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Reinsurance: London Market Practice

This is a useful handbook for anyone involved in the current London Market. It leads the insurance professional through all aspects of reinsurance practice from the development of reinsurance to the methods used including: risk placement, legal contracts, policy wordings, accounting, claims and run-off. It uses charts, forms and diagrams to show many aspects of reinsurance practice. Full appendices are included giving examples of slips, cover wordings and key clauses.

Reinsurance and the Law of Aggregation: Event, Occurrence, Cause (Contemporary Commercial Law)

In excess of loss reinsurance, the reinsurer covers the amount of a loss exceeding the policy’s deductible but not piercing its cover limit. Accordingly, a policy’s quantitative scope of cover is significantly affected by the parties’ agreement of a deductible and a cover limit. Yet, the examination of whether a loss has exceeded deductible or cover limit necessitates an educated understanding of what constitutes one loss. In so-called aggregation clauses, the parties to (re-)insurance contracts regularly provide that multiple individual losses are to be added together for presenting one loss to the reinsurer when they arise from the same event, occurrence, catastrophe, cause or accident. Aggregation mechanisms are one of the core instruments for structuring reinsurance contracts. This book systematically examines each element of an aggregation mechanism, tracing the inconsistent usage of aggregation language in the markets and scrutinizing the tests developed by courts and arbitral tribunals. In doing so, it seeks to support insurers, reinsurers, brokers and lawyers in drafting aggregation clauses and in settling claims. Focusing on an analysis of primary sources, particularly judicial decisions, the book interprets each judicial decision to describe a system of inter-related rules, collating, organising and describing the English law of aggregation as applied by the courts and arbitral tribunals. It further draws a comparison between the English position and the corresponding rules in the Principles of Reinsurance Contract Law (PRICL).

Reinsurance and the Law of Aggregation: Event, Occurrence, Cause (Contemporary Commercial Law)

In excess of loss reinsurance, the reinsurer covers the amount of a loss exceeding the policy’s deductible but not piercing its cover limit. Accordingly, a policy’s quantitative scope of cover is significantly affected by the parties’ agreement of a deductible and a cover limit. Yet, the examination of whether a loss has exceeded deductible or cover limit necessitates an educated understanding of what constitutes one loss. In so-called aggregation clauses, the parties to (re-)insurance contracts regularly provide that multiple individual losses are to be added together for presenting one loss to the reinsurer when they arise from the same event, occurrence, catastrophe, cause or accident. Aggregation mechanisms are one of the core instruments for structuring reinsurance contracts. This book systematically examines each element of an aggregation mechanism, tracing the inconsistent usage of aggregation language in the markets and scrutinizing the tests developed by courts and arbitral tribunals. In doing so, it seeks to support insurers, reinsurers, brokers and lawyers in drafting aggregation clauses and in settling claims. Focusing on an analysis of primary sources, particularly judicial decisions, the book interprets each judicial decision to describe a system of inter-related rules, collating, organising and describing the English law of aggregation as applied by the courts and arbitral tribunals. It further draws a comparison between the English position and the corresponding rules in the Principles of Reinsurance Contract Law (PRICL).

Reinsurance Arbitrations

Following events such as the 2008 credit crunch and financial crisis, many sectors of the economy suffered; nevertheless, reinsurance managed to maintain its strong position in the market industry and the global economic arena. Arbitration has traditionally been used in reinsurance, due in no small part to its effective, time- and cost-efficient nature. Hence, reinsurance contracts often include arbitration clauses requiring that any and all disputes arising under the contract be resolved by arbitration. The current work provides an in-depth treatment of reinsurance arbitrations and the various issues they entail in the most representative jurisdictions for such arbitrations. It also aims to pave the way for future directions of arbitration in the context of reinsurance. Any participant in the reinsurance market arena looking for a roadmap to the fascinating legal environment in which reinsurance arbitrations operate would be well advised to have this book on hand.

Reinsuring Clauses (Lloyd's Insurance Law Library)

This book provides a comparative English/US law study of the operation of facultative reinsurance contracts. Most of the reinsurance litigation in England and the US has involved this type of contract, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant. The book is concerned with: • The legal nature of reinsurance agreements • The means whereby terms of reinsurance policies can be derived or incorporated from underlying insurances • The effect on reinsurance of judgments, awards and settlements against the reinsured • The operation of claims provisions

Reinsuring Clauses (Lloyd's Insurance Law Library)

This book provides a comparative English/US law study of the operation of facultative reinsurance contracts. Most of the reinsurance litigation in England and the US has involved this type of contract, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant. The book is concerned with: • The legal nature of reinsurance agreements • The means whereby terms of reinsurance policies can be derived or incorporated from underlying insurances • The effect on reinsurance of judgments, awards and settlements against the reinsured • The operation of claims provisions

A Reinterpretation of Rousseau: A Religious System

In this radical reinterpretation of Rousseau, Jeremiah Alberg argues that the philosopher's system of thought is founded on theological scandal, and on Rousseau's inability to accept forgiveness. Alberg explores his views in relation to alternative forms of Christianity.

Reinterpreting Criminal Complicity and Inchoate Participation Offences

In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

Reinterpreting Criminal Complicity and Inchoate Participation Offences

In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

Reinventing Data Protection?

data. Furthermore, the European Union established clear basic principles for the collection, storage and use of personal data by governments, businesses and other organizations or individuals in Directive 95/46/EC and Directive 2002/58/EC on Privacy and Electronic communications. Nonetheless, the twenty-?rst century citizen – utilizing the full potential of what ICT-technology has to offer – seems to develop a digital persona that becomes increasingly part of his individual social identity. From this perspective, control over personal information is control over an aspect of the identity one projects in the world. The right to privacy is the freedom from unreasonable constraints on one’s own identity. Transactiondata–bothtraf?candlocationdata–deserveourparticularattention. As we make phone calls, send e-mails or SMS messages, data trails are generated within public networks that we use for these communications. While traf?c data are necessary for the provision of communication services, they are also very sensitive data. They can give a complete picture of a person’s contacts, habits, interests, act- ities and whereabouts. Location data, especially if very precise, can be used for the provision of services such as route guidance, location of stolen or missing property, tourist information, etc. In case of emergency, they can be helpful in dispatching assistance and rescue teams to the location of a person in distress. However, p- cessing location data in mobile communication networks also creates the possibility of permanent surveillance.

Reinventing Human Rights (Stanford Studies in Human Rights)

A radical vision for the future of human rights as a fundamentally reconfigured framework for global justice. Reinventing Human Rights offers a bold argument: that only a radically reformulated approach to human rights will prove adequate to confront and overcome the most consequential global problems. Charting a new path—away from either common critiques of the various incapacities of the international human rights system or advocacy for the status quo—Mark Goodale offers a new vision for human rights as a basis for collective action and moral renewal. Goodale's proposition to reinvent human rights begins with a deep unpacking of human rights institutionalism and political theory in order to give priority to the "practice of human rights." Rather than a priori claims to universality, he calls for a working theory of human rights defined by "translocality," a conceptual and ethical grounding that invites people to form alliances beyond established boundaries of community, nation, race, or religious identity. This book will serve as both a concrete blueprint and source of inspiration for those who want to preserve human rights as a key framework for confronting our manifold contemporary challenges, yet who agree—for many different reasons—that to do so requires radical reappraisal, imaginative reconceptualization, and a willingness to reinvent human rights as a cross-cultural foundation for both empowerment and social action.

Reisekostenrecht: Schneller Einstieg in die wesentlichen Grundbegriffe und aktuellen Regelungen (essentials)

Im Mittelpunkt dieses essentials steht die anschauliche und fundierte Darstellung gesetzlicher Regelungen im Reisekostenrecht (inkl. Bundesreisekostengesetz). Zahlreiche Beispiele bringen dem Leser, der im Vorfeld noch nichts oder wenig mit dieser Materie zu tun hatte oder sich schnell einen Einblick in die aktuelle Zahlenwelt verschaffen möchte, die Zusammensetzung der Reisekosten (z.B. Fahrtkosten, Verpflegungsmehraufwendungen, Reisenebenkosten) nahe. Das essential ersetzt nicht die Kommunikation mit dem Steuerberater, sondern unterstützt den Angestellten dabei, aktuelle Grundkenntnisse im Reisekostenrecht zu erwerben bzw. diese zu vertiefen. Ziel ist es, die erworbenen Kenntnisse in der Praxis sicher anwenden zu können.

Reisetafel von Berlin. Eisenbahnzug-Verbindungen in Landkartenform von Berlin nach allen Ländern Europas

Related Party Transactions and Corporate Groups: When Eastern Europe Meets the West

In a market environment where economic actors conduct themselves as diligent and conscientious managers, the regulation of related party transactions (RPTs) would be largely irrelevant. Unfortunately, the corporate reality is far from an ideal world that is innocent of market abuse and corporate fraud. It remains necessary to protect minority shareholders from the wrongdoings of majority shareholders and to protect all shareholders from opportunistic managerial behaviour. This timely book – the first on the subject since implementation of the European Union’s (EU’s) revised Shareholders’ Rights Directive – provides in-depth analysis of how and to what extent RPTs are covered by existing legal requirements on capital protection and corporate group regulation, highlighting experiences and strategies adopted in Germany, Poland, and the Netherlands as examples for Eastern European countries and in particular Ukraine. Beyond his comparative analysis of the current status, the author offers recommendations for more effective handling of RPTs, investigating such aspects as the following: what constitutes a corporate group and how group issues are regulated in the various legal systems; what constitutes a conflict of interest originating in ownership and control and what types of such conflicts occur; whether RPTs within corporate groups should receive special treatment relative to transactions outside groups; combatting corporate raiding, most often carried out through illegal seizure of corporate assets; approval and disclosure requirements for RPTs; and how information about RPTs is disclosed publicly. Drawing on resources including legislation, case law, scholarship, and intensive discussions with practicing lawyers from several jurisdictions, the author underscores the imperative of establishing limitations and requirements that oblige a company’s officers, shareholders, and other potential related parties to follow certain rules whenever they wish to enter into an RPT. As a contribution to the debate about the convergence between EU corporate law and that of major eastern European states, the book has no peers. Practitioners in both East and West who advise on compliance with regulations for RPTs or represent stakeholders’ interests against abusive RPTs will ensure appropriate remedies and protection mechanisms for their clients.

Relating to Responsibility: Essays in Honour of Tony Honoré on his 80th Birthday

The essays in this volume,written by eight of the world's leading legal theorists and philosophers, began life as papers presented at seminars (held in Canberra and New York) devoted to the ideas of Tony Honoré, who is one of the most important legal thinkers of his generation. The focus is on issues dealt with in Honoré's recent book, Responsibility and Fault (1999), including determinism and luck, causation, outcome responsibility, and the morality of strict liability. Honoré's book, and these essays, discuss fundamental questions about the relationship between moral and legal responsibility. They explore the contribution that the philosophy of action and of mind can make to understanding the law.

The Relation between Large-Scale Land Acquisitions and Rural Households: Evidence from Ethiopia and Tanzania (Ökonomische Analyse des Rechts | Economic Analysis of Law)

Giulia Barbanente investigates the impact of large-scale foreign land acquisitions (LSLAs) on rural households in Ethiopia and Tanzania. Given the scale of LSLAs happening in developing countries, there is urgent need to objectively assess whether risks for smallholders are balanced by positive economic outcomes. The author considers four key pathways of influence of LSLAs on rural households: access to land, returns to land, returns to labor and price of agricultural goods. The four pathways are tested on the background of Ethiopia’s and Tanzania’s land tenure systems, which are strikingly different. The evidence shows several elements of similarity in the reported effect of LSLAs on the defined indicators of households’ welfare in the two countries.

Relational Autonomy and Family Law (SpringerBriefs in Law)

This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.

Relational Economics: A Political Economy (Relational Economics and Organization Governance)

This book introduces the research agenda of relational economics as a political economy for the governance of local and global economic transactions in modern societies. It analyses the mechanisms of global value creation and production networks by studying cooperation in intra- and inter-firm networks, intersectoral stakeholder management, and transcultural leadership. The author develops a categorical taxonomy for private and public value creation based on the effective and efficient interlinking of, and interaction between, a range of resources and abilities. In contrast to mainstream economics, which largely focuses on the laws of discrete and dyadic exchange transactions, this book assesses the polyvalent characteristics of relational transactions. The chief categories involved in an economic theory of the relations between events are the relational transactions and their various forms of governance; the polycontextual cooperation between economic, political and civil society agents; and the factor incomes and relational rents that relational transactions produce. Today, relational transactions are the rule, not the exception, in modern economies and their global value creation networks. Given its scope and focus, this book will appeal to scholars of economics, economic sociology, organisational studies and related fields.

The Relational Governance of Artificial Intelligence: Forms and Interactions (Relational Economics and Organization Governance)

This book addresses the development and adoption of artificial intelligence (AI) in and by companies and the consequent need for private sector AI regulation. Highlighting the challenges to responsible business conduct and considering stakeholder interests, it identifies ethical concerns and discusses AI standards and AI norms. Based on this needs-based analysis, the author chooses relational economics as a suitable approach to develop a theoretical AI governance model. In doing so, AI is conceptualized within relational economics in the form of an autopoietic system. Building on this theoretical contribution, the book specifies the governance adaptivity of the relational AI governance approach for an unregulated AI market and for the case of the pending E.U. AI regulation, and complements it with inductively conducted categories that summarize the main research streams in AI ethics.

A Relational Moral Theory: African Ethics in and beyond the Continent

A Relational Moral Theory draws on neglected resources from the Global South and especially the African philosophical tradition to provide a new answer to a perennial philosophical question: what do all morally right actions have in common as distinct from wrong ones? Metz points out that the principles of utility and of respect for autonomy, the two rivals that have dominated western moral theory for the last two centuries, share an individualist premise. Once that common assumption is replaced by a relational perspective given prominence in African ethical thought, a different comprehensive principle, one focused on harmony or friendliness, emerges. Metz argues that this principle corrects the blind spots of the western moral principles, and has implications for a wide array of controversies in applied ethics that an international audience of moral philosophers, professional ethicists, and similar thinkers will find compelling.

A Relational Moral Theory: African Ethics in and beyond the Continent

A Relational Moral Theory draws on neglected resources from the Global South and especially the African philosophical tradition to provide a new answer to a perennial philosophical question: what do all morally right actions have in common as distinct from wrong ones? Metz points out that the principles of utility and of respect for autonomy, the two rivals that have dominated western moral theory for the last two centuries, share an individualist premise. Once that common assumption is replaced by a relational perspective given prominence in African ethical thought, a different comprehensive principle, one focused on harmony or friendliness, emerges. Metz argues that this principle corrects the blind spots of the western moral principles, and has implications for a wide array of controversies in applied ethics that an international audience of moral philosophers, professional ethicists, and similar thinkers will find compelling.

The Relational Self and Human Rights: Paul Ricoeur’s Hermeneutics of Suspicion

This book takes up Paul Ricoeur’s relational idea of the self in order to rethink the basis of human rights. Many schools of critical theory argue that the idea of human rights is based on a problematic conception of the human subject and the legal person. For liberals, the human is a possessive and self-interested individual, such that others are either tools or hurdles in their projects. This book offers a novel reading of subjectivity and rights based on Paul Ricœur’s re-interpretation of human subjectivity as a relational concept. Taking up Ricoeur’s idea of recognition as a ‘reciprocal gift’, it argues that gift exchange is the relation upon which authentic, non-abstract, human subjectivity is based. Seen in this context, human rights can be understood as tokens of mutual recognition, securing a genuinely human life for all. The conception of human rights as gift effectively counters their moral individualism and possessiveness, as the philosophical anthropology of an isolated ego is replaced by that of a related, dependent and embedded self. This original reinterpretation of human rights will appeal to scholars of legal theory, jurisprudence, politics and philosophy.

The Relational Self and Human Rights: Paul Ricoeur’s Hermeneutics of Suspicion

This book takes up Paul Ricoeur’s relational idea of the self in order to rethink the basis of human rights. Many schools of critical theory argue that the idea of human rights is based on a problematic conception of the human subject and the legal person. For liberals, the human is a possessive and self-interested individual, such that others are either tools or hurdles in their projects. This book offers a novel reading of subjectivity and rights based on Paul Ricœur’s re-interpretation of human subjectivity as a relational concept. Taking up Ricoeur’s idea of recognition as a ‘reciprocal gift’, it argues that gift exchange is the relation upon which authentic, non-abstract, human subjectivity is based. Seen in this context, human rights can be understood as tokens of mutual recognition, securing a genuinely human life for all. The conception of human rights as gift effectively counters their moral individualism and possessiveness, as the philosophical anthropology of an isolated ego is replaced by that of a related, dependent and embedded self. This original reinterpretation of human rights will appeal to scholars of legal theory, jurisprudence, politics and philosophy.

Relational Vulnerability: Theory, Law and the Private Family (Palgrave Socio-Legal Studies)

This book breaks new theoretical ground by constructing a framework of ‘relational vulnerability’ through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or ‘dependency-work’, in the context of the private family. Expanding on existing socio-legal scholarship on vulnerability and resilience, it charts how the state seeks to conceal the embodied and temporal reality of vulnerability and dependency within the private family, while promoting an artificial concept of autonomous personhood that exposes dependency-workers work to a range of harms. The book argues that the legal framework governing the married and unmarried family reinforces principles of individualism and rationality, while labelling dependency-work as a private, gendered, and sentimental endeavor, lacking value beyond the family. It also considers how the state can respond to relational vulnerability and foster resilience. It seeks to provide a more comprehensive understanding of resilience, theorising its normative goals and applying these to different hypothetical state responses.

The Relationship between Human Security Discourse and International Law: A Principled Approach (Routledge Research in International Law)

The concept of human security has emerged in international relations and policy as an idea which not only seeks to relocate the focus of international society on the individual, but also challenges the current priorities of the international community. In particular it places emphasis on promoting and facilitating a nexus between security, development and human rights. It is potentially a paradigm in the making, gaining considerable momentum within the UN, international relations scholarship and regional bodies. And yet by-and-large it continues to be unexplored by the international legal community, despite the success of a number of international treaties being attributed to the discourse. This book seeks to address this gap, and establish the nature of the relationship between human security discourse and international law, determining whether human security can meaningfully contribute to the international legal framework. To determine this, the book analyses the core principles of human security discourse and examines the degree to which they find parallels in the existing normative structure of international law. The book examines the how the broad-narrow debate that dominates human security discourse has played out in international law-making. It goes on to consider the processes for the creation of so called ‘human security’ treaties in order to determine a blueprint for future development of international human security treaty law. In concluding Shireen Daft sets out a structured principled approach through which international legal scholarship can engage with human security, highlighting the ways in which engagement between the two fields can be sustained.