This book contains the discussions that took place at a conference that gathered together experts in the field. The book is made up of 4 sections: Confidence in Legislation as a Regulatory (and Administrative) Problem; Improving Confidence in Legisl…
The European Commission adopted its Digital Single Market Strategy in May 2015. Three years later, legislative measures are emerging which aim to tackle the unique legal problems arising from the supply of digital content and which will shape the de…
How does the idea of public justification and adjacent concepts figure in the work of John Rawls? This book offered a detailed study which allows for an interpretation of how A Theory of Justice and Political Liberalism converge and diverge. It also…
Human activities in outer space will become ever more important because of increasing commercial activities such as space tourism, civilian and military activities, especially satellite launches, all the way to a potential future mining of extra-ter…
Bringing together contributions from legal scholars and practitioners, this book contributes to a broader reflection on the extent to which policy controversies on humanitarian admission to Europe are channeled and managed through law.The book is di…
Progress in exploration and exploitation of outer space is proceeding rapidly, resulting in new space telecommunication services, innovative use of the constellation of satellite and new methods of prolonging the life of those satellites. In respons…
What road should procedural innovation take? More than 20 experts from practice and academia discuss the future of EU civil procedure, ranging from cross-border enforcement to mutual trust, from E-CODEX to Online Dispute Resolution. They offer bluep…
The purpose of the European directives on corporate law is to enable businesses to be set up anywhere in the EU, to provide protection for shareholders and other parties with a particular interest in companies, to make business more efficient and co…
Freedom of expression in abstraction is easily professed, yet often controversial and unsatisfying. As states attempt to balance the interest of liberty, speech is often at the intersection. In its practical application, it is easy to lose sight of…
Trade and commerce are central to the wealth of nations. International and cross-border by nature, they require international rules. In response, a complex framework of rules have been developed to regulate the field, with some gaining global accept…
The exit of the United Kingdom from the EU represents the first large-scale reversal of European integration. It will, in particular, have an appreciable impact on the trade relations with the European continent. This edited volume brings together c…
This book explores actions to set aside under stock corporation law by studying the legal problems connected with the right to challenge such measures, including by looking into practical cases. By means of an empirical survey, the author subsequent…
Preface by R.A. DuffIn line with theories of National Socialism as a continuation and radicalization of existing trends, this innovative study interprets Nazi criminal law as a racist (anti-Semitic), nationalist ("Germanic"), and totalitarian constr…
The transfer of Foreign Direct Investment competence to the EU within the Treaty of Lisbon opened the way for a more coherent EU international investment policy. Two and a half years on, an EU and Investment Agreements conference was convened to ass…
International Labour Law under the Rome Conventions offers a full academic examination of the conflict-of-laws questions in Labour Law, as far as they are standardised in Europe (Rome I and for industrial action Rome II). It also deals with the unre…
This article-by-article Commentary on the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is a vital resource for practitioners and academics in the field of EU investment protection law. CETA has been called a game-changer.…
European contract law is not only a core aspect of European private law but also plays a highly important role in the development of contract law at national level. However, European contract law's contribution and significance are often overlooked…
Peter Haberle, one of the most eminent constitutional lawyers in Germany and beyond, has devoted over four decades of academic work to one central idea: that processes of constitutionalisation are cultural processes and their outcome, the constituti…
Waterborne transport is of crucial importance within the European Union. Almost 90% of the EU's external freight trade and 40% of the intra EU-exchanges of goods and passengers are carried by sea. 23 EU Member States are coastal states and 26 are Fl…
A detailed critical analysis of the CISG, OHADA and CESL as models for the harmonisation of sales laws in the SADC region. The study is cutting edge research on SADC and the application of its legal and institutional framework towards creating and i…
The creation of a single digital single market is one of the key objectives of the European Commission. The work deals with the challenges for European contract law in the areas of 3D printing, sharing economy and Internet of Things. The proliferati…
Amicus curiae participation in international courts and investment arbitration tribunals is increasing despite lack of clarity on the concept's nature, function and added value in international dispute settlement. The book examines the laws and prac…
International organizations become more and more important in the process of globalization. In recent years, the number and scope of measures taken by the UN has increased accordingly but also the legitimacy concerns related to these measures. The q…
This Volume offers an introduction to the Israeli legal system. It includes a detailed analysis of the Foundations of the Israeli Law, Civil, Public and Criminal Law, Trade and Business Law as well as a presentation of Israel within the Internationa…
This book explains various areas of private, public and criminal practice in the United States, as well as US legal research, to the audience of practising civil lawyers who may interact with US lawyers. Each chapter is written by a recognised speci…
The growing importance of international investment law, fuelled by the processes of globalisation and the search for natural resources, and fostered by the ease of cross-border financial flows, has given rise to a huge expansion in the incidence of…
The contributors of the volume analyse the effect of the ECHR and international human rights on the national and European legal order from different angles. Special emphasis is given on the Union's accession to the ECHR and the scrutiny of ECJ's opi…
Which dispute settlement mechanisms are available in the area of space communication? Their choice is clearly determined by the legal character of those who are parties in the dispute - States, international intergovernmental organisations, private…
Can we have legitimate internet law without State institutions and authorities? What principles and criteria should be taken into consideration in producing internet's legal rules? Who should be the author of internet's normativity? Principles such…
As European conflict of laws principles, the Rome Regulations have largely replaced national regulations and are directly applicable in every EU Member State. Accompanied by the increasing number of cross-border issues in Europe, it is indispensable…
This work represents a systematic and practical analysis of the relevant rules, matter and terminology of international sales law. Written for practitioners as well as researchers and students the manual offers a comprehensive and in-depth overview…
The European Data Protection Basic Regulation brings a uniform data protection law directly applicable in all European Member States, which will also have to be complied with by numerous companies outside the EU with business in the EU. The existing…
The most profound reform of social policy in Germany during the last decade was the labour market reforms 2003/4. It was initiated by a reform commission chaired by Peter Hartz (Volkswagen) and its motifs and results are still controversial today.Th…
In recent years the European Union has been beset by a series of profound crises. Starting with the financial crisis, to the challenge of increased immigration, to the growth of Euroscepticism; the EU is now facing serious questions of its own legit…
Human dignity is the key term that the Universal Declaration on Human Rights placed at the centre of legal discourse on a global level. The Universal Declaration inspired the subsequent use of dignity in domestic constitutional documents as well as…
Contracts for the supply of digital content are fraught with legal issues extending beyond contract law. The contributions to this volume analyse the challenges and gaps in European Commission's proposed Directive (COM(2015) 634 final) from the pers…
Digitisation is fundamentally transforming our entire economy and our society. The datafication of business processes leads to an incredibly fast and ever increasing mass of data. Such data is the blood in the veins of the digital economy. Many exis…
Preventing contributions to serious human rights violations in the course of business activity is a matter of prime importance to the international community. With a view to business actors providing infrastructure, funding or other means for the co…
This volume presents an accessible overview of the current state of the legislation on the freedom of assembly in eleven selected member states of the Venice Commission: the UK, France, the US, Belgium, Germany, Turkey, the Russian Federation, the U…
The provisions of the Agreement on the European Economic Area (EEA) determine the relations of the EFTA countries Norway, Iceland and Liechtenstein with the EU and its Member States. On its basis, these three countries participate extensively in the…
The book critically examines the current process of reforming the copyright system in the European Union. On the basis of core elements of the harmonised copyright acquis, the work exposes the shortcomings of current reform proposals with a view to…
Since the inception of the international investment law system, investment promotion and protection have been the raison d'etre of investment treaties and states have confined their policy space in order to attract foreign investment and protect the…
On the 27th of September 1968, the six EC Member States signed the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. 50 years later, the European Court of Justice and the Max Planck Institute Luxem…
This study analyses the content and scope of the principle of judicial independence as currently applied in the international judiciary. In light of the increasing role played by courts in the international system, the author initially examines the…
Choice architecture is everywhere. Nudging has become fashionable. The EU and some Member states, including Germany, explore the possibilities of informing their regulatory policies with behavioural insights. This book provides a cutting-edge overvi…
In their contributions, the authors connect general philosophical reasoning about the foundational role of human dignity for human rights with more concrete demands as to how to deal with basic human needs and to end poverty. These legal and politic…
This volume includes an article-by-article analysis of key instruments in European and international labour law. It provides an invaluable resource for lawyers and scholars, offering insightful guidance on questions relating to the interpretation of…
The study is a result of a collaborative research project addressing "The Implementation of the New Insolvency Regulation - Improving Cooperation and Mutual Trust". The project was undertaken by the Max Planck Institute Luxembourg for Procedural Law…
The European integration project has been one of the success stories of the last century. The predominant Zeitgeist during this period was to advance this project by deepening mutual cooperation, encapsulated in the famous formula of an 'ever closer…
Currently the EU is facing some fundamental challenges: the euro and refugee crises are still unresolved, the solidarity between Member States is eroding and nationalist forces are growing as support for European integration is diminishing. The unio…
