Finnish National Reports To The Xvth Congress Of The International Academy Of Comparative Law Bristol 1998
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Public Liability in EU Law
| Author | : Pekka Aalto |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 278 |
| Release | : 2011-11-01 |
| Genre | : Law |
| ISBN | : 1847318452 |
Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.
The Uniform Interpretation of the UN Sales Convention (CISG)
| Author | : Jie Luo |
| Publisher | : Springer Nature |
| Total Pages | : 148 |
| Release | : 2023-12-12 |
| Genre | : Law |
| ISBN | : 9819978440 |
The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods. This book examines the basic requirements and criteria of the CISG’s interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches. As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG. Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation. Only by clarifying the basic requirements and principles relating to the CISG’s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.
Shareholder Voting Rights and Practices in Europe and the United States
| Author | : E. Wymeersch |
| Publisher | : Springer |
| Total Pages | : 438 |
| Release | : 1999-12-13 |
| Genre | : Business & Economics |
| ISBN | : 9789041197504 |
This book provides detailed analysis of the rules and practices in 16 European jurisdictions and the United States, covering issues such as convening the general meeting, depositing and blocking of shares, participation rights, setting of the agenda, voting rights and proxy rules.
Shareholder Voting Rights and Practices in Europe and the United States
| Author | : Theodor Baums |
| Publisher | : Springer |
| Total Pages | : 440 |
| Release | : 1999-12-13 |
| Genre | : Business & Economics |
| ISBN | : |
With the increasing interest of foreign investors, particularly institutional investors, in European companies, there is a growing need for information on the different regimes affecting the legal status of shareholders. Investors need to be aware of the rights and privileges of shareholders in various jurisdictions in order to participate effectively in companies' voting and decision-making processes. This book provides detailed analysis of the rules and practices in sixteen European jurisdictions and the United States, covering issues such as convening the general meeting, depositing and blocking of shares, participation rights, setting of the agenda, voting rights and proxy rules. The authors also aim to make companies aware of practices which may hamper effective shareholder participation and, in comparing the different rules and practices, to identify areas where further harmonisation might be undertaken within the European Community framework. The papers collected here are the result of a conference organised by Professor Theodor Baums, of the University of Osnabrück and Professor Eddy Wymeersch, of the University of Ghent.
The British National Bibliography
| Author | : Arthur James Wells |
| Publisher | : |
| Total Pages | : 1270 |
| Release | : 2000 |
| Genre | : English literature |
| ISBN | : |
Women, Business and the Law 2021
| Author | : World Bank |
| Publisher | : World Bank Publications |
| Total Pages | : 381 |
| Release | : 2021-04-05 |
| Genre | : Law |
| ISBN | : 1464816530 |
Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.
Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 479 |
| Release | : 2013-11-12 |
| Genre | : Social Science |
| ISBN | : 0309286581 |
Every day in the United States, children and adolescents are victims of commercial sexual exploitation and sex trafficking. Despite the serious and long-term consequences for victims as well as their families, communities, and society, efforts to prevent, identify, and respond to these crimes are largely under supported, inefficient, uncoordinated, and unevaluated. Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States examines commercial sexual exploitation and sex trafficking of U.S. citizens and lawful permanent residents of the United States under age 18. According to this report, efforts to prevent, identify, and respond to these crimes require better collaborative approaches that build upon the capabilities of people and entities from a range of sectors. In addition, such efforts need to confront demand and the individuals who commit and benefit from these crimes. The report recommends increased awareness and understanding, strengthening of the law's response, strengthening of research to advance understanding and to support the development of prevention and intervention strategies, support for multi-sector and interagency collaboration, and creation of a digital information-sharing platform. A nation that is unaware of these problems or disengaged from solutions unwittingly contributes to the ongoing abuse of minors. If acted upon in a coordinated and comprehensive manner, the recommendations of Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States can help advance and strengthen the nation's emerging efforts to prevent, identify, and respond to commercial sexual exploitation and sex trafficking of minors in the United States.
