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Lüneburger Schriften zum Wirtschaftsrecht

Tim Philipp Hamann

Die Europäische Richtlinie 2020/1828 über Verbandsklagen und ihre Umsetzung in Deutschland und Spanien

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

This book provides an authoritative and timely analysis of the transformation and current state of India’s foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would leadto improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

Hart Studies in European Criminal Law

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

The book offers a comprehensive analysis of the legal implementation and impacts of the European Green Deal (EGD), introduced in 2019 to transform the EU towards a sustainable, carbon-neutral economy. Covering key research areas such as energy transition, biodiversity, circular economy, and climate law, it explores topics like the EU's potential withdrawal from the Energy Charter Treaty, the role of Power Purchase Agreements in energy markets, and the intersection of energy efficiency and biodiversity. The volume also addresses legal pathways for circularity in construction, marine ecosystem sustainability, forest conservation, and climate targets at the Member State level. Drawing on contributions from the 10th European Environmental Law Forum (2023, Leipzig), this book provides valuable insights for policymakers, legal professionals, and scholars working towards a climate-neutral Europe.
This open access book

The book offers a comprehensive analysis of the legal implementation and impacts of the European Green Deal (EGD), introduced in 2019 to transform the EU towards a sustainable, carbon-neutral economy. Covering key research areas such as energy transition, biodiversity, circular economy, and climate law, it explores topics like the EU's potential withdrawal from the Energy Charter Treaty, the role of Power Purchase Agreements in energy markets, and the intersection of energy efficiency and biodiversity. The volume also addresses legal pathways for circularity in construction, marine ecosystem sustainability, forest conservation, and climate targets at the Member State level. Drawing on contributions from the 10th European Environmental Law Forum (2023, Leipzig), this book provides valuable insights for policymakers, legal professionals, and scholars working towards a climate-neutral Europe.This open access book

Legal Implementation and Impacts of the European Green Deal

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Diese Buch ist kein Finanzratgeber und keine klassische Biografie. Es ist ein persönliches Protokoll über Machtgefälle, Abhängigkeit und systematisches wegsehen. Ausgangspunkt ist ein Konflikt mit meiner Sparkasse, der ich jahrelang mein Vertrauen schenkte. Doch im Kern geht es um mehr: um strukturelle Überlegenheit eines Geldinstituts gegenüber einem einzelnen Kunden, um fehlende Augenhöhe, um Aktenführung, Verantwortung, wirtschaftlicher Entscheidungen auf ein reales Leben

Wenn das Vertrauen zu deiner Hausbank zerbricht

Ausgeliefert

This book addresses perhaps the most pervasive, topical and unsettled collection of themes and questions in the contemporary legal world, subsisting in private law and emergent technologies such as digital assets,&nbsp;blockchain and cryptocurrency. Private law frameworks across the globe are struggling to keep pace with rapid technological developments that typify the Fourth Industrial Revolution. This sluggishness is triggering a swathe of important but unanswered practical and theoretical legal questions. These questions concern critical matters of legality, practicality, utility, appropriate regulation, and the underlying theoretical basis for state intervention.This book uniquely combines a variety of themes which have not been the subject of significant writing and which are sure to inform live discourse and regulatory efforts in the space of digital assets and infrastructure,&nbsp;blockchain, cryptocurrency and related emerging technologies. Private law currently finds itself at a crossroads, and governments and courts are frantically searching for guidance as to how to approach the themes and questions addressed in this book. Legal practitioners, scholars and students of the law are equally perplexed as to private law's current and future directions in this space. The book therefore offers essential perspectives that will appeal to legislators, regulators, judges, lawyers, scholars, and students alike.

Private Law, Digital Assets, and Infrastructure

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

This open access book examines the role played by international, regional, and national legal frameworks in holding corporations operating in the natural resource sector accountable for human rights violations in the Global South.

Influential scholars from across the world address pressing issues concerning the integration of business and human rights standards for better governance of natural resources. They focus particularly on extractive and multinational companies in the Global South and their role in the transition to net zero societies. The book also examines legal mechanisms for corporate accountability under international, human rights and transnational law, using case studies from selected countries across Africa, Asia, and Latin America.

The book reviews proposals for an enforceable legal framework to hold corporations accountable for human rights abuses and environmental damage. It considers initiatives such as the OECD Guidelines on Multinational Enterprises, the UN Guiding Principles on Business and Human Rights, the UN's Draft Business and Human Rights Treaty, and the European Union Corporate Sustainability Due Diligence Directive. 

The book is essential reading for researchers working in the fields of business and human rights law, natural resources law, environmental law and international law, as well as corporate and human rights practitioners litigating in the energy and natural resources sectors.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Bloomsbury Open Collections Library Collective.

Accountability for a Just Transition

Business, Human Rights and Natural Resource Governance

'This new edition tells you all you need to know about how construction defects in homes occur, how they might be prevented, and how they might be cured.' &gt;The first edition of Residential Construction Law in 2021 offered the only systematic and analytical overview of the legal framework for residential construction. Since then, there have been significant legislative and caselaw developments across the UK, Aotearoa New Zealand, Australia and Ireland. In this second edition, the authors and their team of specialist contributors have completely revised the content, taking these changes into account. This new edition refers to more than 350 new cases, along with ground-breaking reforms like the UK's Building Safety Act 2022 and lessons from the September 2024 Phase 2 report of the Grenfell Tower Inquiry. The book also anticipates planned reforms, including sweeping changes in several Australian states. &gt;Accompanying online resources for this title can be found at bloomsbury.pub/residential-construction-law

The Uk, Ireland, Australia and New Zealand

Residential Construction Law

This book presents a new perspective on the debate around legitimacy, politics and constitutional law in Supreme Courts. Moving away from the troubling perception that Supreme Courts are trampling on the wrong side of the law/politics divide, it accepts and defends the critical claim that constitutional law is intrinsically and inescapably politics: in style, substance and outcome. It explains what is involved in that claim and recommends a more nuanced and compelling account than it is caricatured to be. The book proceeds to demonstrate how the legal and judicial process can proceed if the law-is-politics critique is taken seriously. Insisting that it cannot be business as usual, the author offers a series of constructive proposals about how constitutional law and judicial decision-making can continue in anything like their present format and style. Recognising that a more radical approach could be taken to the way in which democracy might re-organise, the book runs with the idea that it is possible to incorporate and accommodate the law-is-politics argument within a governmental system of constitutional democracy that resembles closely what now occurs. In that sense, the book is both critical and constructive as well as principled and pragmatic.

Courts, Constitutions and Politics

Rethinking Legitimacy

Die Europäische Richtlinie 2020/1828 über Verbandsklagen und ihre Umsetzung in Deutschland und Spanien

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