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The limited liability company (GmbH) was created by the German legislature in 1892 as a company form without any historical forerunners or suggestions from comparative law. It brought about a readjustment of the relationship between the chance of profit and the liability risk. However, criticism from the jurisprudence that had not been included in the quick legislative process was also heard from the start. As early as 1892, Levin Goldschmidt expressed concern that the GmbH would replace 'principally more solid forms of company'. However, this criticism did not prevent the company form of the GmbH from being adopted in numerous European countries, or at least seriously considering its reception.
To realize public interest, the administration is granted with superior powers, namely public force. In return, in a state governed by the rule of law, a mechanism is needed to protect the rights of persons before ¿public force¿ and to secure the lawfulness of the ¿powerful¿ administration. Administrative law may be seen as a balance between public interest which is in favor of people as a community and public force which restricts the rights of persons. This book covers the general principles that administration should abide by, while serving for public interest by using public force.
This book explores how the 1982 UN Convention on the Law of the Sea has evolved to provide an adequate regulatory framework to tackle the challenges arising from offshore renewable energy activities. It also examines what gaps may remain and how they should be filled.
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