Remembering 1759

Remembering 1759
Author: Phillip Alfred Buckner
Publisher: University of Toronto Press
Total Pages: 329
Release: 2012-01-01
Genre: History
ISBN: 1442612517

This companion volume to Revisiting 1759 examines how the Conquest of Canada has been remembered, commemorated, interpreted, and reinterpreted by groups in Canada, France, Great Britain, the United States, and most of all, in Quebec. It focuses particularly on how the public memory of the Conquest has been used for a variety of cultural, political, and intellectual purposes. The essays contained in this volume investigate topics such as the legacy of 1759 in twentieth-century Quebec; the memorialization of General James Wolfe in a variety of national contexts; and the re-imagination of the Plains of Abraham as a tourist destination. Combined with Revisiting 1759, this collection provides readers with the most comprehensive, wide-ranging assessment to date of the lasting effects of the Conquest of Canada.

Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Liability for Transboundary Pollution at the Intersection of Public and Private International Law
Author: Guillaume Laganière
Publisher: Bloomsbury Publishing
Total Pages: 312
Release: 2022-02-24
Genre: Law
ISBN: 1509951172

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

Control of Price Related Terms in Standard Form Contracts

Control of Price Related Terms in Standard Form Contracts
Author: Yeşim M. Atamer
Publisher: Springer Nature
Total Pages: 772
Release: 2019-11-19
Genre: Law
ISBN: 3030230570

This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).