American Law Yearbook 2004
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The Recovery of Non-Pecuniary Loss in European Contract Law
Author | : Vernon V. Palmer |
Publisher | : Cambridge University Press |
Total Pages | : 535 |
Release | : 2015-07-02 |
Genre | : Law |
ISBN | : 1316300684 |
This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.
The Legitimate Use of Military Force
Author | : Howard M. Hensel |
Publisher | : Routledge |
Total Pages | : 309 |
Release | : 2016-03-03 |
Genre | : Political Science |
ISBN | : 1317025873 |
Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies.
The Normative Position of International Non-Governmental Organizations under International Law
Author | : Rephael Harel Ben-Ari |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 406 |
Release | : 2012-05-07 |
Genre | : Law |
ISBN | : 9004229221 |
Exploring contemporary juridical theories regarding the normative position of INGOs vis-à-vis the subjects of international law, this book engages in a thorough contextual-historical and interdisciplinary evaluation of the potential to generate solutions for the exercise of unregulated authority outside the state-system.
Does EU Merger Control Discriminate against Small Market Companies?
Author | : Mika Oinonen |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 450 |
Release | : 2010-07-20 |
Genre | : Law |
ISBN | : 9041142355 |
Although the question posed by the title of this book has generated considerable debate, the essential issue remains open and largely blurred. While some believe that there is no so-called ‘small market problem’, others discern discrimination against small market companies (i.e., companies with a strong position in their home markets but a modest position in the European and global markets) and a consequent need for changes in competition law. The author of this enormously helpful work here sets the stage for meaningful discussion by analysing the EC Merger Regulation’s objectives, economic foundations, and application practice to present a reasoned view of the issues that can be considered relevant for such a discussion. Considering their effect on the ’small market problem’, the author scrutinizes such factors as the following: the Commission’s methodology for delineating relevant markets in merger assessments; unnecessary prohibition caused by overestimation of the market power of small market mergers; erroneous approval of cases that should actually be prohibited; impact of the so-called ‘Harvard’ and ‘Chicago’ schools of competition theory and their key policy implications; process-related alternative views of competition and new synthesizing approaches; relevant criteria for a proper analysis of market power; concentration measures and market shares; barriers to entry; price and profitability analyses; and product definition v. geographic definition of markets. In a final chapter, the author presents some tentative conclusions, normative in nature, concerning the problem and the relevant issues relating to it. As the first in-depth analysis of the issues that are actually involved – with its particular diagnosis of the assessment of market power in considering the relevant issues for the problem – this study brings into salience the terms of the debate on the ‘problem’, and thus takes a giant step forward towards defining what needs to be done. Competition lawyers, policymakers, and academics in Europe and elsewhere will find the discussion of great value.
Comparative Law Yearbook of International Business Cumulative Index
Author | : Dennis Campbell, 1939- |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 810 |
Release | : 2006-11-27 |
Genre | : Law |
ISBN | : 9041125701 |
This publication is an index of all articles published in the yearbook from its first year, 1977, to 2004.
Populist Authoritarianism
Author | : Wenfang Tang |
Publisher | : Oxford University Press |
Total Pages | : 235 |
Release | : 2016 |
Genre | : Political Science |
ISBN | : 0190205792 |
Populist Authoritarianism attempts to explain why protests and regime support coexist in China. It proposes a theoretical framework of Populist Authoritarianism as the explanation of regime sustainability. The book draws empirical evidence from multiple public opinion surveys conducted from 1987 to 2014.