Komparativ ret

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order.

Drones, like any new technology, give rise to many challenges that require discussion and solutions. Their integration with the manned aviation system is one of the most important challenges for the future of aviation and requires the development of regulations regulating related issues to their use. As part of the monograph, the current safety regulations in civil aviation were analyzed in terms of assessing their application to drone opera-tions and analyzing of all those issues that should be taken into account when creating legal regulations for the use of drones. In addition, an in-depth analysis of issues such as the protection of the right to privacy, protection of property rights, liability for damage caused by drones, liability insurance was made.

This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. Thisbook is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.

The UNIDROIT Principles of International Commercial Contracts provide an excellent and practice proven tool for cross-border contracts:They constitute a neutral and pragmatic business-oriented contractual regime for cross-border contractsThey contain multiple solutions to typical contractual questions regarding the life of a contract, often by way of a compromise between civil and common lawThey have been referenced in hundreds of decisions of arbitral tribunals or national state courtsThey have been endorsed inter alia by the United Nations Commission on International Trade Law (last in 2021) and the Union Internationale des Avocats (2020) bringing together through its bar association and individual members approximately two million lawyers in more than 110 countriesThirty years after their first publication, it is arguably malpractice to ignore them.In this fully revised and enlarged 2nd edition, the commentary continues to analyse the UNIDROIT Principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply. The commentary includes proposals for choice of the UNIDROIT Principles' clauses and practical guidance for their use as template, or to supplement the CISG or national law. In addition to arbitral and state court decisions and recent literature, the 2nd edition includes an in-depth analysis of extensive legislative material.The author is a German practitioner with international training and familiarity with both common and civil law. He has been admitted to the New York Bar and also teaches at the University of Hamburg as a Professor of Law. The author is using the UNIDROIT Principles for more than 20 years in his commercial and arbitration practice, in recent years on a daily basis in multiple industries. As he shares his experience under the UNIDROIT Principles, the commentary can also be used as a practical guide and checklist of issues to consider in international contracting.

The book provides insights to the alleviation of tensions between Chinese tax incentives and the WTO¿s subsidy rules, thus further offering implications for both China and the WTO on integrating in the world economy. Moreover, doing a comparative study with EU State aid law can also provide China with a source of inspiration for reviewing its legal mechanism in respect of tax incentives and the WTO for rethinking its subsidy rules with regard to achieving its objectives and purposes. Academics and students in related subject will be interested to read the book. Practitioners doing business related to China, EU and international trade can be very interested in this book. Policymakers in both China and EU can also get valuable knowledge and inspiration from the book.

This book takes a law and economic approach to examine the securities law enforcement in China and provides an in-depth empirical analysis on the enforcement inputs and outputs. In contrast to previous studies, it systematically collects a large sample of judicated securities fraud cases and public sanctions as disclosed by the listed companies. The enforcement regime is further divided into the private enforcement exemplified by the civil litigation imitated by harmed investors and public enforcement by sanctions proceedings initiated by public agencies.Academic researchers, policy makers and practitioners, who are interested in the securities market and regulation could find the information provided in this book interesting.

This book introduces the multilevel perspective to analyze how local, national, and international actors and institutions in the heritage field interact. More specifically, a comparative study is made of controversies regarding six UNESCO World Heritage sites in Germany and the United Kingdom. The six cases involve traditional monuments (the cathedral of Aachen and the castle and cathedral of Durham), industrial heritage (the Zollverein Coal Mine in Essen and the former tin and copper mines in Cornwall), and cities (Dresden and Liverpool). Studying how long-term landscape developments interact with local actors and nationally organized regimes reveals important differences between the decentralized German and the centralized British approach to heritage preservation. These differences not only have consequences for the governance of heritage preservation in the two countries, but also for their relations with international organizations such as UNESCO.

This book focuses on the enforcement aspect of tobacco control policy, and argues that the intense regulation of the tobacco market will never be successful as long as it can be circumvented by the availability of illicit tobacco products. Yet, current efforts to combat illicit tobacco trade are insufficient, suffering from several flaws and gaps at the regulatory and operational levels. The aim of this book is to provide an analysis of the legal framework and practice of enforcement with regard to illicit tobacco products. Combining criminological and legal perspectives, it presents and critically analyses the phenomenon of illicit tobacco trade, as well as the policies, legal frameworks and practices in six EU countries with regard to combatting this phenomenon, assessing the strengths and weaknesses of their approaches. Furthermore, it studies the relationship between the EU and third countries (e.g. Ukraine) in terms of how the EU can influence policy and enforcement in these countries in order to counter illicit tobacco trafficking. Not exclusively focusing on the EU, the book also includes an analysis of enforcement against illicit tobacco products in the US. The EU Member States analysed in the book (Belgium, Germany, Italy, Latvia, the Netherlands and Poland) reflect the range of currently available approaches. Some of them have ratified the WHO Protocol against tobacco smuggling; others have not. They belong to different legal traditions and face different challenges due to their respective border situations. While Belgium and the Netherlands are key entry ports to the EU, Poland and Latvia represent the Eastern land border of the EU, with various regional challenges. Italy has a long maritime border, where trafficking is possible from Northern Africa and from the Middle East. It also has significant experience in fighting organised crime. Lastly, Germany is the largest market in Europeand situated in the middle of these trafficking routes.

This book is the first book to comprehensively and deeply explain and construct the legal system of Chinese art auctions. Based on agency theory in traditional contract law, this book combs the legal relationship between client, auctioneer, and buyer. Aiming at the most difficult problem of art identification, this book shows the obligations that auctioneers must perform and the common methods for auctioneers to avoid these obligations. The purpose of this book is to ease the current situation in which the interests of buyers and auctioneers are too opposed and speed up the legalization process of art auctions through the construction of the legal system of art auctions in China. Additionally, using the method of policy demonstration, this book discusses how public power should intervene in the process of art auctions.

This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes-Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.

Das tibetische Mustang gilt als das »verborgene Königreich« im Himalaya. In einem über 20 Jahre dauerndem Projekt wurden die heiligen Tempelwandmalereien restauriert und gleichzeitig die buddhistischen Traditionen wieder zum Leben erweckt. Die Prachtpublikation dokumentiert mit Fotografien von Luigi Fieni und Kenneth Parker das faszinierende Projekt, die Landschaft Mustangs sowie die spirituelle und weltliche Lebensweise der einheimischen Lobas.Das Königreich Mustang mit seiner mittelalterlichen Hauptstadt Lo Monthang besticht durch seine heiligen Tempel und die kunstvollen Wandmalereien. Um dem jahrhundertelangen Verfall entgegenzuwirken, startete unter Leitung des Restaurators und Fotografen Luigi Feini ein aufwändiges Restaurierungsprojekt. Das Besondere: Dieses wurde nach einer speziellen Ausbildung durch die ortsansässigen Lobas durchgeführt. Die einzigartige Initiative führte zu einer kulturellen Renaissance und dem Fortbestand der tibetisch-buddhistischen Traditionen.

This book is the latest work on the reform of supervisory system by Qin Qianhong. The author demonstrates Chinäs supervisory system at both the theoretical and practical levels, discusses the historical development of supervisory system reform in depth and offers the prospect of supervisory system from his unique perspective. Theoretically, focusing on the context of China, the book studies systematically the origin, transformation and evolution of the concept of supervision and concludes the theoretical basis, object of research and basic scope of supervisory law research, in expectation of building a theoretical system. Practically, from the perspective of Chinäs reality, the book focuses on the studies of the crucial issues in supervisory system reform, such as the cooperation between supervisory power and prosecutorial power, and the status of supervisory institutions, aiming to provide suggestions for the supervisory system reform.

This is the first book published that focuses on competition law and policy in the Japanese pharmaceutical sector. It consists of chapters written and edited by academics who research the industry from various perspectives, including economics, competition law, pharmaceutical regulations, and intellectual property law. Competition policies involving pharmaceutical products attract attention from academics and policymakers worldwide. The pharmaceutical industry is regulated by drug laws that vary from country to country and are affected by differing practices and industrial structures. The book begins by examining drug regulations and trade practices in the industry that are peculiar to Japan and its healthcare system. It then presents the Japanese Antimonopoly Act and cases involving it, and discussions of current competition law issues in the Japanese pharmaceutical industry. The book also discusses innovation and intellectual property and economic analyses of pharmaceutical regulations and drug discovery. The chapters include comparative studies on Japanese regulations vs. those in the European Union and the United States.Japan is one of the biggest pharmaceutical markets in the world. With this in mind, the book provides "one-stop shopping" for anyone interested in pharmaceutical regulations in the country. Covering the basics but extending to in-depth explorations of complex problems, this book appeals not only to students and academics, pharmaceutical companies and regulators, but also to those dealing with real-world policy issues that encompass competition policy, intellectual property, and pharmaceutical regulation.Chapter 11 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com

This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "e;imperative norms"e;, and "e;imperativeness"e; as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning.By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

This book uses humanity-rationality and experience and the freedom of human will as a theoretical perspective to examine the basic framework of criminal law theories constructed by the criminal classic school and the criminal empirical school. The author puts forward the principle of the duality of rationality and experience of humanity and affirms the determinism of human behavior in the ontological sense and the freedom of will in the axiological sense. From this point of view, this book examines the humanistic foundations of crime and punishment, legislation and justice.

This book offers conceptual analyses, highlights issues, proposes solutions, and discusses practices regarding privacy and data protection in transitional times. It is one of the results of the 15th annual International Conference on Computers, Privacy and Data Protection (CPDP), which was held in Brussels in May 2022.We are in a time of transition. Artificial Intelligence is making significant breakthroughs in how humans use data and information, and is changing our lives in virtually all aspects. The pandemic has pushed society to adopt changes in how, when, why, and the media through which, we interact. A new generation of European digital regulations - such as the AI Act, Digital Services Act, Digital Markets Act, Data Governance Act, and Data Act - is on the horizon. This raises difficult questions as to which rights we should have, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances.The book covers a range of topics, including: data protection risks in European retail banks; data protection, privacy legislation, and litigation in China; synthetic data generation as a privacy-preserving technique for the training of machine learning models; effectiveness of privacy consent dialogues; legal analysis of the role of individuals in data protection law; and the role of data subject rights in the platform economy.This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals as well as on social systems - is becoming ever more important. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.

Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution.Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process.Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.