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The Maritime Code of the German Empire

This open access book asks whether international economic crime can qualify as an international crime and be prosecuted as such. Taking a four-part approach to the question, it traces the origins of the concept of international economic crime, and draws the line between ordinary economic crimes and economic offences of international significance. To this end, it examines six cases involving the commissions of serious economic crimes in different regions of the world, including Europe, the Americas and Africa: the crime of grand corruption in the Petrobras case; the theft of natural resources in the Niger Delta region and Liberia; the international money-laundering scheme in the Bolichicos case; the crime of financing terrorism in the Chiquita case; the Volkswagen conspiracy case in the US and the Haarde case related to gross-negligence in preventing serious economic damage. It then goes on to discuss a potential sui generis category of international economic crimes, before considering the advantages and the challenges of the multilevel enforcement system of international criminal justice in prosecuting such crimes. This book provides an innovative and original avenue for the analysis of a controversial and yet overlooked topic in international criminal law. 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 Lund University.

Theorising a New Paradigm of Mass Criminality

Systemic Economic Offences as International Crimes

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

Hart Studies in Commercial and Financial Law

This book provides a detailed analysis of two UNCITRAL texts: the Model Law on Electronic Transferable Records (MLETR) and the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services (MLIT). The MLETR is the legal tool that enables the use of trade documents such as bills of lading and promissory notes in electronic form. The book discusses core MLETR provisions such as those on scope of application, functional equivalence, and reliability standards. It illustrates national variations in enactment techniques and substantive content, including in France, Singapore, and the United Kingdom. The MLIT provides the legal framework to manage identity management and trust services, including electronic signatures. The book explains the different approaches to giving legal recognition and effect to identity management and trust services, both domestically and across borders. It discusses the legal framework to accommodate functions and needs of identity management, describes trust services against the background of pre-existing UNCITRAL texts, and takes into account the revised EU eIDAS Regulation. Providing an article-by-article commentary as well as an overview of implementation trends, the book is a fundamental resource for commercial, maritime and banking lawyers, digital economy policymakers, legislative drafters, supply chain management and paperless trade specialists, and for anyone interested in understanding the legal aspects of the transition from documents to data in trade.

Electronic Transferable Records, Digital Identity and Trust Services

Uncitral Model Laws on Digital Trade

This book re-examines the origins and development of the laws of war and human rights law and exposes an overlooked provision of the European Convention on Human Rights which permits the use of lethal force where absolutely necessary to quell an insurrection. When civilian casualties occur in internal armed conflicts, questions are asked about how civilians can be better protected against the use of force by armed insurgents and state security forces. The laws of war include protection against the targeting of civilians but permit the use of force based on 'military necessity' and allow 'proportionate' civilian casualties. Where those laws do not apply, the use of force is generally seen as being limited to self-defence. This creates paradigms of armed conflict and law-enforcement with very different rules. The paradigms are then treated by governments and other actors as being separate and divided by a threshold of violence, when, in practice, they overlap, both in the conduct of military operations and, this book argues, as a matter of law. Revisiting the law provides the opportunity to reassess the benefits and risks of the existing paradigms and consider how applying the provision permitting the use of lethal force in quelling an insurrection would affect them. The book concludes that it offers a middle way based on the existing law, but it requires wider recognition and development in order to achieve a more appropriate balance between human rights and collective security.

Lethal Force, Human Rights and the Laws of War

Quelling Insurrection

The Compatibility of Mechanisms Accessible to Individuals

Autonomy of EU Law and International Dispute-Settlement

The definitive guide to serving as an executor, trustee, or estate representative If you need to wrap up the affairs of a loved one who has died, you might feel overwhelmed--especially when you're grieving. But you can do it, and this book will show you how. The Executor's Guide provides a clear road map through an unfamiliar land of legal procedures and terminology. You'll learn what to do right away and what can wait. In plain language, this book explains: <ul> <li>The Critical First Steps: The legal and practical steps to take in the first days and weeks after a death.</li> <li>Managing Paperwork: How to deal with the mounds of paperwork from life insurance, Social Security, veterans' benefits, final paychecks, transferring accounts, and death announcements.</li> <li>Interpreting Wills and Understanding Intestacy: Reading, understanding, and following the directions in a will -and figuring out what to do if your loved one passed away without a will.</li> <li>Avoiding Probate: How to determine if the estate qualifies for simplified "small estate" procedures that can save your family thousands of dollars and months of delays.</li> <li>Filing Final Taxes: Handle the estate's final income and estate taxes.</li> <li>Managing Assets &amp; Paying Bills: From opening an estate's bank account to dealing with creditors and paying bills.</li> <li>Handling Trusts: Step-by-step guidance on administering a stand-alone living trust and trusts created by a will.</li> <li>Working with Professionals: Know when you need help from a lawyer, appraiser, or financial advisor. Understand how to work with these professionals and keep costs down.</li> </ul> The fully updated 11th edition features revised state-specific charts that detail each state's probate thresholds, tax rules, and legal requirements.* Includes downloadable worksheets. Get access to customizable digital checklists, asset inventory sheets, and executor log templates to keep your records organized from day one. * This book does not cover Louisiana law.

Settling a Loved One's Estate or Trust

The Executor's Guide

Addressing Agency Costs Through Monitoring and Corporate Litigation

Short-Termism and Shareholder Engagement

Choosing tenants, raising the rent, returning deposits, and maintaining rental property--these are just a few of the things landlords do that are strictly regulated by California law. To avoid problems and hefty legal fees, rental property owners and managers need to know and comply with federal, state, and local rules, and use the proper legal forms. Fortunately, everything you need is in this book. Rent control and eviction protections are blossoming throughout California; alongside statewide protections, even small municipalities are enacting local ordinances that affect rent, terminations, and notices. This book contains a unique rent control chart that explains key provisions and gives information on how to learn more. No California landlord can afford to do business without checking for local ordinances and following them.

The Maritime Code of the German Empire

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