The Supply Chain: A System in Crisis
The Supply Chain: A System in Crisis highlights the multifaceted challenges facing modern supply chains. It examines the concept of a globalized economy, juxtaposing the promise of prosperity with the acute reality of worker exploitation and environmental harm. This thought-provoking book explores the interconnected relationships of supply chains with political problems, social crises, and the depreciation of natural resources.Analyzing in depth the rapid development of the global economic system and the subsequent vulnerability of the supply chain, international experts dive into the many issues exacerbated by this commercial evolution, covering disasters such as the Rana Plaza collapse. Urging the reader to rethink supply chain management, the book calls for a transformation from mere value creation to sustainability and regeneration. Considering the power of systemic and holistic thinking as well as transformative public policy, it envisions a future in which supply chains emerge reborn and resilient.This seminal book is an indispensable resource for scholars of supply chain and sustainability management, corporate social responsibility, and responsible consumption and production. It will also be of critical use to practitioners, political decision makers, business strategists, and environmental and labor rights activists.
Supporting Legal Capacity in Socio-Legal Context (Oñati International Series in Law and Society)
This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial.With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.
Surrounding Self-Control
Self-control has gained enormous attention in recent years both in philosophy and the mind sciences, for it has profound implications on so many aspects of human life. Overcoming temptation, improving cognitive functioning, making life-altering decisions, and numerous other challenges all depend upon self-control. But recent developments in the philosophy of mind and in action theory, as well as in psychology, are now testing some of the assumptions about the nature of self-control previously held on purely a priori grounds. New essays in this volume offer fresh insights from a variety of angles: neuroscience; social, cognitive, and developmental psychology; decision theory; and philosophy. While much of the literature on self-control is spread across distinct disciplines and journals, this volume presents for the first time a thorough and truly interdisciplinary exploration of the topic. The essays address four central topics: what self-control is and how it works; temptation and goal pursuit; self-control, morality, and law; and extending self-control. They take up an array of complex and important questions. What is self-control? How is self-control related to willpower? How does inhibitory control work? What are the cultural and developmental origins of beliefs about self-control? How are attempts at self-control hindered or helped by emotions? How do our beliefs about our own ability to deal with temptation influence our behavior? What does the ability to avoid temptation depend on? How should juvenile responsibility be understood, and how should the juvenile justice system be reformed? Can an account of self-control help us understand free will? Combining the most recent scientific research with new frontiers in the philosophy of mind, this volume offers the most definitive guide to self-control to date.
Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives (Hart Studies in European Criminal Law)
What impact has the evolution and proliferation of surveillance in the digital age had on fundamental rights? This important collection offers a critical assessment from a European, transatlantic and global perspective. It tracks four key dimensions: digitalisation, privatisation, de-politicisation/de-legalisation and globalisation. It sets out the legal and policy demands that recourse to 'the digital' has imposed. Exploring the question across key sectors, it looks at privatisation through the prism of those demands on the private sector to co-operate with the state's security needs. It goes on to assess de-politicisation and de-legalisation, reflecting the fact that surveillance is often conducted in secret. Finally, it looks at applicable law in a globalised digital world. The book, with its exploration of cutting-edge issues, makes a significant contribution to our understanding of privacy in this new digital landscape.
Sustainability in Public Procurement, Corporate Law and Higher Education (Transnational Law and Governance)
Contemporary changes in law and policy at the global level to efficiently answer to environmental and social issues correspond to the traditional approach of limiting the regulatory and policy changes to a singular field or discipline: tackling the inherent unsustainability of corporate laws or incentivising the offering of sustainable finance to stimulate the transition towards sustainable practices. This book provides a new viewpoint and approach of simultaneously regulating seemingly non-connected fields in order to provide a fertile ground for a truly organic change towards sustainable outcomes. It addresses diverse questions of sustainable transition of the three specific fields to support sustainable practices in public procurement, private market transaction, and in educating future business leaders and legal experts by incorporating sustainable concerns as the underlying guiding principles of their conduct. It translates scientific findings into a practical format that can be used by diverse stakeholders searching for information and solutions in their respective professional fields. The underlying assumption is that a simultaneous action in the three respective fields of public procurement, corporate law, and higher education brings about more coherent and interconnected results that incentivise further action and changes towards sustainable practices. The book furthers the idea of policy coherence by building upon the findings in the field of public procurement, corporate law, and practice and higher education curricula. By identifying the barriers in the three respective fields for sustainable action and proposing solutions for either eliminating or minimising those barriers at the EU level, the book calls for further changes in the respective fields as well as for considering the spillover effects of these policies on other fields.
Sustainable and Responsible Investment in Developing Markets: A Companion
Covering pertinent areas of sustainable and responsible investment (SRI) this forward-looking book examines SRI in developing markets including its evolution, principles and concepts. It explores the drivers and challenges in developing economies and analyses the theoretical underpinnings to critical issues pertaining to SRI.This timely book investigates investment strategies and philosophies that attempt to incorporate environmental, social and governance (ESG) concerns into investment decision-making. In turn it provides an in-depth review of a number of different motivations for SRI, including: personal values and goals, institutional missions, and the demands of clients, constituents or plan participants. Sustainable and Responsible Investment in Developing Markets further defines how to integrate ESG issues into investment portfolios, looking to sustainable and responsible investors with a focus on financial performance, who believe in using these investments to promote ESG practices.With a focus on sustainability in relation to business and investment, this expansive book will be a useful guide for finance, business, environment, geography and innovation students, and researchers, practitioners, and policymakers interested in understanding sustainable and responsible investment, specifically for developing countries.
Sustainable Development Goal 16 and the Global Governance of Violence: Critical Reflections on the Uncertain Future of Peace (Routledge Studies in Sustainable Development)
This book brings together a diverse range of scholars and practitioners working at the nexus of peace and development to reflect, at the mid-way point of the Sustainable Development Goals implementation period, what impact Goal 16 has made, or may yet make, toward reducing violence in ‘all its forms.’ Adopted in 2015, the Sustainable Development Goals include 17 objectives designed to shape and direct the global development agenda through to 2030, with Goal 16 aiming to promote ‘peaceful and inclusive societies for sustainable development.’ Amidst an ongoing global pandemic, evidence of a fracturing liberal international order, and the persistence of seemingly intractable conflict in large parts of the world, this volume takes stock of current progress toward providing access to justice and ensuring inclusive and democratic institutions. Across 15 chapters, the book’s contributors explore the universal aspirations of Goal 16 and its specific implications for conflict-affected states, which continue to experience ‘development in reverse,’ and for historically marginalized groups such as women, youth, the disabled, and indigenous peoples. In doing so, it offers a comprehensive assessment of Goal 16’s broader contribution to the creation of a more just, peaceful world against the realities of societies emerging from the COVID-19 pandemic and grappling with a deepening climate crisis. This volume will appeal to scholars, researchers, policymakers, and postgraduate students in sustainable development, global governance, international relations, global development, international law, and political science.