Unified patent court - - ebook

Eleven international publishing

Highly mobile workers and the coordination of social security in the eu - eva van ooij - ebook (9789400111707)

Eleven international publishing

In a globalizing world, national borders are frequently crossed. Moreover, flexibility is a key skill in the knowledge economy of the 21st century. Accordingly, an increasing number of workers can be labelled as 'highly mobile', which are persons that combine various forms of work (on-call contracts, employment agency work, platform-work, teleworking etc.) that are carried out in several countries. This book provides an in-depth analysis of a current and pressing problem for an increasing group of working people, whose social (security) protection is unclear or even non-existent. The main rule of EU social security law prescribes that the law of the Member State where the person works applies. When there are several work countries involved, the multi-activity rule of Article 13 of Regulation 883/2004 is to be applied. According to this conflict rule, the applicable social security legislation is to be determined by the place of work or the place of residence. Which of these two connecting factors is decisive in situations of high mobility? The rather simple question of where is the highly mobile worker socially insured may become a difficult one. The consequences for highly mobile workers and their employers are that social rights and obligations are not only sometimes difficult to determine, one could also question whether the applicable legislation as determined by the conflict rules of Regulation 883/2004 is appropriate for a certain highly mobile situations. While some problems are more of a technical-legal nature, others rather stem from procedural and administrative issues. How could these problems be addressed by EU social security law? With many forms of flexible work and work activities increasingly being performed in several Member States, it seems more important than ever to map out mobility-related issues that highly mobile workers may encounter and to explore possible routes towards more legal certainty regarding their social security protection. That is exactly what the research presented in this book aims to attain.

The recognition and enforcement of punitive damages judgments across the globe - ebook (9789400113176)

Eleven international publishing

Thus far, private international law issues relating to punitive damages have mainly been dealt with from the perspective of several European countries. Systematic research into countries outside Europe was lacking up until now. There is, however, a continuous discussion in various legal systems worldwide on the recognition and enforcement of foreign punitive damages judgments and, in particular, regarding their compatibility with the public policy of the country of enforcement. In October 2021, the Maastricht European Private Law Institute (M-EPLI) organised a Roundtable on the recognition and enforcement of punitive damages across the globe. Experts from different continents reflected on the current position in their jurisdiction(s) and exchanged their understandings and ideas in the Roundtable. This resulting book includes an introductory chapter on the status quo of punitive damages enforcement in Europe, followed by country reports from Russia, China, South Korea, the Philippines and Japan, Commonwealth Africa, Mexico and Argentina, and Brazil. In conclusion, overarching insights from the Hague Conference are formulated. This book provides an invaluable resource for academics, judges, practitioners and policy makers in the field of private international law, punitive damages, and civil law remedies. It gives an overview of the treatment of punitive damages judgments across continents and may serve as a building block for further research.

Towards a european reassessment of punitive law enforcement? (1e druk) - john a.e. vervaele - ebook (9789400112414)

Eleven international publishing

The European Union is today a major player in many policy areas, going from classic economic fields as competition policy, agriculture and fisheries policy to new emergent fields as environmental policy, arterial intelligence policy, security and foreign policy and criminal justice policy. These policies comes with an increasing level of EU regulation, having also a substantive impact on the harmonization of national policies and regulations. This expansion of EU competence naturally also places new demands on their enforcement, especially when it comes to investigations with the aim of imposing punitive administrative and/or criminal sanctions. In this expanded version of his valedictory lecture Prof. Vervaele is assessing 1) to what extent the EU and its Member States have a policy on punitive enforcement in the internal market and in the Area of Freedom Security and Justice and 2) how this policy translates into the harmonization of substantive administrative and criminal law and procedural law at the national level and into the elaboration of administrative and judicial cooperation instruments and the setting up of European enforcement agencies. The assessment includes to what extent this policy takes account of the human rights obligations. Prof. Vervaele concludes with a plea for a European model for punitive law enforcement with an increased alignment between the administrative enforcement tools in the internal market and the criminal enforcement tools in the Area of Freedom, Security and Justice. In this model the national enforcement authorities are build in under a network cooperation scheme.

The rationale of publicity in the law of corporeal movables and claims - jing zhang - ebook (9789089745835)

Eleven international publishing

In modern society, movables have become an important part of one's wealth. The transactions concerning movables have noticeably become ever more complicated, implying that the legal relationships of personal property are considerably intricate. Under this pretext the question arises how to preclude conflicts for different transactions to realize the target of 'preventive justice' under a strong publicity system. This book focuses on the traditional aspects of publicity, possession and notification with respect to corporeal movables and claims, and includes a comparative study of English law, German law and Dutch law. The principle of publicity on the basis of possession and notification is nowadays no longer tenable. Instead it is more desirable to introduce registration, traditionally a method of publicity for immovable property, in the law of corporeal movables and claims. In three case studies, this book argues that a system should incorporate secured transactions and trust, and an independent central register should be established as is the case for other jurisdictions.

Fighting poverty and violence - joris voorhoeve - ebook (9789089745255)

Eleven international publishing

Fighting Poverty and Violence analyzes what is needed to abolish the worst forms of human deprivation. Based on many international studies about the UN Sustainable Development Goals, it concludes that only two percent of world income is needed to provide all human beings with safe drinking water, sanitation, food, basic education, and simple health care. The poorest people also incur the largest numbers of victims due to wars, disasters, and pandemics. This book contains practical suggestions for more effective civic and political action to reach the universal goal of well-being in peace. With pictures by Ton Koene

Discrimination and the foundation of justice - e. dijkstra - ebook

Eleven international publishing

Juvenile delinquency and rehabilitation - colinda serie - ebook

Eleven international publishing

Making surveillance public - marc schuilenburg - ebook

Eleven international publishing

Crossing borders: proving your personal status - sarah den haese - ebook

Eleven international publishing

'ssjef-sache's - ebook (9789089745095)

Eleven international publishing

Since 1997 Sjef van Erp has been professor of civil law and European private law at Maastricht University. Throughout his career he established the field of comparative and European property law not only as a field of research, but also as a field to teach in. His pioneering work in comparative property education has been an example throughoutthe world. His work to gather property experts to make a Ius Commune Casebook on property law, widely used throughout the world as one of the first and very few books on comparative property law, underlines these efforts. In the last decade Sjef van Erp has also been instrumental in bringing researchers together in the European Law Institute that he co-founded, as well in various international working groups focusing on the challenges brought forward by technological developments on the law of property. He has become recognized as an international scholar in the field of PropTech (or property and technology). Throughout all these international activities, he has retained his teaching post at Maastricht and introduced generations of students into the field of property law from a comparative and European perspective. In January 2021 Sjef van Erp has retired as professor of civil law and European Private Law at Maastricht University. On the occasion of his retirement a group of international authors have come together to prepare and offer him a book to commemorate this occasion.

Teaching for impact - hedwig van rossum - ebook

Eleven international publishing

Stories from the history of the faculty of law in nijmegen (1923-2023) - - ebook

Eleven international publishing

Regulating non-existence - l. ten haaf - ebook

Eleven international publishing

The constitutional systems of central-eastern, baltic and balkan europe - angela di gregorio - ebook (9789462744936)

Eleven international publishing

This volume addresses, in a broad comparative perspective, the constitutional development of the countries of Central-Eastern, Baltic and Balkan Europe. Through an in-depth historical and political analysis, the co-authors examine the most recent constitutional dynamics of these countries, focusing in particular on the path followed after the collapse of their respective socialist regimes. A large number of countries is examined which demonstrates the complexity of this area in terms of state-building. The authors analyse in detail the various constitutions, with a focus on the debate that took place in the constituent assemblies and the in uence of European democratic conditionality. The authors also examine the respective bills of rights especially with regard to their enforcement and protection. Finally, it should be noted that systems of government, territorial decentralization and constitutional justice are also the object of attention.

Japan in space - ebook (9789089745286)

Eleven international publishing

This book provides a comprehensive account of Japan's space program, including the history of its space organizations, laws, and policies. The two main laws covering space activities are the Act on Launching of Spacecraft, etc. and Control of Spacecraft, and the Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data, both of which are discussed in detail. Also closely examined is the 2020 Basic Plan on Space Policy, which deals with the broad policy goals and specific programs of Japan's space development.In addition, a more general overview of Japanese foreign investment legislation is discussed for the benefit of non-Japanese participants in Japan-based space activities. The book is aimed at readers who are interested in Japanese space law, have a general interest in Japan's space development, or who may be considering participation in a growing and increasingly diverse array of Japanese space-related business opportunities.

Dilemmas beyond bars - milou van dijk - ebook

Eleven international publishing

Comparative perspectives on law and language - ebook (9789400111899)

Eleven international publishing

Law finds its roots in human experience and its expression in language. It cannot be administered, studied or taught without the instrumentality of language. The focus on language enlarges and deepens comparative studies. This volume features a wide array of comparative perspectives encompassing Law and Language, inviting readers to deepen their understanding of their many interactions, casting new lights that benefit jurists and linguists alike. It invites to interdisciplinary collaboration, focusing on the centrality of language in law making, solving legal problems and making sense of the law. This volume displays a variety of approaches to Law and Language, moving from traditional to renewed doctrinal approaches, including case studies and empirical exercises. The chapters move across jurisdictions and time periods, from preconceived ideas to calls for change. This volume takes an innovative and interdisciplinary approach embracing a variety of prisms: translation studies, comparative law, legal history, jurilinguistics, and legal education, to name a few. It is an indispensable companion for anyone interested in these disciplines.

Third party releases by means of bankruptcy law guarantees and (mass) tort - - ebook

Eleven international publishing

Eu youth justice - jantien leenknecht - ebook (9789400113039)

Eleven international publishing

Minors can be involved in judicial proceedings of a different Member State when they have - allegedly - committed an offence within the EU. Whereas the EU has developed instruments to facilitate cooperation between Member States in criminal matters, no specific instruments exist to deal with cross-border youth justice cases. This book assesses to what extent it is possible and feasible to develop EU cooperation in youth justice matters. In EU youth justice: The personal scope of EU criminal law and the diversity of youth justice systems, on the one hand the author examines whether youth justice matters fall within the scope of EU judicial cooperation in criminal matters. On the other hand, a thorough legal comparison is carried out between the youth justice systems of Austria, the French Community of Belgium, the Netherlands and Northern Ireland. Their similarities and differences are evaluated in terms of age limits, specialised actors (police officers, public prosecutors, courts, lawyers, support services and detention institutions), and reactions (diversion, non-custodial and custodial reactions). This book is for anyone interested in foreign youth justice systems, children's rights and EU criminal law.

Restorative justice: the art of an emancipated crime approach - jacques claessen - ebook

Eleven international publishing

35 years cisg and beyond - ebook (9789462744554)

Eleven international publishing

This book contains the presentations given at the conference 35 Years CISG and Beyond, hosted by the University of Basel, SVIR/SSDI (Swiss Association for International Law) and UNCITRAL on 29 and 30 January 2015. The Conference focused on open issues in regard to the CISG's application and on any possible further harmonization and unification of contract law. The following topics are covered: economic analysis of CISG; the decline of reservations; extending the CISG; CISG, state action and regionalisation; CISG and fair contract law. Speakers at the Conference included the world's leading scholars on the CISG and comparative law, among them the members and rapporteurs of the CISG Advisory Council. This book is of interest to practionersand academics in the field of CISG.

Codifications of late antiquity - j.h.a. lokin - ebook

Eleven international publishing

Application, adaptation and rejection - quintijn mauer - ebook (9789051899528)

Eleven international publishing

By the second century AD the Roman empire had grown into a vast multilingual and pluriform empire. Unlike in the Roman West, where the lingua franca was Latin, the inhabitants of the Roman East predominantly spoke Greek. From a legal perspective, these inhabitants of the Roman East lived in a legal culture not dominated by Roman law, but by norms from an Hellenistic legal culture. To resolve their legal controversies, these inhabitants of the Roman East, sometimes, asked advice from renowned jurists from the Roman West. Twenty-six cases of questions based on Greek documents from an Hellenistic legal culture can be seen in the Justinianic Digest. These cases were taken from three Roman jurists, namely Scaevola, Paul and Modestin. In this book, the legal strategies, which these three jurists used to come to an advice on cases from the Roman East, are examined. Did the jurists only apply Roman law or did they take the Hellenistic legal culture from which these cases originated into account? Furthermore, in this book the question is answered whether from these cases influences from Hellenistic legal cultures on Roman law can be demonstrated.

Violent encounters - marieke liem - ebook (9789051898835)

Eleven international publishing

This text was presented as inaugural speech, held on the occasion of accepting the chair of Social Resilience and Security with a study focus on Violence and Interventions at Leiden University on May 30, 2022.

Walking the tightrope - sietske dijkstra - ebook (9789400112346)

Eleven international publishing

The judge is the holder of a state office in the rule of law. At the same time s/he is an individual with opinions, convictions and preferences. When the judge speaks, it may not always be clear to the outside world who is talking: the state or the individual. An opinion expressed by a judge may also rub off on the judicial office and, vice versa, the power and authority of the judicial office may reflect on the judge's opinions, giving them special weight. It makes the judge's speech into a complicated subject. The democratic backsliding events in Europe, that have put pressure on judicial independence and individual freedom, have also made this a highly topical subject. Walking the Tightrope discusses the question where the limits of the freedom of the European judges lie to express their opinions. It includes a study of the case law of Article 10 of the European Convention of Human Rights, the soft law on the judiciary and judicial conduct, and a reflection from different ethical theories. This multiperspective approach has resulted in a comprehensive discussion that challenges readers to form their own opinions on the subject. This book is meant for judges, public prosecutors, scientists, policymakers and others who are interested in the judge and his or her rights and ethics.

Duties and responsibilities of the nomination committee - h.m. vletter-van dort - ebook (9789051899542)

Eleven international publishing

The duties and responsibilities of Supervisory Boards have evolved in recent years. This is especially true in the case of governance, with themes such as succession planning, talent reviews, diversity and inclusion becoming increasingly important. Because of this development, more emphasis is placed on the role of the Nomination Committee. However, it is unclear whether its position has evolved accordingly. To answer this question, the International Center for Financial Law & Governance (ICFG) of the Erasmus University Rotterdam, in cooperation with Spencer Stuart, conducted a study into the changing role of the Supervisory Board and Nomination Committee. The research is divided into four parts: (i) a legal framework, (ii) an analysis of annual reports over the year 2020, (iii) an online survey and (iv) ten in-depth interviews with supervisory and non-executive board members. The study ends with an overview of the conclusions, validated through each of the four parts, and several recommended tools which provide a starting point for discussions among board members to bring their own role regarding nomination to a higher level. The ICFG (International Center for Financial law & Governance) is the multidisciplinary research centre of the Erasmus School of Law in the field of financial law and governance. The ICFG'ss ambition is to bring together national and international academics, professionals and students in order to achieve a high-quality exchange of knowledge and experience in the field of financial law and governance at financial enterprises and other parties in the financial markets. The ICFG series contains publications that reflect the research activities of the ICFG and its researchers.

The democratisation of the european union - jaap hoeksma - ebook (9789400112209)

Eleven international publishing

The democratisation of the EU is a fascinating process with an unforeseen outcome: the European Union is emerging as a new kind of international organisation with an equally innovative model of governance. Seventy years after the start of European integration, this book reveals that the determination to lay the foundations for an ever closer union among the peoples of Europe has not led to the creation of a federal state or a confederal association of states. Instead, the EU has evolved over the decades from a union of democratic states to a European democracy. At present, the EU can be characterised as a 'democratic union of democratic states', while it may be regarded from the global perspective as a 'democratic regional organisation'. The outcome of the EU's drive towards ever closer union is as consequential for the study of public law and the humanities as the replacement of the Ptolemaic world vision with the heliocentric view of Copernicus and Galilei has been for science. For the first time since the start of the Early Modern Era, states have broken the vicious circle of war by pooling sovereignty. While the European states learned the hard way in the 20th century that their continent had become too small for absolute sovereignty, the superpowers of the 21st century should perceive the global dangers of climate change, pandemics and nuclear proliferation as warning signals that the world has become too small for unrestrained exercise of absolute sovereignty too.

Houses, homes and the law - ebook (9789460942235)

Eleven international publishing

This book is the result of the successful collaboration between two research networks: the Housing Law Working Group of the European Network for Housing Research (ENHR) and the TENLAW research network. It deals with evictions, their social background and regulation under procedural and human rights law; housing problems of indigenous and ethnic minorities and immigrants; the relationship between landlords, tenants and agents and the private rental sector; housing satisfaction and the instruments and models to measure it; and fi nally national instances of the European housing crises in Spain, Germany and Romania. The contributions in this volume will further enhance the understanding of housing law and rights, and provide useful materials for future comparative analysis. Houses, Homes and the Law is the third volume in the series that seeks to examine the many facets of housing law from a variety of academic and professional perspectives.

The law/politics distinction in contemporary public law adjudication - bogdan iancu - ebook (9789051891997)

Eleven international publishing

The contributions in this book address various issues pertaining to the judicialization of politics and politicization of justice. This theme lends itself to a number of approaches that are of the highest interest to contemporary public law. Methodological and theoretical diversity and the originality of the general conceptual approach are the major strengths of this book. In conceptual terms, the contributions do not assume a unitary definition of the phenomenon of politicization/judicialization, starting from the premise that such definitions are by necessity grossly oversimplifying and therefore of limited epistemological use. Due to its unique approach, this work is a distinctive and unique product compared to the existing literature on the subject.

Property law perspectives viii - ebook (9789400113312)

Eleven international publishing

This volume is the eighth instalment in the Property Law Perspectives Series. Produced by the Young Property Lawyers's Forum (www.yplf.net), a global network of early career property law scholars, this volume presents the carefully curated highlights of two consecutive conferences held virtually in 2021 and 2022. A broad range of property law topics are covered in this book within the three themes of `Property and Sustainability's, `Property and Society in Extraordinary Times's, and `Property Law for the Future's. The chapters have been submitted by talented young researchers from jurisdictions around the world including Italy, Peru, and South Africa, with each chapter providing an interesting analysis of an important aspect of property law. This book merits the attention of every student and academic interested in new developments in property scholarship, as well as of legal practitioners looking to place societal developments into a legal context.

Child-friendly justice in child custody and contact cases after parental separation - evelyn merckx - ebook

Eleven international publishing

In anticipation of a future period of incapacity - h.n. stelma-roorda - ebook

Eleven international publishing

The transfer of criminal proceedings in the european union - michael lindemann - ebook (9789400111639)

Eleven international publishing

A transfer of criminal proceedings may take place between a judicial authority from one Member State and a judicial authority in another Member State when it is in the interest of a proper administration of justice that a criminal offence is further investigated and prosecuted in the second Member State. There was a general feeling among experts on judicial cooperation in the Member States that the current practice of transferring criminal proceedings could and should be improved. Researchers from the Erasmus University Rotterdam, together with the Amsterdam Public Prosecution Office, Bielefeld University and the Belgian Federal Prosecution Office took the initiative to start a a research project on the Transfer of criminal proceedings in the EU (TROP). The project was funded by the European Commission. This report contains the conclusions of the TROP research project. It outlines the current practice of transferring criminal proceedings in the EU, it identifies the main challenges experienced by practitioners and describes possible solutions to those challenges. These solutions were tested in multiple discussions between practitioners, academics and policy makers. During the TROP research project, it became clear that the European Commission would propose a new legislative instrument on the transfer of criminal proceedings in the near future. In the report, we tried to anticipate the content of such a proposal and the discussion in the Council and in the European Parliament. To this end, we have formulated our proposals for improving the transfer of proceedings as building blocks for a possible EU-legal instrument.

Walking the extra mile - rosa groen - ebook (9789051896817)

Eleven international publishing

It is August 26, 2015. A crucial day during the Conference of State Parties in Cancún, Mexico. 67 of the 69 member states of the Arms Trade Treaty vote for a location of the new Secretariat. Three candidate host states and their cities are bidding: Austria (Vienna), Switzerland (Geneva), and Trinidad and Tobago (Port of Spain). In the first round, Port of Spain wins with 32 votes, Geneva gets 21, and Vienna drops out with 14 votes. The second round, Geneva gets 35, scooping up all of Vienna's votes, and wins. What did Switzerland and Geneva do right? What did the others do wrong - if anything? This book is about how governance networks in host cities attract International Organizations (IOs), and about how and why they fail or succeed. Scholars in the field of governance and public policy often agree that better policy alignment and cooperation in networks increase the chances of success. Yet, the findings of this study contradict this. Considering the interests of IOs proves to be more important than having matters 'in order' internally.

Of swords and shields: due process and crime control in times of globalization - - ebook

Eleven international publishing

Effective cross-border pension information in the face of multi-level legal systems - s.p.m. kramer - ebook

Eleven international publishing

Concurrence in european private law - ruben de graaff - ebook (9789054546849)

Eleven international publishing

In the multi-level legal order, it is not unusual for a legal relationship between private parties to be governed by multiple Union rules on, for instance, non-discrimination, free movement, competition and the internal market more broadly. Nor is it uncommon that, on the face of it, national private law creates rights and duties as well. In such situations of concurrence, the question that arises is whether the interested party may elect the rule of his choice. Is he entitled to choose the rule which appears to him to be the most advantageous? This book offers a scheme of analysis by which this question can be debated and solved. Inspired by the experiences gained from examining several national systems of private law, the book starts from the premise that each rule, however founded, should be realised to the greatest possible extent. In principle, the existence of one rule does not, therefore, affect the scope of application of another rule. The book demonstrates that this principle also runs through the texts adopted by the Union legislature and through the judgments delivered by the Court of Justice of the European Union. It makes a clear case that in situations of concurrence, the substance of the rules should be decisive, and not merely their formal relationship. This is a volume in the series of the Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University. This study is part of the Law School's research programme 'Coherent Private Law'.

Comparative constitutional justice - matteo nicolini, silvia bagni - ebook (9789089749192)

Eleven international publishing

Comparative Constitutional Justice adopts an innovative approach to constitutional justice. From a methodological perspective, it assumes that it is impossible to apply an absolute criterion of classification, which depends on the purposes comparative scholars aim to achieve when delivering their own taxonomies. A broad definition of constitutional justice is adopted, which revolves around the following taxonomy: 1) the legality of norms, 2) the conformity of actors' behaviours with the distribution of sovereign powers and 3) the compliance with international covenants on human rights. This tripartite classification complements a further criterion based on the graduation in the intensity of this review. This indeed ranges from a minimum scrutiny limited to legislation ('nomocratic review') to a maximum scrutiny encompassing all state activities ('pantocratic review'). The proposed classification will provide readers with a critical toolbox when it comes to examining the pluralism which characterises the systems of constitutional adjudication around the world.

Illegal waste management activity in the process of bunker fuel production - giulia giardi - ebook

Eleven international publishing