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Law
E. Dieth, Bonaduz, Switzerland

Law
R. Bin, University of Ferrara, Italy; S. Lorenzon, University of Ferrara, Italy; N. Lucchi, University of Ferrara, Italy (Eds.)

D. Wright, Trilateral Research & Consulting, London, UK; P. de Hert, Vrije Universiteit Brussel, Belgium (Eds.)

Integration by Cooperation
A Constructivist Social Theory and a Theory of the State and the Law

Privacy Impact Assessment

Virtually all organisations collect, use, process and share personal data from their employees, customers and/or citizens. In doing so, they may be exposing themselves to risks, from threats and vulnerabilities, of that data being breached or compromised by negligent or wayward employees, hackers, the police, intelligence agencies or third-party service providers. A recent study by the Ponemon Institute found that 70 per cent of organisations surveyed had suffered a data breach in the previous year. Privacy impact assessment is a tool, a process, a methodology to identify, assess, mitigate or avoid privacy risks and, in collaboration with stakeholders, to identify solutions. Contributors to this book privacy commissioners, academics, consultants, practitioners, industry representatives are among the worlds leading PIA experts. They share their experience and offer their insights to the reader in the policy and practice of PIA in Australia, Canada, New Zealand, the United Kingdom, the United[..] Features Virtually all organisations collect, use, process and share personal data from their employees, customers and/or citizens. In doing so, they may be exposing themselves to risks, from threats and vulnerabilities, of that data being breached or compromised by negligent or wayward employees, hackers, the police, intelligence agencies or third-party service providers. A recent study by the Ponemon Institute found [..] Contents Foreword by Gary Marx.- Part 1 Setting the Scene.-1 Introduction to privacy impact assessment; David Wright and Paul de Hert.-2 A human rights perspective on privacy and data protection impact assessments; Paul de Hert.-3 (Regulatory) impact assessment and better regulation; David Parker.-4 Prior checking, a forerunner to privacy impact assessments; Gwendal Le Grand and Emilie Barrau.-Part 2 Five Countries Lead the Way.- 5 PIAs in Australia: A work-in-progress report; Roger Clarke.-6 Privacy impact assessment Great potential not often realised; Nigel Waters.-7 [..] Fields of interest Constitutional Law; Political Science, general; Public Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XXVIII, 523 p. 21 illus., 19 in color. (Law, Governance and Technology Series, Vol. 6) Hardcover 139,95 ISBN 978-94-007-2542-3

Biotech Innovations and Fundamental Rights

Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions to biotechnology innovations and research results have to be assessed. The legal regulation of scientific research and scientific investigations impact more and more directly on the freedom of research and therapies as well as on the broad diffusion of knowledge. Closely related is also the debated question of the technological manipulation of life and the boundary of scientific knowledge with regard to the topical question of genetic invention patents and their side effects on access to scientific information and health care opportunities.Drawing on expertise from different disciplines, the volume[..] Features Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions [..] Fields of interest Constitutional Law; Human Genetics; Biochemistry Target groups Research Type of publication Proceedings Online orders shipping within 2-3 days. 2012. X, 290 p. Hardcover 99,95 ISBN 978-88-470-2031-3

The last thirty years were lost years. The neoliberal revolution and its economic absolutism have led to injustice and to a loss of freedom. Every realm of life has become subordinated to economic criteria as the competitive homo oeconomicus has been made the exclusive concept of humankind. This book proposes an alternative thats based on cooperation. To overcome the supremacy of the economy, with its isolated individuals who lack solidarity, a new social theory is developed, one thats grounded on an interactive understanding of freedom and enriched by solidarity, responsibility, and justice. It is a constructivist approach that makes us responsible for the reality we live in and invites us to rethink the way individual and collective identities are created in order to prevent violence in its direct, structural, or cultural form. Using historical and current examples, the thesis discusses the advantages of a cooperative social structure and the integrative roles the law and the state can play. Features The last thirty years were lost years. The neoliberal revolution and its economic absolutism have led to injustice and to a loss of freedom. Every realm of life has become subordinated to economic criteria as the competitive homo oeconomicus has been made the exclusive concept of humankind. This book proposes an alternative thats based on cooperation. To overcome the supremacy of the economy, with its [..] Contents A. Introduction.- B. Social construction of reality.1. Different worlds.- 2. Value-based reality.- C. Concept of humankind and community.- 1. Neo homo oeconomicus selfish individualism.- 2. Homo interactivus interdependent individuals.- D. Integration process.- 1. Consensus.- 2. Construction phases and integration modes.- 3. Integration quality.- 4. Fragile stability.- 5. Collective identity.6. Value-based constructivism.- E. Integration elements.- 1. Basic values.- 2. Recognition.- 3. Respect.- 4. Reciprocity.- 5. Trust.- 6. Decisionmaking process.- 7. People Space.- 8.[..] Fields of interest Constitutional Law; Public International Law; Social Sciences (general); Political Science, general Target groups Professional/practitioner Type of publication Handbook Online orders shipping within 2-3 days. 2012. VIII, 497 p. 26 illus. Softcover 99,95 ISBN 978-3-211-99415-3

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. Sevdiren, Istanbul, Turkey F.J. Bex, University of Dundee, UK

Law

M. Pieth, University of Basel, Switzerland; R. Ivory, University of Basel, Switzerland (Eds.)

Alternatives to Imprisonment in England and Wales, Germany and Turkey

A Comparative Study

Arguments, Stories and Criminal Evidence

A Formal Hybrid Theory

Corporate Criminal Liability

Emergence, Convergence, and Risk

The book focuses on one of the most problematic areas of Turkish penal justice: the overreliance on custodial measures and a corresponding growth in the prison population, and compares Turkey with twomajor European countries in this respect: England and Wales and Germany. The underlying question throughout the study is the extent to which prison alternatives can be seen as genuine alternatives to immediate custodial sentences. Features The book focuses on one of the most problematic areas of Turkish penal justice: the overreliance on custodial measures and a corresponding growth in the prison population, and compares Turkey with twomajor European countries in this respect: England and Wales and Germany. The underlying question throughout the study is the extent to which prison alternatives can be seen as genuine alternatives to immediate [..] Contents 1 Introduction.- 2 Some Reflections on the History and Development of Alternatives to Prison.3 Alternatives to Imprisonment in England: Destined to Fall?.- 4 Alternatives to Imprisonment in Germany: Less is More?.-5 Alternatives to Imprisonment in Turkey: A "Schattendasein"?.-6 Summary and Conclusions.- References. Fields of interest Criminal Law; Private International Law, International & Foreign Law, Comparative Law; Criminology & Criminal Justice Target groups Graduate Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XV, 282 p. 17 illus. Hardcover 99,95 ISBN 978-3-642-17350-9

In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence. Features In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are [..] Contents Preface.- Chapter 1. Introduction.- Chapter 2. Reasoning with criminal evidence.- Chapter 3. Two approaches to reasoning with evidence: arguments and stories.- Chapter 4. A hybrid theory of stories and arguments.- Chapter 5. A formal logical hybrid theory of argumentation and explanation.- Chapter 6. Case study: Murder in Anjum.- Chapter 7. Related research on reasoning with criminal evidence.Chapter 8. Conclusions. References.- Index. Fields of interest Criminal Law; Psychology and Law; Philosophy of Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. X, 292 p. 109 illus. (Law and Philosophy Library, Vol. 92) Hardcover 99,95 ISBN 978-94-007-0139-7

With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who think and act through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of corporate culture, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble. Features With industrialization and globalization, corporations acquired the capacity to influence societies for better or worse. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons who think and act through human beings. The expansion of new corporate criminal liability (CCL) laws since the [..] Contents Preface.- Table of Contents.- List of Abbreviations.Part I The Analytical Framework.- Emergence and Convergence: Corporate Criminal Liability Principles in Overview; Mark Pieth and Radha Ivory.- Part II Country Reports.- Corporate Criminal Liability in the United States: Is a New Approach Warranted?; Ved P. Nanda.- Corporate Criminal Liability in England and Wales: Past, Present, and Future; Celia Wells.- Corporate Criminal Liability in Scotland: The Problems with a Piecemeal Approach; Findlay Stark.- Corporate Criminal Liability in France; Katrin Deckert.- Corporate Criminal Liability[..] Fields of interest Criminal Law; Law and Economics; Private International Law, International & Foreign Law, Comparative Law; Theories of Law, Philosophy of Law, Legal History Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XV, 395 p. (Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 9) Hardcover 99,95 ISBN 978-94-007-0673-6

Law
X.E. Kramer, Erasmus University Rotterdam, The Netherlands; C.H. van Rhee, Maastricht University, The Netherlands (Eds.)

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C. Antonopoulos, Democritus University of Thrace, Greece

K. Cornelius, LL.M., University of Heidelberg, Germany; D. Hermann, University of Heidelberg, Germany (Eds.)

Virtual Worlds and Criminality

The fusion between virtuality and reality has created a new quality of experience establishing metaverses and virtual worlds. Second Life, Twinity, Entropia Universe or Fregger have experienced rapid growth in recent years and show no signs of slowing down. Not only have countless companies discovered these virtureal worlds as marketplaces, but so have fraudsters and other criminals. In this book, European experts from different academic disciplines show how to meet the new challenges arising from virtual worlds. They discuss the reasons for and the impacts of these new forms of criminality as well as the necessity and means of combating them. Moreover, other fundamental issues are examined, such as the addictive potential of virtualworld use, media violence, and conflict resolution problems arising in the context of virtual worlds. Features The fusion between virtuality and reality has created a new quality of experience establishing metaverses and virtual worlds. Second Life, Twinity, Entropia Universe or Fregger have experienced rapid growth in recent years and show no signs of slowing down. Not only have countless companies discovered these virtureal worlds as marketplaces, but so have fraudsters and other criminals. In this book, [..] Contents Christoph Klimmt, Virtual Worlds as a Regulatory Challenge: A User Perspective.-Christian Laue, Crime Potential of Metaverses.-Tilo Hartmann, Is Virtual Violence a Morally Problematic Behavior?.-Dieter Hermann, Media Violence and Criminality.-Bert Theodor te Wildt, Internet dependency-symptoms, diagnosis and therapy.-Arno R. Lodder, Conflict resolutions in virtual worlds: General characteristics and the 2009 Dutch convictions on virtual theft.-Kai Cornelius, Responsibility under Criminal Law in Virtual Worlds. Fields of interest Criminal Law; Criminology & Criminal Justice; Cognitive Psychology; Communication Studies; European Law; Dispute Resolution, Mediation, Arbitration Target groups Research Type of publication Proceedings Usually dispatched within 3 to 5 business days. 2011. IX, 124 p. 7 illus. Hardcover 89,95 ISBN 978-3-642-20822-5

Civil Litigation in a Globalising World

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight[..] Features This book is an important contribution to the discussion about globalisation of civil procedure. Globalisation of legal matters and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may jeopardise access to justice. As a result, the debate on the need for the [..] Contents Civil litigation in a globalising world an introduction.- Fundamental principles of civil procedure: order out of chaos.- Harmonisation of civil procedure: a historical and comparative perspective.- A Law and Economics view on harmonisation of procedural law.- Harmonisation of civil procedure policy perspectives.Harmonisation of civil procedure and the interaction with private international law.- Harmonisation of civil procedure and the interaction with substantive private law.- Procedural harmonisation in a European context.- Harmonised civil procedure in a world of structural[..] Fields of interest Dispute Resolution, Mediation, Arbitration; Private International Law, International & Foreign Law, Comparative Law; Fundamentals of Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. IX, 387 p. 2 illus. Hardcover 99,95 ISBN 978-90-6704-816-3

Counterclaims before the International Court of Justice

Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitigate the effects of the original suit and help to resolve disputes between States that have more than one aspect. In recent years, counterclaims have been frequently presented at the International Court of Justice (ICJ). This book examines the counterclaims presented at the ICJ and at its predecessor, the Permanent Court of International Justice (PCIJ), during its 65 years of existence. It is the first study that focuses exclusively on the subject of counterclaims. It analyses the evolution of the germane provisions in the PCIJ and ICJ Rules of Procedure and the practice of the Court, especially in light of the relevant case-law of the ICJ. A useful source for academics and practitioners in International law. Features Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitigate the effects of the original suit and help to resolve disputes between States that have more than one aspect. In recent years, counterclaims have been frequently presented at the International Court of Justice (ICJ). This book examines the [..] Contents 1. Introduction.- 2. The Concept of Counterclaims in International Litigation.- 3. Counterclaims before the ICJ: Evolution and Definition.- 4. Admissibility of Counterclaims.- 5. Procedure.- 6. Conclusions. Fields of interest Dispute Resolution, Mediation, Arbitration Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XII, 177 p. Hardcover 89,95 ISBN 978-90-6704-789-0

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R. Kiser, DecisionSet, Palo Alto, USA E. Szyszczak, University of Leicester, Leicester, UK; J. Davies, University of Northampton, Northampton, UK; M. Andens, University of Oslo, Oslo, Norway; T. Bekkedal, University of Oslo, Oslo, Norway (Eds.) P.J. Cardwell, University of Sheffield, UK (Ed.)

Law

How Leading Lawyers Think

Expert Insights Into Judgment and Advocacy

In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pretrial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors perspectives, develop persuasive themes and arguments and achieve exceptional results for clients. Features In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. [..] Contents Introduction.- Part I Roles and Responsibilities.Part II Frameworks and Connections.- Part III Feelings and Traits.- Part IV Techniques and Strategies.- Part V Learning and Advice.Conclusion. Fields of interest Dispute Resolution, Mediation, Arbitration; Private International Law, International & Foreign Law, Comparative Law; Civil Procedure Law; Civil Law; Psychology and Law; Management/Business for Professionals Target groups Professional/practitioner Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XII, 281 p. Hardcover 79,95 ISBN 978-3-642-20483-8

Developments in Services of General Interest

This is the third book in the series Legal Issues of Services of General Interest. The book focuses upon a set of research questions on the recent developments in the emergence of services of general interest (SGIs) as a distinct EU concept. This includes, inter alia, the emergence of universal service obligations and the way they are regulated in the EU in primary and secondary law, the range of soft law communications adopted by the Commission to create a distinctive EU concept of SGIs, the residual role of hard law in the Treaty on the Functioning of the European Union (TFEU), the special problems created by Social Services of General Economic Interest and the interaction of procurement and state aid law with SGIs. A new perspective is offered in this book: some of the issues faced by the EU in accommodating SGIs into a regulatory framework are found also in the policy of the WTO and in least developed countries (LDCs). Features No back cover text Contents Introduction: Why do public services challenge the European Union?Part I: Background IssuesFrom Rome to Lisbon: SGIs in primary lawThe Commissions soft law in the area of Services of General Economic InterestArticle 106 TFEU is dead Long live Article 106 TFEU!The definition of a contract under Article 106 TFEUPart II: New Legal IssuesSocial Services of General Interest and EU Law Universal Service Obligations: Fulfilling New Generations Of Services of General Economic InterestPublic Service Obligations protection of public service values in a national and European contextPart III:[..] Fields of interest European Law Target groups Professional/practitioner Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XVIII, 266 p. (Legal Issues of Services of General Interest) Hardcover 79,95 ISBN 978-90-6704-733-3

EU External Relations Law and Policy in the Post-Lisbon Era

This is a collection of works which considers the many different facets of the EUs increasingly important engagement with the world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the pillar structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the postLisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of internal[..] Features EU External Relations Law and Policy in the PostLisbon Era is a collection of works which considers the many different facets of the EUs increasingly important engagement with the world beyond its borders. The Treaty of Lisbon, which came into effect in December 2009, made significant changes to the powers and competences endowed on the EU institutions. The contributions to this collection consider [..] Fields of interest European Law; International Relations Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XX, 433 p. 2 illus. Hardcover 139,95 ISBN 978-90-6704-822-4

Law
J.W. van de Gronden, Radboud University Nijmegen, The Netherlands; E. Szyszczak, University of Leicester, UK; U. Neergaard, University of Copenhagen, Denmark; M. Krajewski, University of Erlangen-Nuremberg, Germany (Eds.) F. Boehm, University of Luxembourg

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E. Chiti, Universit degli Studi della Tuscia, Viterbo, Italy; B.G. Mattarella, Universit di Siena and Scuola superiore della pubblica amministrazione, Roma, Italy (Eds.)

Global Administrative Law and EU Administrative Law

Relationships, Legal Issues and Comparison

Health Care and EU Law

The aim of the present volume is to explore the consequences of the impact of the EU rules for the internal market (including the proposed Directive on patients rights) and competition on national health care systems. It will also address how related areas, such as EU public procurement law and WTO law, influence national healthcare organisation and Member State autonomy. Features The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and [..] Contents IntroductionPart I: FoundationsEU Health Care Law in a Constitutional Light: Distribution of Competences, Notions of Solidarity, and Social EuropeDiscrimination and BeyondPart II: The (Draft) Patients Rights Directive and Internal Market IssuesThe Case Law of the European Court of Justice on the Mobility of Patients: A Defence Patients Rights: A Lost Cause or Missed Opportunity?The Draft Patient Mobility Directive and the Co-ordination Regulations of Social SecurityCooperation between Health Care Authorities in the Proposed Directive on Patients Rights in Cross-border Health[..] Fields of interest European Law; Public Health Target groups Professional/practitioner Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XXI, 505 p. (Legal Issues of Services of General Interest) Hardcover 109,95 ISBN 978-90-6704-727-2

Information Sharing and Data Protection in the Area of Freedom, Security and Justice
Towards Harmonised Data Protection Principles for Information Exchange at EU-level

This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement. Features This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense [..] Contents Introduction.- A. Cross-Section Analysis: Comparative Inquiries.- Exchanges of Legal Principles.- Developing Linkages and Networks.B. Sectoral Analysis: Parallel Regimes.- Converging Harmonizations.- Cross Implementations. Fields of interest European Law; Public International Law; Administrative Law; Private International Law, International & Foreign Law, Comparative Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XIII, 409 p. Hardcover 139,95 ISBN 978-3-642-20263-6

Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field. Features Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access [..] Contents Introduction.- Data Protection Standard in the AFSJ.- AFSJ Actors in the Light of the European Data Protection Standard.- Cooperation and Data Exchange of the AFSJ Actors and Their Compliance with the European Data Protection Standard.Perspectives and Suggestions for Improvement.Concluding Remarks. Fields of interest European Law; Public International Law; International Criminal Law; Constitutional Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XII, 467 p. 1 illus. Hardcover 169,95 ISBN 978-3-642-22391-4

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H. de Waele, Radboud University Nijmegen and University of Antwerp, The Netherlands L. Nistor, European Commission, Brussels, Belgium

Law

H.-J. Blanke, University of Erfurt, Erfurt, Germany; S. Mangiameli, National Research Council, Rome, Italy (Eds.)

Layered Global Player

Legal Dynamics of EU External Relations

Public Services and the European Union

Healthcare, Health Insurance and Education Services

The European Union after Lisbon

Constitutional Basis, Economic Order and External Action

Layered Global Player offers a concise but thorough overview of the principles of EU external relations law. By closely examining the role of the European Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting the legal developments in their historical and political context. The book contains up-to-date analyses of topics such as the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EUs external powers with regard to the environment, fundamental human rights and development cooperation. It also includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. Overall, this book couples an innovative design with comprehensive coverage and an engaging style of writing. Its compactness and accessibility[..] Features Layered Global Player offers a concise but thorough overview of the principles of EU external relations law. By closely examining the role of the European Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting the legal developments in their historical and political context. The book contains up-to-date analyses of topics such as the Common [..] Contents Chapter 1: Introducing the layered global player.Part I Legal dynamics in the outer Layer: Chapter 2: The common foreign and security policy.- Chapter 3: The common security and defence policy.- Part II Legal dynamics of the middle layers: Chapter 4: The common commercial policy.- Chapter 5: The external environmental policy.- Chapter 6: The external human rights policy.- Chapter 7: The development cooperation and humanitarian aid policy.- Part III Legal dynamics in the inner layer: Chapter 8: Special relationships in the European neighbourhood and beyond.- Chapter 9: The EU, the[..] Fields of interest European Law; Public International Law; Sources and Subjects of International Law, International Organizations; International Relations Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XV, 171 p. Hardcover 69,95 ISBN 978-3-642-20603-0

Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of[..] Features Patients travelling abroad to receive medical treatment, healthcare providers wishing to establish their seat or to provide services abroad, and students travelling abroad for education were faced with different barriers which have been declared illegal by the Court of Justice of the European Union. Member States started to use market mechanisms in their welfare systems and this triggered the application of [..] Contents Introduction.- The organisation of welfare.- The reach of internal market rules.- The application of the rules on competition.- Positive and soft law. Fields of interest European Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XIII, 445 p. (Legal Issues of Services of General Interest) Hardcover 109,95 ISBN 978-90-6704-804-0

The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force. Features The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member [..] Contents From the contents: Constitutional Basic.- The Economic and Monetary Constitution of the Union.- The Common Foreign and Security Policy. Fields of interest European Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XIX, 582 p. Hardcover 99,95 ISBN 978-3-642-19506-8

Law
N.A. Baarsma, Groningen, The Netherlands

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F.A.N.J. Goudappel, Erasmus University Rotterdam, The Netherlands; H.S. Raulus, Erasmus University Rotterdam, The Netherlands (Eds.)

F. Murray, Brussels, Belgium

The European Union and Member State Territories: A New Legal Framework Under the EU Treaties
The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. Useful for EU Law departments and Research Centres, EU Think Tanks, EU Institutions Libraries, Permanent Representatives to the EU and law firms specializing in EU law. Features The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into [..] Contents General introduction.- General introduction to original Art 227 TEC.- Art 227(1): territorial scope of the TEC.- Art 227(2): Algeria, French DOMs.Art 227(3): Overseas Countries and Territories (OCTs).- Art 227(4) European Member State Territories for whose external relations a Member State is responsible.- General introduction to Art 299 TEC.- Art 299(1): territorial Scope of the TEC (as compared with 1957 version).- Article 299 (2): the Outermost Regions.- Article 299 (3): Overseas Countries and Territories.- Article 299(4): European Member State territories for whose external[..] Fields of interest European Law; Public International Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XX, 285 p. Hardcover 99,95 ISBN 978-90-6704-825-5

The Europeanisation of International Family Law

Choice of law determines which national legal system applies to an international case. Currently many choice of law rules in the field of family law are regulated by national law. However, these national rules of the EU Member States are more and more displaced by common European rules. This book describes the changes brought by the Europeanisation of the choice of law on divorce. From the conclusions drawn in the field of divorce the concluding chapter discusses the changes of Europeanisation of international family law in a broader perspective. Features International family law is an area that is predominantly regulated by national law. Currently the national choice of law rules of the EU Member States are more and more displaced by common European rules, which will entail considerable changes.In this book, the nature and reasons of the changes brought about by the transition from a national to a supranational choice of law approach are discussed in [..] Contents Introduction.- The Dutch choice of law rules on divorce.- The Dutch choice of law rules on the termination of registered partnerships.- The Europeanisation of international family law: the EU legislatures competence.- The proposed European choice of law rules on divorce.- The failure of the establishment of a common European choice of law on divorce.- The Dutch and the European choice of law rules on divorce compared.- A unified system of international family law in the European Union: which way forward? Fields of interest European Law; Private International Law, International & Foreign Law, Comparative Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XV, 341 p. Hardcover 99,95 ISBN 978-90-6704-742-5

The Future of Asylum in the European Union

Problems, proposals and human rights

This book is based on a conference on the future of the European asylum policy at Erasmus School of Law in Rotterdam, the Netherlands. After a challenge set by the Dutch State Secretary for Justice, Ms Nebahat Albayrak, the contributions to this book focus on human rights aspects of the European asylum policy and the way the EU Member States need to cooperate in the future in order to reach results. The authors are scholars, policy makers and representatives of NGOs. In this way, many different aspects of the problems are put forward. In the introduction and the conclusion the editors evaluate the results of this broad cooperation. Valuable for academics, practitioners, policymakers and NGOs involved with European asylum policy issues. Features The position and treatment of asylum seekers has been at the centre of attention in most of the Member States of the EU in recent years. These Member States have decided to cooperate more and more on asylum issues. However, this leads to questions concerning the human rights protection of asylum seekers as a result of EU decisions, both at the moment they apply for asylum at the border and during the [..] Contents Introduction The future of asylum in the European Union: Proposals, problems and interaction with international human rights standards.Conference on recent developments in European and international asylum policy and law.- Border control: not a transparent reality.- The EU Qualification Directive and Refugees sur Place.- The Goals of the Common European Asylum System.Mutual recognition in European Immigration Policy: Harmonised Protection or Co-ordinated Exclusion? A few Remarks to Evaluate the Dublin System and the Asylum Acquis.- Conditions and Criteria for Determining Asylum.-[..] Fields of interest European Law; Human Rights Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. X, 216 p. Hardcover 89,95 ISBN 978-90-6704-801-9

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U. Stelkens, German University of Administrative Sciences, Speyer, Germany; W. Wei, German University of Administrative Sciences, Speyer, Germany; M. Mirschberger, Hoechstadt, Germany (Eds.) F.M. Ndahinda, Tilburg University, The Netherlands R. Otto, Gttingen, Germany

Law

Indigenousness in Africa
A Contested Legal Framework for Empowerment of 'Marginalized' Communities

The Implementation of the EU Services Directive

Transposition, Problems and Strategies

Targeted Killings and International Law

With Special Regard to Human Rights and International Humanitarian Law

The Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts, as well as to the general public. This book analyses in detail the different steps taken by each of the 27 EU Member States in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that were originally nationally dominated, such as the law of national administration. Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the[..] Features The EU Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts in governments, trade and industry, as well as to the general public. This book analyses in detail the different steps taken by each of 26 EU Member States (all but Greece) in the implementation process of the Services Directive. It provides not only [..] Contents General Comparative Report on the Research Project The Implementation of the Services Directive in the EU Member States of the German Research Institute for Public Administration Speyer.The Implementation of the Services Directive in Austria.- The Implementation of the Services Directive in Belgium.- The Implementation of the Services Directive in the Republic of Bulgaria.- The Implementation of the Services Directive in Cyprus.The Implementation of the Services Directive in the Czech Republic.- The Implementation of the Services Directive in Denmark.- The Implementation of the[..] Fields of interest European Law; Administrative Law; Law and Economics; European Integration; Public International Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XI, 665 p. Hardcover 169,95 ISBN 978-90-6704-839-2

Following the internationalisation of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have adopted indigenousness in claiming special legal protection. Their legal claims as the indigenous peoples of Africa are backed by many international actors such as indigenous rights activists, donors and scholars. However, indigenous identification is resisted by many African governments, some community members and some anthropologists. Felix Mukwiza Ndahinda explores the sources of indigenous identification in Africa and its legal and political implications. Noting the limitations of systematic and discursive, as opposed to activist, studies, it questions the appropriateness of this framework in efforts aimed at empowering claimant communities in inherently multiethnic African countries and adopts an interdisciplinary approach in order to capture the indigenous rights phenomenon in Africa. Features Following the internationalisation of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have adopted indigenousness in claiming special legal protection. Their legal claims as the indigenous peoples of Africa are backed by many international actors such as indigenous rights activists, donors and scholars. However, indigenous identification is [..] Contents 1. Introduction: indigenous identity in AfricaPart I. Indigenous Claims in Africa under Global Perspective2. Overview of narratives on indigenousness;3. Contextual application of indigenousness in AfricaPart II. International and Regional Legal Position of Claimant African Indigenous Peoples4. International legal framework and indigenous claims in Africa5. Indigenous claims and rights under African regional institutionsPart III. Indigenousness in Africa under selected cases6. Twa marginality and indigenousness in Rwanda7. Indigenization of pastoralist Maasai in KenyaPart IV. Empowerment[..] Fields of interest Human Rights Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XXII, 393 p. Hardcover 99,95 ISBN 978-90-6704-333-5

Existing international law is capable to govern the war on terror also in the aftermath of September 11, 2001. The standards generally applicable to targeted killings are those of human rights law. Force may be used in order to address immediate threats, preventive killings are permitted under strict preconditions but targeted killings are prohibited. In the context of armed conflicts, these standards are complemented by international humanitarian law as lex specialis. Civilians may only be targeted while directly taking part in hostilities and posing a threat to the adversary. Also in Israel and the Occupied Territory, these standards apply. Contrary to the Israeli Supreme Courts view, international humanitarian law is not complemented by human rights law, but human rights law is to some degree complemented by international humanitarian law. According to these standards, many killings which would be legal according to the Israeli Supreme Court violate international law. Features . Contents Introduction.- Human Rights.- International Humanitarian Law.- No Additional Justifications or Excuses.- The Applicability of the Relevant International Law.- Consequences of the Aforementioned for the Situation in Israel.Conclusion: Targeted Killings and International Law.- Bibliography / Index of Authorities. Fields of interest International Criminal Law; International Humanitarian Law, Law of Armed Conflict; Human Rights Target groups Research Type of publication Monograph Online orders shipping within 2-3 days. 2012. XVIII, 661 p. (Beitrge zum auslndischen ffentlichen Recht und Vlkerrecht, Vol. 230) Hardcover 109,95 ISBN 978-3-642-24857-3

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Law
C. Herrmann, University of Passau, Germany; J.P. Terhechte, University of Hamburg, Germany (Eds.)

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C. Herrmann, University of Passau, Germany; J.P. Terhechte, University of Hamburg, Germany (Eds.)

H. Sato, International Law Association, Yokosuka, Japan

The Execution of Illegal Orders and International Criminal Responsibility

The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters. Features The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International [..] Contents 1 Introduction.- 2 Before the Adoption of the Nuremberg Charter.- 3 Formation of the "Nurember Principle".- 4 After the Trials under the Nuremberg Charter.- 5 Change of the Structural of International Legal Order and "Hesitation".- Referenes.- Index. Fields of interest International Criminal Law; International Humanitarian Law, Law of Armed Conflict; Public International Law; Private International Law, International & Foreign Law, Comparative Law; Criminal Law; Human Rights Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. VIII, 175 p. 1 illus. Hardcover 99,95 ISBN 978-3-642-16752-2

European Yearbook of European Yearbook of International Economic Law (EYIEL), International Economic Law 2011 Vol. 3 (2012)
The third volume of the European Yearbook of International Economic law focuses on two major topics of current academic and political interest. Firstly, it adresses the 10th anniversary of China's accession to the WTO and its implications; secondly, it deals with different legal aspects of global energy markets. Features The third volume of the European Yearbook of International Economic law focuses on two major topics of current academic and political interest. Firstly, it adresses the 10th anniversary of China's accession to the WTO and its implications; secondly, it deals with different legal aspects of global energy markets. Contents From the contents: Topics.- Special Focus I: Ten Years of China's WTO Maembership.- Special Focus II: Global Energy Markets and International Economic Law.- Regional Integration.- Institutions. Fields of interest International Economic Law, Trade Law; International Economics; Political Science, general Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XVIII, 718 p. 14 illus. (European Yearbook of International Economic Law, Vol. 3) Hardcover 169,95 ISBN 978-3-642-23308-1 Part one of Vol. 2 (2011) of the European Yearbook of International Economic Law adresses two major topics of current academic debate and public interest: firstly, it focuses on the State and the Global Economy, secondly, on Climate Change and International Economic Law. Part two contains treatises of recent regional integration developments taking place in the major regions of the world. Part three covers the legal and political developments in the major international organizations and fora dealing with international economic policy making. Part four contains book reviews of recent works in the field of International Economic Law. Features Part one of Vol. 2 (2011) of the European Yearbook of International Economic Law adresses two major topics of current academic debate and public interest: firstly, it focuses on the State and the Global Economy, secondly, on Climate Change and International Economic Law. Part two contains treatises of recent regional integration developments taking place in the major regions of the world. Part three covers the [..] Contents From the contents: Topics.- Special Focus I: The State and the Global Economy.- Special Focus II: Climate Change and International Economic Law.Regional Integration.- International Economic Institutions.- Book Reviews. Fields of interest International Economic Law, Trade Law; Political Science, general; International Economics Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XVII, 520 p. (European Yearbook of International Economic Law, Vol. 2) Hardcover 169,95 ISBN 978-3-642-14431-8

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W. Schn, Max Planck Institute for Tax Law and Public Finance, Munich, Germany; K.A. Konrad, Max Planck Institute for Tax Law and Public Finance, Munich, Germany (Eds.) I. Seredyska, Luxembourg

Law

11

Insider Dealing and Criminal Law

Dangerous Liaisons

M. Bungenberg, University of Siegen, Germany; J. Griebel, University of Cologne, Germany; S. Hindelang, HumboldtUniversity of Berlin, Germany (Eds.)

Fundamentals of International Transfer Pricing in Law and Economics

The taxation of multinational corporate groups has become a major concern in the academic and political debate on the future of international taxation. In particular the arms length standard for the determination of transfer prices is under increasing pressure. Many countries and international bodies are now taking a closer look at the use of transfer prices for profit shifting and are exploring alternative mechanisms such as formulary apportionment for the allocation of taxing rights. With regard to this topic, this volume is the first to offer a concise analysis of transfer pricing in the international tax arena from an interdisciplinary legal and economic point of view. Fundamentals such as the efficient allocation of resources within multi-unit firms and distortions between different goals of transfer pricing as well as different aspects of it in tax and corporate law, the traditional OECD approach and practical aspects concerning intangibles, capital and risk allocation are covered by[..] Features The taxation of multinational corporate groups has become a major concern in the academic and political debate on the future of international taxation. In particular the arms length standard for the determination of transfer prices is under increasing pressure. Many countries and international bodies are now taking a closer look at the use of transfer prices for profit shifting and are exploring [..] Contents From the contents: The Roles and Functions of Transfer Pricing in Organisations.- The OECD Approach to Transfer Pricing.- Transfer Pricing in Practice.- Separate Accounting, Profit Split and Formulary Apportionment. Fields of interest International Economic Law, Trade Law; Public Finance & Economics; Private International Law, International & Foreign Law, Comparative Law; Law and Economics Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XIII, 304 p. (MPI Studies in Tax Law and Public Finance, Vol. 1) Hardcover 129,95 ISBN 978-3-642-25979-1

This work is a multidisciplinary analysis of the issue of insider dealing from the perspective of the applicability of criminal law to regulate it. First, it examines the nature of its prohibition in the European Union and in the United States of America. The text includes a more extensive overview of prohibition in four Member States of the European Union (France, the United Kingdom, Luxembourg and Poland). Then, it summarises the arguments presented by ethicists and economists in favour of and against insider dealing. Further, it analyses the foundations of criminal law and justifications that are given for its application. On the basis of this analysis, it presents a new two-step theory of criminalisation. The first step is based on a liberal theory of wrongfulness that makes reference to protection of the basic human rights. The second step relies on classical but often forgotten principles of criminal law. Finally, it examines possible alternatives to criminal rules. Features This work is a multidisciplinary analysis of the issue of insider dealing from the perspective of the applicability of criminal law to regulate it. First, it examines the nature of its prohibition in the European Union and in the United States of America. The text includes a more extensive overview of prohibition in four Member States of the European Union (France, the United Kingdom, Luxembourg and Poland). [..] Contents Introduction.- Insider dealing prohibition basic construction, economic and ethical perspectives.Practical issues arising from the transposition of the Market Abuse Directive into the chosen Member States legal systems.- Principles-based application of the criminal law.- Alternative models of regulation of insider dealing.- Conclusions. Fields of interest International Economic Law, Trade Law; International Criminal Law; Theories of Law, Philosophy of Law, Legal History; Public International Law; Private International Law, International & Foreign Law, Comparative Law; European Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XVIII, 276 p. 8 illus. Hardcover 99,95 ISBN 978-3-642-22856-8

International Investment Law and EU Law

The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new post-Lisbon situation in the area of investment policy, provokes further discussion and offers new approaches. Features The European Yearbook of International Economic Law (EYIEL) is an annual publication in International Economic Law, a field increasingly emancipating itself from Public International Law scholarship and evolving into a fully-fledged academic discipline in its own right. With the yearbook, the editors and publisher intend to make a significant contribution to the development of this "new" discipline and provide [..] Contents S. Hindelang, N. Maydell: The EUs Common Investment Policy Connecting the Dots Origins, Trends, and Perspectives.- M. Bungenberg: The Division of Competences between the EU and its Member States in the Area of Investment Politics.A. Reinisch: The Division of Powers between the EU and its Member States after Lisbon.- M. Burgstaller: The Future of Bilateral Investment Treaties of EU Member States.- J.P. Terhechte: Art. 351 TFEU, the Principle of Loyalty and the Future Role of the Member States' Bilateral Investment Treaties.- T.R. Braun: For a Complementary European Investment[..] Fields of interest International Economic Law, Trade Law; European Law Target groups Research Type of publication Proceedings Usually dispatched within 3 to 5 business days. 2011. XII, 140 p. (Special Issue) Hardcover 89,95 ISBN 978-3-642-14854-5

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Law
M.D. Gner-zbek, Ko University Law School, Istanbul, Turkey (Ed.)

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99,95 ISBN 978-3-642-19649-2

P. Mntysaari, Hanken School of Economics, Vasa, Finland

Organising the Firm

Theories of Commercial Law, Corporate Governance and Corporate Law

The theoretical basis of commercial law, corporate governance law, and corporate law is still unsatisfactory. There essentially is no theory of commercial law, and existing theories of corporate governance and corporate law cannot explain the behaviour of firms or the contents of existing regulation. This book proposes a coordinated solution for all three areas. The starting point is that all three areas deal with the organisation of firms. Commercial law, corporate governance, and corporate law are therefore studied from the perspective of the firm rather than that of the judge or the investor. Changing the perspective makes it easier to formulate an "umbrella" theory of commercial law, and theories of corporate governance and corporate law as applications of the main theory. The book provides examples of how the proposed theories work by studying legal corporate governance tools and practices that increase the sustainability of the firm. Sustainability can be bolstered by making the governance[..] Features Commercial law, corporate governance and corporate law deal with the organisation of firms. This book proposes a coordinated answer to three problems - the absence of theories of commercial law, the failure of existing theories of corporate governance to explain the actual behaviour of firms, and the failings of existing theories to explain the contents of corporate law.All three areas can be studied [..] Contents 1. Introduction.- 2. Economic Theories of the Firm.3. Theory of Commercial Law: Past Approaches.4. Theory of Commercial Law: Management-based Commercial Law.- 5. Theories of Corporate Law and Corporations: Past Approaches.- 6. Legal and Economic Theories of Corporate Governance: Past Approaches.- 7.Theory of Corporate Governance: Proposed Legal Theory.- 8.Self-enforcing Governance Models.- 9. Corporate Governance and Innovation.- 10. Theory of Corporate Law: Proposed Theory. Fields of interest International Economic Law, Trade Law; Commercial Law; Industrial Organization; Theories of Law, Philosophy of Law, Legal History; Private International Law, International & Foreign Law, Comparative Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. VII, 167 p. Hardcover 89,95 ISBN 978-3-642-22196-5

The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
An Appraisal of the "Rotterdam Rules"

The international carriage of goods by sea has been regulated by international conventions. These includethe International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (Hague Rules); the Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (Visby Rules); and the UN Convention on the Carriage of Goods by Sea." They were adopted in 1924, 1968 and 1978 respectively and the transport industry's commercial needs have since substantially changed. Furthermore the advent of subsequent regimes has resulted in the uniformity in the carriage of goods by sea once provided by the Hague Rules being lost. In order to update and modernize existing regimes the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules) was adopted on December 11, 2008 by the UN General Assembly and opened for signature on September 23, 2009. Since then drafters of[..] Features The international carriage of goods by sea has been regulated by international conventions. These includethe International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (Hague Rules); the Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (Visby Rules); and the UN Convention on the Carriage of [..] Contents Preface.- 1 The History of the Rotterdam Rules.2 General Principles of Transport Law and the Rotterdam Rules.- 3 The Scope of Application of the Rotterdam Rules and Freedom of Contract.- 4 Extended Scope of the Rotterdam Rules: Maritime Plus and Conflict of the Extension with the Extensions of Other Transport Law Convention.- 5 Rotterdam Rules - Liabilities and Obligations of the Carrier.- 6 Construction Problems in the Rotterdam Rules Regarding the Identity of the Carrier.- 7 Compensation for Damage.- 8 Obligations and Liabilities of the Shipper,- 9 Transport Documents in the Light of[..] Fields of interest International Economic Law, Trade Law; Law of the Sea, Air and Outer Space; Private International Law, International & Foreign Law, Comparative Law; Public International Law; International Economics; Commercial Law Target groups Research Type of publication Proceedings Usually dispatched within 3 to 5 business days. 2011. X, 289 p. Hardcover

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D. Damar, International Max Planck Research School for Maritime Affairs, Hamburg, Germany D. Bnger, Seevetal, Germany

Law

13

K. Tibori Szab, International Tribunal for the Former Yugoslavia; The Hague, The Netherlands

Wilful Misconduct in International Transport Law

The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its[..] Features The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to [..] Contents Introduction.- Historical Background: Limitation of Liability and Wilful Misconduct.- Roots of Wilful Misconduct.- Wilful Misconduct in Transport Law: First Time in an International Transport Convention: Convention for the Unification of Certain Rules relating to International Carriage by Air, 1929.- Carriage by Sea.- Conventions on Other Means of Transportation.- Proof & Concept of Fault: Causation and Proof.- Degrees of Fault and Wilful Misconduct.- Conclusion. Fields of interest International Economic Law, Trade Law; Private International Law, International & Foreign Law, Comparative Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XXII, 316 p. (Hamburg Studies on Maritime Affairs, Vol. 22) Softcover 79,95 ISBN 978-3-642-21508-7

Deficits in EU and US Mandatory Environmental Information Disclosure

Legal, Comparative Legal and Economic Facets of Pollutant Release Inventories

Anticipatory Action in Self-Defence

Essence and Limits under International Law

It is the publicity about the Pollutant Release Inventorys data which creates an incentive for firms to achieve emission reductions. Accordingly, public access to environmental information constitutes a core characteristic of the aforementioned inventory. Here, in essence, two facets arise. First, with regard to the collection, it is disputed whether such information, which may comprise confidential commercial and industrial information in the EU as well as trade secrets in the US, can be protected under fundamental and constitutional property rights respectively. Second, in the context of dissemination and utilisation, it is arguable whether the information indeed impacts polluters and produces an outcome that secures a certain level of environmental protection. The author responds to the first issue by taking the EU and US jurisdictions into account and strives to analyse how this novel form of Internet disclosure liberates market mechanisms in the quest for effective and efficient emission reductions. Features It is the publicity about the Pollutant Release Inventorys data which creates an incentive for firms to achieve emission reductions. Accordingly, public access to environmental information constitutes a core characteristic of the aforementioned inventory. Here, in essence, two facets arise. First, with regard to the collection, it is disputed whether such information, which may comprise confidential [..] Contents 1 Preliminaries.- 2 Development of Pollution Reduction Instruments.- 3 E-PRTR under EU Environmental Information Laws: The Collection.4 TRI under US Environmental Information Laws: The Collection.- 5 Dissemination and Utilisation of Environmental Information.- 6 Summary. Fields of interest International Environmental Law; Public International Law; Environmental Law / Policy / Ecojustice; Private International Law, International & Foreign Law, Comparative Law; Atmospheric Protection / Air Quality Control / Air Pollution; Industrial Pollution Prevention Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XXIX, 487 p. Hardcover 169,95 ISBN 978-3-642-22756-1

The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? Is anticipatory action covered by the rules of self-defence or should it be treated as a different concept? This book examines whether anticipatory action in self-defence is part of customary international law and, if so, under what conditions. The pre-Charter concept of anticipatory action is demarcated and then assessed against post-Charter state practice. Several instances of self-defence both anticipatory and remedial are examined to elucidate the rules governing the temporal dimension of the right. The SixDay War (1967), the Israeli bombing of an Iraqi reactor (1981), the US invasion of Iraq (2003) and other instances of state practice are given thorough attention Features The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? Is anticipatory action covered by the rules of self-defence or should it be treated as [..] Contents 1. Introduction.-Part I: Pre-Charter Customary Law on Self-Defence.2 Self-defence in ancient and medieval natural law.3 Self-defence as a measure short of war. 4 Self-defence as an exception to the prohibition of war. 5 The right of selfdefence and the drafting of the UN Charter.6 The temporal dimension of self-defence at the time of the Charter.-Part II: Post-Charter Customary Law on Self-Defence.7 The right of self-defence in the Judgments of the Nuremberg and Tokyo Tribunals.8 Self-defence in state-to-state conflicts.9 Self-defence and weapons of mass[..] Fields of interest International Humanitarian Law, Law of Armed Conflict; Sources and Subjects of International Law, International Organizations Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XVIII, 348 p. 1 illus. Hardcover 99,95 ISBN 978-90-6704-795-1

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Law
S.C. Grover, Lakehead University, Thunder Bay, ON, Canada

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A. McDonald, T. M. C. Asser Institute, The Hague, The Netherlands; J. Dugard, EDS; W. Fenrick, EDS; H.-P. Gasser, EDS; C. Greenwood, EDS; H.G. Posse, EDS (Eds.)

H.-J. Heintze, Ruhr-University Bochum, Germany; A. Zwitter, University of Groningen, The Netherlands (Eds.)

International Law and Humanitarian Assistance

A Crosscut Through Legal Issues Pertaining to Humanitarianism

Schoolchildren as Propaganda Tools in the War on Terror

Violating the Rights of Afghani Children under International Law

Yearbook of International Humanitarian Law - 2001

The Yearbook of International Humanitarian Law provides a truly international forum for highquality, peer-reviewed articles, commentaries on current developments, reports on state practice and documentation that have international humanitarian law as their focal point. The cosmopolitan character of the Yearbook is ensured by its international board of editors, drawn from outstanding experts in the field, as well as by its global network of correspondents, reporting on state practice. All aspects of international law applicable during international and internal armed conflicts are covered, in addition to interesting and significant developments in related fields, such as international criminal law, human rights law, disarmament law and refugee law. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants,[..] Features The Yearbook of International Humanitarian Law provides a truly international forum for highquality, peer-reviewed articles, commentaries on current developments, reports on state practice and documentation that have international humanitarian law as their focal point. The cosmopolitan character of the Yearbook is ensured by its international board of editors, drawn from outstanding experts in the field, as [..] Contents Articles: Transitional justice in Afghanistan: confronting violations of international humanitarian and human rights law Peter G. Danchin; Computer network attack: the normative software Michael N. Schmitt; The law of sentencing in international criminal law: the purpose of sentencing and the applicable method for the determination of the sentence Jan Chr. Nemitz; Twenty-five years after the adoption of Additional Protocol II: breakthrough or failure of humanitarian legal protection? Heike Spieker; The evolving jurisprudence and practice of East Timor's Special Panels For Serious Crimes[..] Fields of interest International Humanitarian Law, Law of Armed Conflict Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2004. 850 p. (Yearbook of International Humanitarian Law, 4) Hardcover 169,95 ISBN 978-90-6704-169-0

It is becoming increasingly apparent that there are major gaps in International Humanitarian Law and Public International Law in the area of humanitarian assistance. In response international organizations such as the UN and the EU are developing their own legal frameworks for humanitarian assistance and the body of customary law and so-called international disaster response law is growing steadily. This however shows that a coherent body of law is far from being a given. The legal reality of international law pertaining to emergency response is rather broadly spread over various international legal fields and related documents, covering situations of armed conflict and natural disasters. This book is one of the first attempts of linking different legal areas in the growing field of what could be called the international law of humanitarian assistance. Features It is becoming increasingly apparent that there are major gaps in International Humanitarian Law and Public International Law in the area of humanitarian assistance. In response international organizations such as the UN and the EU are developing their own legal frameworks for humanitarian assistance and the body of customary law and so-called international disaster response law is growing steadily. This [..] Contents H.-J. Heintze; A. Zwitter: Introduction.- H. Spieker: The right to give and receive humanitarian assistance.- K. Mackintosh: Beyond the Red Cross: The protection of independent humanitarian organizations and their staff in international humanitarian law.- A. Zwitter: United Nations' Legal Framework of Humanitarian Assistance.M. Broberg: Legal basic of EU Council Regulation 1257/96 concerning humanitarian aid - Time for revision?- H.-J. Heintze: Convergence between Human Rights Law and International Humanitarian Law and the Consequences for the Implementation.S. Maus: Human Rights in[..] Fields of interest International Humanitarian Law, Law of Armed Conflict; Political Science, general Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. IX, 141 p. Hardcover 89,95 ISBN 978-3-642-16454-5

This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high. Features This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely [..] Contents Re-examining the Role of Education Aid as a Component of Humanitarian Agenda in ConflictAffected States.- Attacks on Education: The Scope of the Problem and the Unwitting Complicity of CAFS, their Coalition Allies and the International Aid Community.- Attacks on Education:Issues of Accountability for Both Sides in the 'War on Terror'. Fields of interest International Humanitarian Law, Law of Armed Conflict; Political Science, general; Sociology, general; International Criminal Law; Human Rights Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XIX, 279 p. Hardcover 99,95 ISBN 978-3-642-17899-3

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N.S. van der Meulen, GOVCERT, The Hague, The Netherlands

Law
A. Lopez-Tarruella, University of Alicante, Spain (Ed.)

15

Yearbook of International Humanitarian Law - 2009

The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peerreviewed academic articles focusing on this highly topical branch of international law. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students. Features The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peerreviewed academic articles focusing on this highly topical branch of international law. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary [..] Contents Part I Articles. The International Criminal Court: a reflection, L. Moreno-Ocampo; The civilian in modern war, A. Roberts; Controlling the recourse to war by modifying jus in bello, R. Goodman; Blurring the lines: the interpretation, discourse and application of the Law of Armed Conflict, Dale Stephens; The redulic Rule: military necessity, commanders knowledge, and methods of warfare, B.J. Bill; Territory, boundaries and the Law of Armed Conflict, L. Arimatsu; Part II Current developments. The year in review, S.C. Breau; International criminal courts round-up, D. Turns, E. Carnero[..] Fields of interest International Humanitarian Law, Law of Armed Conflict Target groups Research Type of publication Contributed volume Online orders shipping within 2-3 days. 2011. 778 p. (Yearbook of International Humanitarian Law, 12) Hardcover 169,95 ISBN 978-90-6704-335-9

Financial Identity Theft

Context, Challenges and Countermeasures

Google and the Law

Empirical Approaches to Legal Aspects of KnowledgeEconomy Business Models

The existence of financial identity theft in the United States, and its (gradual) spread to other areas of the world, increases the need to understand how identity theft occurs and how perpetrators of the crime manage to take advantage of developments within contemporary society. This book aims to provide such an understanding through an in-depth comparative analysis which illustrates how states, financial service providers, consumers, and others facilitate the occurrence of financial identity theft in the United States and the Netherlands. Features When identity theft first emerged as a problem of public policy in the United States, during the last decade of the twentieth century, the rest of the world was still fast asleep. This changed several years later as other countries awakened to similar problems and a sense of potential urgency surrounding the topic of identity theft began to spread. Identity theft, especially as a result of developments in [..] Contents Introduction.- Definitional Dilemmas.- State as Protector.- State as Provider.- Financial Service Providers.- Consumers.- The Others.- From Piece to Puzzle. Fields of interest International IT and Media Law, Intellectual Property Law; Legal Aspects of Computing Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XIII, 305 p. (Information Technology and Law Series, Vol. 21) Hardcover 79,95 ISBN 978-90-6704-813-2

Googles has proved to be one of the most successful business models in todays knowledge economy. Its services and applications have become part of our day-to-day life. However, Google has repeatedly been accused of acting outside the law in the development of services such as Adwords, Googlebooks or YouTube. One of the main purposes of this book is to assess whether those accusations are well-founded. But more important than that, this book provides a deeper reflection: are current legal systems adapted to business models such as that of Google or are they conceived for an industrial economy? Do the various lawsuits involving Google show an evolution of the existing legal framework that might favour the flourishing of other knowledge-economy businesses? Or do they simply reflect that Google has gone too far? What lessons can other knowledge-based businesses learn from all the disputes in which Google has been or is involved? This book is valuable reading for legal practitioners and academics in[..] Features Googles has proved to be one of the most successful business models in todays knowledge economy. Its services and applications have become part of our day-to-day life. However, Google has repeatedly been accused of acting outside the law in the development of services such as Adwords, Googlebooks or YouTube. One of the main purposes of this book is to assess whether those accusations are well-founded. But [..] Contents Introduction Google Pushing the Boundaries of Law.- The Power of Google: First Mover Advantage or Abuse of a Dominant Position? Google Adwords: Trade Mark Law and Liability of Internet Service Providers.- Google and Personal Data Protection.Google News and Copyright Law.- Copyright Issues Regarding Google Images and Google Cache.The Viacom v YouTube Litigation and Section 512(c) DMCA: When the Safe Harbour Becomes a Permanent Mooring.- Looking Beyond the Google Books Settlement.- Google Chrome and Android: Legal Aspects of Open Source Software.- Google, APIs and the Law. Use,[..] Fields of interest International IT and Media Law, Intellectual Property Law; Legal Aspects of Computing Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. VIII, 403 p. 1 illus. (Information Technology and Law Series, Vol. 22) Hardcover 109,95 ISBN 978-90-6704-845-3

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Law
A. Wild, Attorney at law, Stuttgart, Germany (Ed.)

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P.M. Anderson, Marquette University Law School, WI, USA; I.S. Blackshaw, Asser International Sports Law Centre, The Hague, The Netherlands; R.C.R. Siekmann, Asser International Sports Law Centre, The Hague, The Netherlands; J. Soek, Asser International Sports Law Centre, The Hague, The Netherlands (Eds.)

S. van der Hof, Tilburg University, The Netherlands; M.M. Groothuis, Leiden University, The Netherlands (Eds.)

Innovating Government
Normative, Policy and Technological Dimensions of Modern Government

CAS and Football: Landmark Cases

FIFA has accepted the jurisdiction of the CAS as from 11 November 2002. This date does not mark the beginning of the arbitration of the CAS in football matters, however it has to be stated, that from this date on football disputes in front of the CAS increased enormously. This book is dedicated to the most important decisions of the CAS in football disputes. These awards are analyzed by experts, practicing all over the world. Most of the authors have been directly involved in the proceedings before the CAS. The commentaries cover a broad spectrum of disputes, inter alia, disputes concerning the contractual stability, protection of young football players, doping, football hooliganism, match fixing, players release, multiple club ownership, player agents and the stays of execution. This book provides a wide range of valuable information and is a useful tool for those whose main concern is professional football, such as sports lawyers, sports managers and sports agents, but also academics and[..] Features . Fields of interest International Sports Law; Dispute Resolution, Mediation, Arbitration Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XIII, 272 p. 2 illus. (ASSER International Sports Law Series) Hardcover 99,95 ISBN 978-90-6704-807-1

Sports Betting: Law and Policy

Gambling is a significant global industry, which is worth around 0.6% of world trade, that is, around US$ 384 billion; and gambling on the outcome of sports events is a very popular pastime for millions of people around the world, who combine a bet with watching and enjoying their favourite sports. But, like any other human activity, sports betting is open to corruption and improper influence from unscrupulous sports persons, bookmakers and others. Sports betting in the last ten years or so has developed and changed quite fundamentally with the advent of modern technology not least the omnipresence of the Internet and the rise of on-line sports betting. This book covers the law and policy on sports betting in more than forty countries around the world whose economic and social development, history and culture are quite different. Several chapters deal with the United States of America. This book also includes a review of sports betting under European Union (EU) Law. The book appears in the ASSER[..] Features Gambling is a significant global industry, which is worth around 0.6% of world trade, that is, around US$ 384 billion; and gambling on the outcome of sports events is a very popular pastime for millions of people around the world, who combine a bet with watching and enjoying their favourite sports. But, like any other human activity, sports betting is open to corruption and improper influence from unscrupulous [..] Fields of interest International Sports Law; European Law; Private International Law, International & Foreign Law, Comparative Law; International Economic Law, Trade Law; International IT and Media Law, Intellectual Property Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XV, 1029 p. 1 illus. (ASSER International Sports Law Series) Hardcover 199,95 ISBN 978-90-6704-798-2

The aim of this book is to analyze four dimensions of innovating government and the use of new technologies: legal, ethical, policy and technological dimensions. By joining authors from a diversity of backgrounds (law, ethics, public administration, political science, sociology, communications science, information science, and computer science) in one book, readers (academics, policy makers, legislators and others) are confronted with a variety of disciplinary perspectives on persistent themes, like privacy, biometrics, surveillance, e-democracy, electronic government, and identity management, that are central to todays evolution of new modes of modern government. Features The aim of this book is to analyze four dimensions of innovating government and the use of new technologies: legal, ethical, policy and technological dimensions. By joining authors from a diversity of backgrounds (law, ethics, public administration, political science, sociology, communications science, information science, and computer science) in one book, readers (academics, policy makers, legislators and [..] Contents 1 Innovating Government an introduction to the book.- Part I Normative and ethical dimensions .2 Privacy 3.0.- 3 Normative assumptions in biometrics on bodily differences and automated classifications.- 4 Electronic exchange of signals on youth at risk a value perspective.- 5 Regulating invisible harms.- Part II Policy dimensions Democracy .- 6 The single point of failure.- 7 Electronic voting: Approaches, strategies, and policy issues a report from Switzerland.- 8 Striving behind the shadow the dawn of Spanish politics 2.0.- Part III Policy dimensions - Surveillance .- 9[..] Fields of interest International IT and Media Law, Intellectual Property Law; Legal Aspects of Computing; Public Administration Target groups Professional/practitioner Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XVIII, 466 p. 11 illus. (Information Technology and Law Series, Vol. 20) Hardcover 109,95 ISBN 978-90-6704-730-2

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I.S. Blackshaw, T.M.C. Asser Institute, The Hague, The Netherlands L. Feiler

Law

17

Sports Marketing Agreements: Legal, Fiscal and Practical Aspects

Sports marketing is not only a global phenomenon, but also a major industry in its own right. This book breaks new ground in that it combines the theory and the practice of sports marketing agreements, which are at the heart of the commercialisation and marketing of sport. A particular feature of this book is the wide-ranging collection of precedents of sports marketing agreements, including, inter alia, sponsorship, merchandising, TV rights and new media, sports image rights and endorsements, event management and corporate hospitality, that are included and are explained and commented on in the text of the book. The book also covers the EU aspects, which are particularly important in this context, especially collective selling, of Sports TV rights and the drafting of the corresponding agreements; as well as the fiscal aspects of sports marketing agreements in general and sports image rights agreements in particular, which need to be taken into account in order to reduce the tax burden on the[..] Features With a Foreword by Prof. Paul Anderson, Associate Director, National Sports Law Institute, Marquette University Law School, Milwaukee, USASports marketing is not only a global phenomenon, but also a major industry in its own right. This book breaks new ground in that it combines the theory and the practice of sports marketing agreements, which are at the heart of the [..] Fields of interest International Sports Law; Marketing Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XX, 516 p. 4 illus. (ASSER International Sports Law Series) Hardcover 169,95 ISBN 978-90-6704-792-0

Information Security Law in the EU and the U.S.

A Risk-Based Assessment of Regulatory Policies

R.C.R. Siekmann, Asser International Sports Law Centre, The Hague, The Netherlands; J. Soek, Asser International Sports Law Institute, The Hague, The Netherlands (Eds.)

Lex Sportiva: What is Sports Law?

The important theme What is Sports Law? was the topic of the international Conference on The Concept of Lex Sportiva Revisited, which took place in Jakarta in late 2010. Academics and practitioners are still in debate to agree on this concept as is evident in this book. This book not only contains the worked out contributions of this Conference, but also other related chapters on the subject. It produces a reassessment of the content of Sports Law and its terminology keeping a close eye on the current literature. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M. Features With a Foreword by Dr Hinca Pandjaitan, Executive Director, Indonesia Lex Sportiva Instituta, Djakarta.This book is the first to focus on the often raised and discussed question whether there is a separate discipline of international sports law and, if so, which criteria should be used to identify it. What belongs to it and what does it involve? So far, the debate has not run along any [..] Contents The International Conference on Lex Sportiva, Djakarta, 22 September 2010.- What Is Sports Law? Is There a Global Sports Law? Is There a Lex Sportiva? Lex Sportiva and Lex Ludica: the Court of Arbitration for Sports Jurisprudence.The Making of a Lex Sportiva by the Court of Arbitration for Sport.- Sports Law: Implications for the Development of International, Comparative, and National Law and Global Dispute Resolution.Lex Sportiva and Lex Mercatoria.- The Principle of Fairness in the Lex Sportiva of CAS Awards and Beyond.- Transnational Sports Law.- Public International Sports[..] Fields of interest Law (general) Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XIX, 391 p. 2 illus. (ASSER International Sports Law Series) Hardcover 139,95 ISBN 978-90-6704-828-6

Security breaches affecting millions of consumers world-wide, media reports about cyber war and speculations about cyber terrorism have brought information security (often also referred to as cyber security) to the forefront of the public debate. Information Security Law in the EU and the U.S. provides the first comprehensive assessment of EU and U.S. information security law, covering laws and regulations that require the implementation of security measures, laws that impose or limit liability for security breaches, laws that mandate the disclosure of vulnerabilities or security breaches, and laws that deter malicious actors by providing criminal sanctions. To facilitate this comparative assessment, a risk-based assessment methodology is used. The book also contains a concluding comparative assessment that summarizes the current state of information security law. Building on this concluding assessment, policy recommendations are presented how to fundamentally improve information security. Features Security breaches affecting millions of consumers world-wide, media reports about cyber war and speculations about cyber terrorism have brought information security (often also referred to as cyber security) to the forefront of the public debate. Information Security Law in the EU and the U.S. provides the first comprehensive assessment of EU and U.S. information security law, covering laws and [..] Contents 1. Introduction .- 2. The Foundations and Challenges of Information Security .- 3. A Methodology for Assessing Regulatory Policies .4. Regulating Information Security by Mandating Security Controls .- 5. Regulating Information Security by Imposing or Limiting Liability .- 6. Regulating Information Security by Mandating Transparency .- 7. Regulating Information Security by Deterring Malicious Threat Agents .- 8. Concluding Comparative Assessment .- 9. Policy Recommendations .- 10. Conclusion .- References .List of Abbreviations .- Index. Fields of interest Law (general) Target groups Research Type of publication Monograph Online orders shipping within 2-3 days. 2012. XIV, 551 p. Hardcover 159,95 ISBN 978-3-7091-0925-0

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Law
C. Brnner, University of Graz, Austria; A. Soucek, European Space Agency, Frascati, Italy (Eds.) R. Abeyratne, Montreal, QC, Canada

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E. Egede, Cardiff University, UK

Africa and the Deep Seabed Regime: Politics and International Law of the Common Heritage of Mankind
This book seeks to fill a gap in the existing literature by examining the role of African States in the development and establishment of the regime of the deep seabed beyond national jurisdiction (the Area) and the concept of the Common Heritage of Mankind. Features This book seeks to fill a gap in the existing literature by examining the role of African States in the development and establishment of the regime of the deep seabed beyond national jurisdiction (the Area) and the concept of the Common Heritage of Mankind. Contents Introduction.- African States and the Evolution of the Regime of the Area and the Common Heritage of Mankind.- African States and Delimitation of the Common Heritage of Mankind Area.- The Legal Status of the Area: Common Heritage of Mankind and African States.- Africa and Part XI of Law of the Sea Convention (LOSC) 1982 Provisions, as Amended by the 1994 Implementation Agreement.African States and the Institutions of the Common Heritage of Mankind Regime in the Area.- African States: The System of Mining of the Common Heritage of Mankind Resources in the Area.Participation of African[..] Fields of interest Law of the Sea, Air and Outer Space; Political Science, general Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XXXII, 271 p. Hardcover 99,95 ISBN 978-3-642-17661-6

Outer Space in Society, Politics and Law

Spaceflight is a rational undertaking, yet full of emotions. It is a dream of mankind and a multibillion industry likewise. It is subject to a distinct branch of law and moreover part of modern pop culture. In short: spaceflight is fascinating. Outer Space in society, politics and law is an inter-disciplinary approach to the understanding of modern space law. Technical, cultural and historical aspects lay the foundation for a sound comprehension why space law norms have been established and what they mean in practice. The reader will realize the impact space and spaceflight have on society from Stonehenge to climate change. A new approach to presenting space law: comprehensive and illustrative. We live in a society absolutely dependent on science and technology and yet have cleverly arranged things so that almost no one understands science and technology. That's a clear prescription for disaster.Carl Sagan Features Spaceflight is a rational undertaking, yet full of emotions. It is a dream of mankind and a multibillion industry likewise. It is subject to a distinct branch of law and moreover part of modern pop culture. In short: spaceflight is fascinating. Outer Space in society, politics and law is an inter-disciplinary approach to the understanding of modern space law. Technical, cultural and historical aspects [..] Contents Preface of the Editors.- Preface of the Editor of the Series Studies in Space Policy.- Part 1: Outer space A fascinating issue.- 1.1 Introductory remarks.1.2 Fascination from the beginning of mankind.- 1.3 Reasons for space activities.- 1.4 A short chronology of spaceflight.- Part 2: Outer space A real issue.2.1 Dimensions of space activities.- 2.2 Space a natural resource.- 2.3 Exploration and utilisation of space.- 2.4 Space faring: A short overview of the present situation.- 2.5 Cooperation in Space.- 2.6 Institutional Aspects .- Part 3: Outer space A legal issue.- 3.1[..] Fields of interest Law of the Sea, Air and Outer Space Target groups Research Type of publication Monograph Online orders shipping within 2-3 days. 2011. XXI, 876 p. 154 illus., 33 in color. (Studies in Space Policy, Vol. 8) Hardcover 199,95 ISBN 978-3-7091-0663-1

Space Security Law

Against the variegated background of bewilderment and cautious optimism that space transportation offers, this book begins with an expos on international politics, the principles of which, bear upon space transportation, as well as the closeness of air space and outer space, and activities that straddle both frontiers at the same time. It discusses current issues and possibilities of communications and transportation in outer space, as well as the liabilities and accountability of the key players of space exploration. Features Against the variegated background of bewilderment and cautious optimism that space transportation offers, this book begins with an expos on international politics, the principles of which, bear upon space transportation, as well as the closeness of air space and outer space, and activities that straddle both frontiers at the same time. It discusses current issues and possibilities of communications and [..] Fields of interest Law of the Sea, Air and Outer Space; Aerospace Technology and Astronautics Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XII, 166 p. Hardcover 89,95 ISBN 978-3-642-16701-0

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M. Mineiro, McGill University, Montreal, QC, Canada R. Abeyratne, International Civil Aviation Organization, Montreal, QC, Canada

Law

19

Space Technology Export Controls and International Cooperation in Outer Space

Export controls definitively impact international cooperation in outer space. Civil and commercial space actors that engage in international endeavors must comply with space technology export controls. In the general discourse, members of the civil and commercial space community have an understanding of their domestic export control regime. However, a careful reading of the literature on space technology export controls reveals that certain questions relevant to international engagements have not been identified or answered. What is the legal-political origin of space technology export controls? How do they relate to the current international legal structure? What steps can be taken to evolve our current unilateral paradigm of space technology within the context of peaceful exploration and use of outer space? In this book, these and other relevant questions on space technology export controls are identified and assessed through an insightful case-study of the U.S. commercial communication export[..] Features Export controls definitively impact international cooperation in outer space. Civil and commercial space actors that engage in international endeavors must comply with space technology export controls. In the general discourse, members of the civil and commercial space community have an understanding of their domestic export control regime. However, a careful reading of the literature on space technology [..] Contents Foreword.- Preface.- Acknowledgements.Acronyms and Abbreviations.- Table of Contents.Introduction; Ram S. Jakhu.- PART I: An Examination of Preliminary Concerns Conceptual Lenses.- Chapter 1. Technical Characteristics of Space Goods and Technologies that are Relevant to Export Controls.- Chapter 2. Sovereignty as the Legal Basis of Export Controls: International Law and Space Technology Controls.- Chapter 3. Policy, Economic, and Techno Globalization.- PART II: A Case Study of U.S. Comsat Export Control A Regime In Need of Reform?.- Chapter 4. U.S. Approach to Comsat Export[..] Fields of interest Law of the Sea, Air and Outer Space; Political Science, general; R & D / Technology Policy; Private International Law, International & Foreign Law, Comparative Law; Law and Economics Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XXVII, 235 p. 14 illus., 12 in color. (Space Regulations Library, Vol. 6) Hardcover 99,95 ISBN 978-94-007-2566-9

G. Sartor, University of Bologna, Italy; M. Palmirani, University of Bologna, Italy; E. Francesconi, ITTIG CNR, Florence, Italy; M.A. Biasiotti, ITTIG-CNR, Florence, Italy (Eds.)

Strategic Issues in Air Transport

Legal, Economic and Technical Aspects

Legislative XML for the Semantic Web

Principles, Models, Standards for Document Management

There are broadly four strategic issues in aviation: safety; security; environmental protection; and sustainability in air transport. These issues will remain for a long time as key considerations in the safe, regular, efficient and economic development of air transport. Within these four broad categories come numerous subjects that require attention of the aviation industry as well as the States. In six chapters, this book engages in detailed discussions on these subjects as they unravelled in events of recent years. The issue of safety is addressed first, following an introduction of the regulatory regime covering the four issues. Within the area of safety, the book covers such areas as safety management systems, safety and aeromedicine, safety and meteorology, the use of airspace, unmanned aircraft systems and safety oversight audits. In the security area, subjects covered include cyber terrorism, the integrity of travel documents, full body scanners, civil unrest and aviation, the suppression of[..] Features There are broadly four strategic issues in aviation: safety; security; environmental protection; and sustainability in air transport. These issues will remain for a long time as key considerations in the safe, regular, efficient and economic development of air transport. Within these four broad categories come numerous subjects that require attention of the aviation industry as well as the States. In six [..] Contents Strategic Issues and Regulation.- Prelude to the Assembly.- The Assembly.- Safety Issues.- Safety Management Systems.- The Use of Airspace.Aviation Medicine.- Meteorological Issues.Unmanned Aircraft Systems.- Regional Safety in Air Transport.- Safety Oversight Audits.- Security Issues.- Cyber Terrorism.- Attacks on the Integrity of Travel Documents.- Full Body Scanners and Emergent Issues.- Suppressing the Financing of Terrorism.- Civil Unrest and Aviation.- The Beijing Convention 2010.- Extraordinary Rendition.Environmental Issues Climate Change.- Sustainable Development of Air[..] Fields of interest Law of the Sea, Air and Outer Space; Aerospace Technology and Astronautics; Production / Logistics Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XIV, 424 p. Hardcover 99,95 ISBN 978-3-642-21959-7

This volume examines the basic layers of the standard-based creation and usage of legislation. In particular, it addresses the identification of legislative documents, their structure, the basic metadata and legislative changes. Since mature technologies and established practices are already in place for these layers, a standard-based approach is a necessary aspect of the up-to-date management of legislative resources. Starting out with an overview of the context for the use of XML standards in legislation, the book next examines the rationale of standardbased management of legislative documents. It goes on to address such issues as naming, the Akoma-Ntoso document model, the contribution of standard-based document management to handling legislative dynamics, meta-standards and interchange standards. The volume concludes with a discussion of semantic resources and a reviewon systems and projects. Features This volume examines the basic layers of the standard-based creation and usage of legislation. In particular, it addresses the identification of legislative documents, their structure, the basic metadata and legislative changes. Since mature technologies and established practices are already in place for these layers, a standard-based approach is a necessary aspect of the up-to-date management of legislative [..] Contents Preface; Pompeu Casanovas and Giovanni Sartor.- 1 Introduction: ICT and legislation in the knowledge society; Giovanni Sartor.- 2 Legislative information and the web; Giovanni Sartor.- 3 ICT-based management of legislative documents; Giovanni Sartor.- 4 A standard-based approach for the management of legislative; Fabio Vitali.- 5 Naming Legislative Resources; Enrico Francesconi.- 6 Akoma Ntoso for Legal Documents; Monica Palmirani and Fabio Vitali.- 7 Legislative Change Management with Akoma-Ntoso; Monica Palmirani.- 8 A MetaLex and Metadata Primer: Concepts, Use, and Implementation;[..] Fields of interest Media Law; Computer Imaging, Vision, Pattern Recognition and Graphics; Legal Aspects of Computing Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XI, 190 p. 72 illus. (Law, Governance and Technology Series, Vol. 4) Hardcover 99,95 ISBN 978-94-007-1886-9

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Law
G. Moens, Murdoch University, Perth, WA, Australia; J. Trone, Murdoch University, Perth, WA, Australia

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M. Reimann, University of Michigan Law School, Ann Arbor, MI, USA (Ed.)

K.B. Brown, George Washington University, Washington, DC, USA (Ed.)

A Comparative Look at Regulation of Corporate Tax Avoidance

This volume provides a fascinating look at the antitax avoidance strategies employed by more than fifteen countries in eastern and western Europe, Canada, the Pacific Rim, Asia, Africa, and the United States. It surveys the similarities and differences in anti-avoidance regimes and contains detailed chapters for each country surveying the moral and legal dimensions of the problem. The proliferation of tax avoidance schemes in recent years signals the global dimensions of a problem presenting a serious challenge to the effective administration of tax laws. Tax avoidance involves unacceptable manipulation of the law to obtain a tax advantage. These transactions support wasteful behavior in which corporations enter into elaborate, circuitous arrangements solely to minimize tax liability. It frustrates the ability of governments to collect sufficient revenue to provide essential public goods and services. Avoidance of duly enacted provisions (or manipulation to secure tax benefits unintended by the[..] Features This volume provides a fascinating look at the antitax avoidance strategies employed by more than fifteen countries in eastern and western Europe, Canada, the Pacific Rim, Asia, Africa, and the United States. It surveys the similarities and differences in anti-avoidance regimes and contains detailed chapters for each country surveying the moral and legal dimensions of the problem. The proliferation of tax [..] Contents I. Preface; Karen B. Brown.- II. Overview of Country Reports; Karen B. Brown.- III. Country Reports.Australia;Maurice Cashmere.- Canada; Carl McArthur.- China; Kevin Holmes.- Croatia; Natasa Zunic Kovacevic.- France; Daniel Gutmann.Germany;Ulrich Palm.- Hungary; Eva Erdos, Zoltan Nagy and Zoltan Varga.- Italy; Carlo Garbarino.Japan; Keigo Fuchi.- Netherlands; Raymond Luja.New Zealand; Zo Prebble and John Prebble.Poland; Bogumil Brezezinski and Krzysztof LasinskiSulecki.- Slovenia; Nana Sumrada.- Taiwan; KehChang Gee and Yuan-Chun (Martin) Lan.- United Kingdom; Sandra[..] Fields of interest Private International Law, International & Foreign Law, Comparative Law; Business Taxation; Financial Law / Fiscal Law; Ethics Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XII, 383 p. 2 illus. (Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 12) Hardcover 139,95 ISBN 978-94-007-2341-2

Commercial Law of the European Union

The volume of European Union legal acts relating to commercial law is staggering. This book provides a clear and concise overview of the vast bulk of European Union business law, giving extensive coverage to both legislation and the decisions of the Court of Justice. The text is fully up to date in the light of the Treaty of Lisbon. The book approaches European Union business law from the perspective of non-Member common law nations such as the United States, Australia and Canada. An Appendix contains model problem questions. Each chapter contains extensive references to other books, articles and websites for further reading. Features The volume of European Union legal acts relating to commercial law is staggering. This book provides a clear and concise overview of the vast bulk of European Union business law, giving extensive coverage to both legislation and the decisions of the Court of Justice. The text is fully up to date in the light of the Treaty of Lisbon. The book approaches European Union business law from the perspective of [..] Contents Foreword. Preface. Acknowledgements. Abbreviations. Table of Cases. Table of EU Founding Treaties. Table of International Agreements. Table of Legislation.- 1: The Political Institutions of the European Union. 2: Free Movement of Goods. 3: Free Movement of Persons and Services. 4: Free Movement of Capital. 5: Commercial Law and Policy. 6: Competition Law. 7: Removal of Taxation Barriers to Trade. 8: Public Procurement. 9: Industrial and Commercial Property Rights. 10: Social Dimension of the European Union. 11: Judicial Review and the European Court of Justice. 12: The Effect of EU Law[..] Fields of interest Private International Law, International & Foreign Law, Comparative Law; Public International Law; Law and Economics; Commercial Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2010. 500 p. (Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 4) Softcover 59,95 ISBN 978-94-007-1928-6

Cost and Fee Allocation in Civil Procedure

A Comparative Study

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families.This study is the result of[..] Features The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what [..] Contents Part 1 General Report.- Cost and Fee Allocation in Civil Procedure - A Comparative Study; Mathias Reimann.- Part 2 National Reports.- Australia; Camille Cameron.- Austria; Marianna Roth.Belgium; Ilse Samoy & Vincent Sagaert.- Brazil Alexandre Alcino de Barros and Slvia Julio Bueno de Miranda.- Canada; Patrick Glenn.-Czech Republik; Jan Hurdk.- England and Wales; Richard Moorhead.- Finland; Jarkko Mnnist.- France; Nicolas Cayrol.- Germany; Burkhard Hess and Rudolf Huebner.- Greece; Kalliopi Makridou.- India; Neela Badami.- Israel; Talia Fisher and Rosen Zvi.Italy; Alessandra de[..] Fields of interest Private International Law, International & Foreign Law, Comparative Law; Civil Procedure Law; Civil Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XII, 314 p. 5 illus. (Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 11) Hardcover 99,95 ISBN 978-94-007-2262-0

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M. Heidemann, Institute of Advanced Legal Studies, London, UK K.B. Brown, George Washington University, Washington, DC, USA; D.V. Snyder, American University, Washington, DC, USA (Eds.)

Law
249,00 ISBN 978-94-007-2353-5

21

Does International Trade Need a Doctrine of Transnational Law?

Some Thoughts at the Launch of a European Contract Law

This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law. Features . Fields of interest Private International Law, International & Foreign Law, Comparative Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. VIII, 74 p. (SpringerBriefs in Law) Softcover 49,95 ISBN 978-3-642-27499-2

General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Gnraux du XVIIIme Congrs de lAcadmie Internationale de Droit Compar
This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. Thiscomprehensive volumetells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While[..] Features This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, [..] Contents Preface/Prface.- 18th Congress Steering Committee (Preface English).- General Reports.- 1. Religion and the Secular State/La religion et Ltat laque; Javier Martnez-Torrn and W. Cole Durham, Jr. .- 2. Complexity of Transnational Sources/La complexit des sources transnationales ; Silvia Ferreri.- 3. The Role of Practice in Legal Education/Le role de la pratique dans la formation des juristes ; Richard Wilson.- 4. Catastrophic Damages Liability and Insurance/Les dommages catastrophiques responsabilits civiles et assurances ; Pablo Salvador Coderch, Sonia Ramos Gonzlez and[..] Fields of interest Private International Law, International & Foreign Law, Comparative Law; Fundamentals of Law; Theories of Law, Philosophy of Law, Legal History; Public Law; Civil Law; Constitutional Law Target groups Research Type of publication Handbook Usually dispatched within 3 to 5 business days. 2012. X, 704 p. 9 illus. Hardcover

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Law
J.J. du Plessis, Deakin University, Geelong, VIC, Australia; B. Grofeld, University of Muenster, Germany; C. Luttermann, Catholic University of Eichstaett-Ingolstadt, Germany; I. Saenger, University of Muenster, Germany; O. Sandrock, University of Muenster, Germany; M. Casper, University of Muenster, Germany

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99,95 ISBN 978-3-642-23004-2

G. Tiess, Montanuniversitt Leoben, Austria

General and International Mineral Policy

Focus: Europe

The demand for mineral resources (iron ore, cement, etc.) has increased substantially in recent years, a development which can be traced back to the economic growth of heavily populated newly industrializing countries. More than fifty percent of the total world population is now interested in the same resources. This change of structure has caused enormous price increases on international commodity markets. In Europe this process can also be noticed in shortages of some mineral resources. National mineral resources policies play a decisive role here, and developing special policies is vital to creating a mineral resources strategy and ensuring a competitive mining industry. This book discusses the mineral resources policies and strategies of important mineral resources importing and exporting countries, examines the status quo of European mineral resources policy and puts forward proposals for the implementation of such a policy for discussion. Features The demand for mineral resources (iron ore, cement, etc.) has increased substantially in recent years, a development which can be traced back to the economic growth of heavily populated newly industrializing countries. More than fifty percent of the total world population is now interested in the same resources. This change of structure has caused enormous price increases on international commodity markets. [..] Contents Chapter 1 Introduction.- 1.1 Raw materials.1.2 Minerals for economy.- 1.3 Importance of the extractive industry in the value chain.- 1.4 Characteristics of the extractive industry.- 1.5 Mineral markets.- 1.6 Sustainable Mineral Resource Management.- Chapter 2 Utilisation of Non-Energy Raw Materials.- 2.1 General facts.- 2.2 Metallic minerals.- 2.3 Industrial minerals.- 2.4 Construction minerals.- Chapter 3 Demand and Supply situation of non-energy raw materials.- in Europe.- 3.1 Historical development of minerals consumption.3.2 European Union Minerals consumption.- 3.3 Development[..] Fields of interest Private International Law, International & Foreign Law, Comparative Law; International Economics; Mineral Resources Target groups Professional/practitioner Type of publication Monograph Online orders shipping within 2-3 days. 2011. XXIX, 630 p. 180 illus. Hardcover 159,95 ISBN 978-3-211-89004-2

German Corporate Governance in International and European Context

Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier[..] Features Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on [..] Contents An Overview of German Business or Enterprise Law and the One-Tier and Two-Tier Board Systems Contrasted.- An Overview of the Corporate Governance Debate in Germany.- The General Meeting and the Management Board as Company Organs.- The Supervisory Board as Company Organ.- The German System of Supervisory Codetermination by Employees.- The Impact of European Development on German Codetermination and German Corporate Law.Accounting as the Documentary Proof of Good Corporate Governance.- Banking on Trust: The German Financial Sector, Global Capital Markets and Corporate Finance and[..] Fields of interest Private International Law, International & Foreign Law, Comparative Law; Commercial Law; Management/Business for Professionals Target groups Graduate Type of publication Graduate/advanced undergraduate textbook Usually dispatched within 3 to 5 business days. 2012. XLI, 502 p. Hardcover

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C. Quinto, Zrich, Switzerland J.P. Terhechte, University of Hamburg, Germany G. Tiess, Montanuniversitt Leoben

Law

23

Insurance Systems in Times of Climate Change

Insurance of Buildings Against Natural Hazards

International Competition Enforcement Law Between Cooperation and Convergence

The international dimensions of competition law and policy are most often examined at the level of substantive law. In this legal area both intentional and spontaneous assimilation and harmonization trends can be recognized, which manifest themselves e.g. in comparable approaches to combating particularly harmful restraints (so-called "hardcore cartels"). However, the complex terrain of enforcement law has been mainly ignored up to date. Are there common approaches in this field as well? How are the various competition laws linked with each other in respect to procedural norms? This book conceptualizes "International Competition Enforcement Law" against the backdrop of these issues and at the level of comparative law. The ciphers "cooperation" and "convergence" will serve as the two principle ideas for this book. Features The international dimensions of competition law and policy are most often examined at the level of substantive law. In this legal area both intentional and spontaneous assimilation and harmonization trends can be recognized, which manifest themselves e.g. in comparable approaches to combating particularly harmful restraints (socalled "hardcore cartels"). However, the complex terrain of enforcement law has [..] Contents Introduction.- Cooperation as Guiding Principle of International Competition Enforcement Law.Convergence of International Competition Enforcement Law.- Procedural Convergence through Cooperation?- Summary. Fields of interest Private International Law, International & Foreign Law, Comparative Law; International Economic Law, Trade Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XIII, 96 p. Hardcover 89,95 ISBN 978-3-642-17166-6

Legal Basics of Mineral Policy in Europe

An overview of 40 countries

Natural disasters such as large-scale flooding are on the increase. Climate change directly affects our basis of existence. This includes residential buildings, and commercial and industrial properties. The author highlights the requirements that will have to be met by a protection system for buildings in the future. Insurance against natural hazards lies at the heart of such a system. The insurance systems of Germany, France, Spain, Switzerland and the USA are presented. The author explains what type of insurance system is best suited to meet the challenge of climate change. The starting point of the legal section is statutory insurance with a monopoly. The question of whether such insurance is compatible with Swiss and EU law is examined. Keywords in this respect are economic freedom, competition, services of general interest and universal service. Features Natural disasters such as large-scale flooding are on the increase. Climate change directly affects our basis of existence. This includes residential buildings, and commercial and industrial properties. The author highlights the requirements that will have to be met by a protection system for buildings in the future. Insurance against natural hazards lies at the heart of such a system. The insurance systems of [..] Contents Challenge: Climate Change as the Starting Situation.Global Climate Change.- Climate Change in Switzerland.- Consequences for Insurance Against Natural Hazards.- Insurance Systems Today.Types of Insurance Systems.- Germany.- France.Spain.- Switzerland.- USA.- Interim Conclusion - Suitable Protection System Against Natural Hazards in Response to Climate Change.- Overview of Requirements.- The Appropriate Response to Climate Change.- Legitimacy of Statutory Insurance Against Natural Hazards.- AdmissibilityUnder Swiss Law.- EU Compatibility of the KGV Statutory Insurance System. Fields of interest Private International Law, International & Foreign Law, Comparative Law; International Economic Law, Trade Law; Environmental Law / Policy / Ecojustice; Climate Change; Insurance Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XXVI, 154 p. 15 illus. in color. Hardcover 89,95 ISBN 978-3-642-22434-8

Mineral resources are an essential social and economic basis. The importance of a European mineral resources policy is demonstrated by the latest developments in the international commodity markets. The legal framework for mining activities is vital for the realization of a mineral resources policy. Efficient legislative provisions and their implementation are crucial in ensuring both a competitive mining industry and environmental protection. This book discusses the legal frameworks of 40 European countries, especially the countries of south-east Europe, which possess an enormous wealth of deposits. This reference book provides information on European legislation relevant to mineral resources and an overview of approaches to mineral resources policy, as well as comparing the existing instruments of such policies in various European countries. This book is especially wellsuited to the needs of investors, entrepreneurs, politicians and civil servants. Features Mineral resources are an essential social and economic basis. The importance of a European mineral resources policy is demonstrated by the latest developments in the international commodity markets. The legal framework for mining activities is vital for the realization of a mineral resources policy. Efficient legislative provisions and their implementation are crucial in ensuring both a competitive mining [..] Contents 1 Introduction 1.1 Importance of the Minerals Supply 1.2 Legal basic 1.3 Requirements of a Mining Law 2 Albania 2.1 General Facts 2.2 Raw Material production 2.3 Normative Basics 3 Austria 3.1 General 3.2 Raw Material production 3.3 Normative Basics 4 Belarus 4.1 General Facts 4.2 Raw material production 4.3 Normative Basics 5 Belgium 5.1 General Facts 5.2 Raw material production 5.3 Normative Basics 6 Bulgaria 6.1 General 6.2 Raw Material production 6.3 Normative Basics 7 Croatia 7.1 General Facts 7.2 Raw material production 7.3 Normative Basics 8 Cyprus 8.1 General Facts 8.2 Raw[..] Fields of interest Private International Law, International & Foreign Law, Comparative Law; International Economics; Mineral Resources Target groups Professional/practitioner Type of publication Monograph Online orders shipping within 2-3 days. 2011. XXIV, 394 p. 108 illus. Hardcover 129,95 ISBN 978-3-211-89002-8

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Law
M. Mtze, Mtze Korsch Rechtsanwaltsgesellschaft mbH, Dsseldorf, Germany; Th. Senff, Mtze Korsch Rechtsanwaltsgesellschaft mbH, Dsseldorf, Germany; J.C. Mller, BBORS Kreuznacht Rechtsanwlte, Dsseldorf, Germany (Eds.)

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C. Morris, University of London, UK; J. Boston, Victoria University of Wellington, New Zealand; P. Butler, Victoria University of Wellington, New Zealand (Eds.)

H. Wang, Renmin University, Beijing, China, People's Republic

Protecting Privacy in China

A Research on Chinas Privacy Standards and the Possibility of Establishing the Right to Privacy and the Information Privacy Protection Legislation in Modern China

Reconstituting the Constitution

All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them. Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be Head of State? What is our constitutional relationship with other nation states? What is the influence of international law on our domestic system? What process should constitutional change follow? In this volume, scholars, practitioners, politicians, public officials, and young people explore these questions and others in relation to the New Zealand constitution and provide some thoughtprovoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and[..] Features All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them.Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be [..] Contents Part 1: Reconstituting the Constitution: An Overview.- Part 2: Reforming Constitutions: Lessons from Abroad.- Part 3: The Republican Question.Part 4: The Need for a Written Constitution? Strengthening the Bill of Rights Act and the Place of the Treaty of Waitangi.- Part 5: The Future of Electoral Law.- Part 6: Australia: Involving Civil Society in Constitutional Reform.- Part 7: Influence of International Treaties.- Part 8: The Trans-Tasman Relationship.- Part 9: The Role and Governance ofSub-National Government.- Part 10: Protecting Future Generations.- Appendix. Fields of interest Private International Law, International & Foreign Law, Comparative Law; Constitutional Law; Political Science, general Target groups Research Type of publication Proceedings Usually dispatched within 3 to 5 business days. 2011. XII, 519 p. 8 illus. Hardcover 139,95 ISBN 978-3-642-21571-1

Real Estate Investments in Germany

Transactions and Development

Today, privacy is one of the most hotly debated topics worldwide. The book aims to balance the development of personal rights in a country that has historically valued collective rights over those of the individual. The protection of privacy is not an issue that has been emphasised during the rapid development of economic laws in China. However, the accompanying development of greater government-based regulation of these laws implementation has led to greater invasions of personal privacy. This study attempts to provide a way forward for China to address the ever-increasing concerns about the protection of privacy and puts forward a legislative model for protection.This is achieved after a thorough analysis of the threats to privacy protection in China, a critical evaluation of the level of current privacy protection in China, and an analysis of the privacy laws in a series of developed nations based on common law and civil law. Features Today, privacy is one of the most hotly debated topics worldwide. The book aims to balance the development of personal rights in a country that has historically valued collective rights over those of the individual. The protection of privacy is not an issue that has been emphasised during the rapid development of economic laws in China. However, the accompanying development of greater government-based [..] Contents Chapter 1: Privacy.- Chapter 2: Recent Developments Threatening Privacy in China.Chapter 3: Chinass Privacy Standards.- Chapter 4: The Legal Protection of Privacy in International Practices Potential as Models for a Chinese Privacy Protection Regime.- Chapter 5: Creating the Right to Privacy in the Chinese Legal System.- Chapter 6: Establishing an Effective Personal Information Protection Regime in China.- Chapter 7: Conclusion: Chinese Privacy in the Twenty-first Century. Fields of interest Private International Law, International & Foreign Law, Comparative Law; Public International Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XI, 209 p. Hardcover 99,95 ISBN 978-3-642-21749-4

The real estate market in Germany has recovered remarkably well from 2008/09 crisis. Portfolio transactions, infrastructure projects as well as investments in commercial and residential real estate are on the rise. This publication provides investors, property developers and advisers with a practical guideline to the legal, tax and commercial framework for real estate investments in Germany. Features The real estate market in Germany has recovered remarkably well from 2008/09 crisis. Portfolio transactions, infrastructure projects as well as investments in commercial and residential real estate are on the rise. This publication provides investors, property developers and advisers with a practical guideline to the legal, tax and commercial framework for real estate investments in Germany. Contents Zoning Law.- Building Regulations.- Profitability Aspects of the Investment.- Financing and Securities.- Purchase Contract.- Design and Project Management.- Construction Contract.Lease Agreements.- Facility Management.- Public Procurement and PPP.- German Tax Environment of Real Estate.- Taxation along the Life Cycle of an Investment.- Open-End and Closed-End Funds and Real Estate.- Verordnung ber Grundstze fr Ermittlung der Verkehrswerte von Grundstcken (Wertermittlungsverordnung - WertV).- Vergabeund Vertragsordnung fr Bauleistungen (VOB) Teil B. Fields of interest Private International Law, International & Foreign Law, Comparative Law; Commercial Law; Management/Business for Professionals Target groups Professional/practitioner Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XIV, 345 p. 20 illus. Hardcover 69,95 ISBN 978-3-642-19099-5

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M. Schulz, GGS German Graduate School of Management and Law, Heilbronn, Germany; O. Wasmeier, Rmmingen, Germany N. Andrews, University of Cambridge, UK

Law

25

The Law of Business Organizations

A Concise Overview of German Corporate Law

The Three Paths of Justice

Court Proceedings, Arbitration, and Mediation in England

M.N. Schmitt, Durham University, UK; L. Arimatsu, The Royal Institute of International Affairs, London, UK; T. McCormack, Melbourne Law School, VIC, Australia (Eds.)

This book gives a concise introduction to the German law of business organizations and is meant to help business practitioners and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company (GmbH) and the German Stock Corporation (AG). The book discusses some typical problems faced by companies engaged in cross-border activities and also provides a brief outline of some recent developments in European company law with a special focus on the new multinational corporate form of the European Company (SE). Features This book gives a concise introduction to the German law of business organizations. After outlining the corporate legal framework within Germany, the book addresses some basic issues of international and European business law, such as the law applicable to corporations engaged in crossborder activities. Special emphasis is placed on some recent developments in the European Common Market. The book then [..] Contents Introduction.- Stock Corporation (Aktiengesellschaft).- Limited Liability Company (GmbH).- Corporate Acquisitions in Germany.Cross-border Corporate Activities.- Supplementary Material.- Appendix. Fields of interest Private International Law, International & Foreign Law, Comparative Law; Commercial Law; Management/Business for Professionals Target groups Professional/practitioner Type of publication Professional book Usually dispatched within 3 to 5 business days. 2012. XI, 204 p. 11 illus. Hardcover 49,95 ISBN 978-3-642-17792-7

This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques.As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers. Features "Neil Andrews presents a concise account of English civil justice as the system has been reconfigured in the first years of the 21st century. His book is an original and important study of the system on which American civil litigation rests. It is a wideranging introduction to the three principal paths of justice in England: court proceedings, arbitration and mediation. It is the first such [..] Contents 1. Introduction.- 2. Principles of Civil Justice.3. First Instance Proceedings.- 4. Appeals and Finality.- 5. Costs.- 6. Enforcement of Court Judgments and Orders.- 7. Protective Relief.8. Multi-Party Litigation.- 9. Mediation.- 10. Arbitration in England.- 11. Connections Between Courts, Arbitration, Mediation, and Settlement: Transnational Observations.- Select Bibliography.Leading Contributors to English Civil Justice.- Index. Fields of interest Private International Law, International & Foreign Law, Comparative Law; Civil Procedure Law; Civil Law Target groups Research Type of publication Proceedings Usually dispatched within 3 to 5 business days. 2012. XIV, 296 p. (Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 10) Hardcover 99,95 ISBN 978-94-007-2293-4

Yearbook of International Humanitarian Law - 2010

The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peerreviewed academic articles focusing on this highly topical branch of international law. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students. Features The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap [..] Contents Who may be killed? Anwar al-Awlaki as a case study in the international legal regulation of lethal force.Adjudicating armed conflict in domestic courts: The experience of Israels Supreme Court.- Counterinsurgency operations in Afghanistan. What about the jus in bellum and the jus in bello: is the law still accurate? Civilian intelligence agencies and the use of armed drones.- International humanitarian law and bombing campaigns: legitimate military objectives and excessive collateral damage.- The law of armed conflict and international human rights law some paradigmatic[..] Fields of interest Private International Law, International & Foreign Law, Comparative Law; Public International Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XXIV, 695 p. 1 illus. (Yearbook of International Humanitarian Law, Vol. 13) Hardcover 169,95 ISBN 978-90-6704-810-1

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S. Gutwirth, Vrije Universiteit Brussel (VUB), Belgium; Y. Poullet, Director of CRID/Namur, Belgium; P. De Hert, Vrije Universiteit Brussel, Belgium; R. Leenes, Tilburg University, Tilburg, The Netherlands (Eds.)

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M. Montini, University of Siena, Italy; S. Bogdanovic, Business Academy, Novi Sad, Serbia (Eds.)

S.C. Grover, Lakehead University, Thunder Bay, ON, Canada

Child Soldier Victims of Genocidal Forcible Transfer

Exonerating Child Soldiers Charged With Grave Conflictrelated International Crimes

Computers, Privacy and Data Protection: an Element of Choice

This timely interdisciplinary work on current developments in ICT and privacy/data protection, coincides as it does with the rethinking of the Data Protection Directive, the contentious debates on data sharing with the USA (SWIFT, PNR) and the judicial and political resistance against data retention. The authors of the contributions focus on particular and pertinent issues from the perspective of their different disciplines which range from the legal through sociology, surveillance studies and technology assessment, to computer sciences. Such issues include cutting-edge developments in the field of cloud computing, ambient intelligence and PETs; data retention, PNR-agreements, property in personal data and the right to personal identity; electronic road tolling, HIV-related information, criminal records and teenager's online conduct, to name but a few. Features Privacy and data protection have never been static. On the contrary, the history of the last 40 years shows the reverse. New issues and challenges continue to emerge, requiring an ongoing process of interpreting their effect in terms of reach, objectives and their deeper significance. Indeed, the consequences of technological applications due to unprecedented storage, processing and transmission capacities and [..] Contents Introduction.- Part 1 Building and Rebuilding Legal Concepts for Privacy and Data Protection.- Chapter 1 The German Constitutional Court Judgment on Data Retention: Proportionality Overrides Unlimited Surveillance (Doesnt It?); Katja de Vries, Rocco Bellanova, Paul De Hert and Serge Gutwirth.Chapter 2 The Noise in the Archive: Oblivion in the Age of Total Recall; Jean-Franois Blanchette.Chapter 3 Property in personal data. Second life of an old idea in the age of cloud computing, chain informatisation, and ambient intelligence; Nadezhda Purtova.- Chapter 4, Right to Personal[..] Fields of interest Public International Law; Computers and Society; Criminology & Criminal Justice; Philosophy of Law; Philosophy of Technology Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XXIV, 457 p. 25 illus., 10 in color. Hardcover 139,95 ISBN 978-94-007-0640-8

Environmental Security in SouthEastern Europe

International Agreements and Their Implementation

This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute agebased exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers. Features This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and [..] Contents Children's Rights Participation Rhetoric: Distorting the Plight of the Child Soldier.- The Fallacious Demonization of Child Soldiers.- Recruitment and Use of "Child Soldiers" in Hostilities by Armed Groups Committing Mass Atrocities and/or Genocide as Itself a Form of Genocide.- Challenging the Attempt to De-legitimize the Human Rights Claims of Child Soldier Victims of Genocidal Forcible Transfer.- Truth and Reconciliation Mechanisms: A Re-victimization of Child Victims of Genocidal Forcible Transfer?.- Concluding Remarks. Fields of interest Public International Law; Human Rights; International Humanitarian Law, Law of Armed Conflict; International Criminal Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XVI, 302 p. Hardcover 99,95 ISBN 978-3-642-23613-6

Authored by international experts from academia, international organizations, governments and NGOs, this book highlights the main environmental security issues in the South-East European (SEE) countries, with a particular focus on climate change and water management. The common goal of the authors was to provide a reliable evaluation of whether existing legal regimes and correct implementation of applicable international treaties may contribute to reducing environmental security risks in the region. In-depth analyses and assessment of major challenges in compliance, serve as a firm ground which such evaluation is based on. This volume is recommended for public officials, legal practitioners and consultants. Its interest may also extend beyond the SEE countries, serving as a casestudy of a broader and paradigmatic relevance of the analysis and management of environmental and security issues in a trans-boundary context. Features Authored by international experts from academia, international organizations, governments and NGOs, this book highlights the main environmental security issues in the South-East European (SEE) countries, with a particular focus on climate change and water management. The common goal of the authors was to provide a reliable evaluation of whether existing legal regimes and correct implementation of applicable [..] Contents The Role of International Organisations in Environmental Security Issues.- The Environment and Security Initiative in South Eastern Europe: Transforming Risk Into Cooperation.- The Role of UNESCO designated Sites in Fostering International Cooperation and Environmental Security in SEE.Social and Environmental Issues related to Security in SEE Countries.- The Impact of International Treaties on Climate Change in SEE Countries.The Impact of the International Treaties on Water Management in South-Eastern Europe.- Towards Environmental Security by Adapting the Energy Sector: Summary of[..] Fields of interest Public International Law; Environmental Law / Policy / Ecojustice; Sustainable Development Target groups Graduate Type of publication Proceedings Usually dispatched within 3 to 5 business days. 2011. XVIII, 241 p. (NATO Science for Peace and Security Series C: Environmental Security) Hardcover 169,95 ISBN 978-94-007-0227-1

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M. Montini, University of Siena, Italy; S. Bogdanovic, Business Academy, Novi Sad, Serbia (Eds.) M.N. Schmitt, US Naval War College, Newport, RI, USA

Law

27

Environmental Security in SouthEastern Europe

International Agreements and Their Implementation

Essays on Law and War at the Fault Lines

This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counterterrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities. Features Essays on Law and War at the Fault LinesThis collection of essays by Professor Michael N. Schmitt, Chairman of the International Law Department at the United States Naval War College, draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and [..] Contents Computer Network Attack and Use of Force in International Law: Thoughts on a Normative Framework.- Responding to Transnational Terrorism under the Jus ad Bellum: A Normative Framework.- Military Necessity and Humanity in International Humanitarian Law: Preserving the Delicate Balance.- The Principle of Discrimination in 21st Century Warfare.- Fault Lines in the Law of Attack.- Aerial Blockades in Historical, Legal, and Practical Perspective.- State Sponsored Assassination in International and Domestic Law.- Green War: An Assessment of the Environmental Law of International Armed[..] Fields of interest Public International Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2012. XII, 637 p. Hardcover 169,95 ISBN 978-90-6704-739-5

S. Gutwirth, Vrije Universiteit Brussel (VUB), Belgium; R. Leenes, Tilburg University, The Netherlands; P. De Hert, Vrije Universiteit Brussel, Belgium; Y. Poullet, Director of CRID, Namur, Belgium (Eds.)

European Data Protection: In Good Health?

Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are in good health is increasingly being posed. Advanced technologies raise fundamental issues regarding key concepts of data protection. Falling storage prices, increasing chips performance, the fact that technology is becoming increasingly embedded and ubiquitous, the convergence of technologies and other technological developments are broadening the scope and possibilities of applications rapidly. Society however, is also changing, affecting the privacy and data protection landscape. The demand for free services, security, convenience, governance, etc, changes the mindsets of all the stakeholders involved. Privacy is being proclaimed dead or at least worthy of dying by the captains of industry; governments and policy makers are having to manoeuvre between competing and incompatible aims;[..] Features Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are in good health is increasingly being posed. Advanced technologies raise fundamental issues regarding key concepts of data protection. Falling storage prices, increasing chips performance, the fact [..] Contents Preface: Serge Gutwirth, Ronald Leenes, Paul De Hert& Yves Poullet.- Chapter 1: Surveillance, profiling and prediction.- 1. We are all connected to Facebook...by Facebook: Arnold Roosendaal.2. Behavioural tracking on the Internet: Claude Castelluccia.- 3. Privacy for loan applicants versus predictive ower for Loan Providers: is it possible to bridge the gap?: Charlene Jennett, Miguel Malheiros, Sacha Brostoff and M. Angela Sasse.- 4. Cookie wars: how new data profiling and targeting techniques threaten citizens and consumers in the Big Data era: Jeffrey Chester.- 5. Examining[..] Fields of interest Public International Law; Legal Aspects of Computing; Philosophy of Law; Philosophy of Technology Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XVIII, 363 p. 20 illus., 10 in color. Hardcover 139,95 ISBN 978-94-007-2902-5

Authored by international experts from academia, international organizations, governments and NGOs, this book highlights the main environmental security issues in the South-East European (SEE) countries, with a particular focus on climate change and water management. The common goal of the authors was to provide a reliable evaluation of whether existing legal regimes and correct implementation of applicable international treaties may contribute to reducing environmental security risks in the region. In-depth analyses and assessment of major challenges in compliance, serve as a firm ground which such evaluation is based on. This volume is recommended for public officials, legal practitioners and consultants. Its interest may also extend beyond the SEE countries, serving as a casestudy of a broader and paradigmatic relevance of the analysis and management of environmental and security issues in a trans-boundary context. Features Authored by international experts from academia, international organizations, governments and NGOs, this book highlights the main environmental security issues in the South-East European (SEE) countries, with a particular focus on climate change and water management. The common goal of the authors was to provide a reliable evaluation of whether existing legal regimes and correct implementation of applicable [..] Contents The Role of International Organisations in Environmental Security Issues.- The Environment and Security Initiative in South Eastern Europe: Transforming Risk Into Cooperation.- The Role of UNESCO designated Sites in Fostering International Cooperation and Environmental Security in SEE.Social and Environmental Issues related to Security in SEE Countries.- The Impact of International Treaties on Climate Change in SEE Countries.The Impact of the International Treaties on Water Management in South-Eastern Europe.- Towards Environmental Security by Adapting the Energy Sector: Summary of[..] Fields of interest Public International Law; Environmental Law / Policy / Ecojustice; Sustainable Development Target groups Graduate Type of publication Proceedings Usually dispatched within 3 to 5 business days. 2011. XVIII, 241 p. (NATO Science for Peace and Security Series C: Environmental Security) Softcover 89,95 ISBN 978-94-007-0245-5

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L.A.M.N. Barnhoorn, EDS; M.M.T.A. Brus, EDS; D.M. Curtin, EDS; I.F. Dekker, EDS; P.A. Nollkaemper, EDS (Eds.)

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T.M. Spranger, Institute of Science and Ethics, Bonn, Germany (Ed.)

International Neurolaw
A Comparative Analysis

Netherlands Yearbook of International Law - 2002

Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive review of Dutch state practice from the parliamentary year prior to publication, an account of developments relating to treaties and other international agreements to which the Netherlands is a party, summaries of Netherlands judicial decisions involving questions of public international law (many not published elsewhere), lists of Dutch publications in the field and extracts from relevant municipal legislation. Although the NYIL has a distinctive national character it is published in English, and the editors do not adhere to any geographical limitations when deciding upon the inclusion of articles. Features Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive [..] Contents Articles: 1. Article 21 of the Rome Statute and the ambiguities of applicable law J. Verhoeven; 2. The Security Council and international criminal law A. Aust; 3. The European and substantive criminal law: reinventing the wheel? S. Peers; 4. International law and direct action protests at sea: twenty years on G. Plant; 5. Netherlands fisheries in a European and international legal context E. J. Molenaar; Documentation: classification scheme: 6. Netherlands state practice for the parliamentary year, 20002001 P. C. Tange; 7. Treaties and other international agreements to which the Kingdom[..] Fields of interest Public International Law; Private International Law, International & Foreign Law, Comparative Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2004. 400 p. (Netherlands Yearbook of International Law, Vol. 33) Hardcover 109,95 ISBN 978-90-6704-170-6

Netherlands Yearbook of International Law - 2003

Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive review of Dutch state practice from the parliamentary year prior to publication, an account of developments relating to treaties and other international agreements to which the Netherlands is a party, summaries of Netherlands judicial decisions involving questions of public international law (many not published elsewhere), lists of Dutch publications in the field and extracts from relevant municipal legislation. Although the NYIL has a distinctive national character it is published in English, and the editors do not adhere to any geographical limitations when deciding upon the inclusion of articles. Features Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive [..] Contents Articles: Sustainable development, normative development and the legitimacy of decision making E. Hey; The shifting laws on the use of force and the trivialization of the UN collective security system: the need to reconstitute it N. Tsagourias; The constitutional duty to promote the development of the international legal order: the significance and meaning of Article 90 of the Netherlands constitution L. F. M. Besselink; Democracy and International Law J. Wouters, B. De Meester and C. Ryngaert; Documentation: Classification scheme; Netherlands state practice for the parliamentary year[..] Fields of interest Public International Law; Private International Law, International & Foreign Law, Comparative Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2005. 540 p. (Netherlands Yearbook of International Law, Vol. 34) Hardcover 109,95 ISBN 978-90-6704-188-1

Whereas the past few years have repeatedly been referred to as the era of biotechnology, most recently the impression has emerged that at least the same degree of attention is being paid to the latest developments in the field of neurosciences. It has now become nearly impossible to maintain an overview of the number of research projects dealing with the functionality of the brain for example concerning its organizational structure or projects dealing with the topics of legal responsibility, braincomputer interface applications, neuromarketing, lie detection or mind reading. These procedures are connected to a number of legal questions concerning the framework conditions of research projects as well as the right approach to the findings generated. Given the primary importance of the topic for the latest developments, it is essential to compare the different legal systems and strategies that they offer for dealing with these legal implications. Therefore, the book International Neurolaw A[..] Features Whereas the past few years have repeatedly been referred to as the era of biotechnology, most recently the impression has emerged that at least the same degree of attention is being paid to the latest developments in the field of neurosciences. It has now become nearly impossible to maintain an overview of the number of research projects dealing with the functionality of the brain for example concerning [..] Fields of interest Public International Law; Medical Law; Neurobiology; Philosophy of Medicine; Theories of Law, Philosophy of Law, Legal History Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XI, 411 p. 2 illus. Hardcover 99,95 ISBN 978-3-642-21540-7

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I.F. Dekker, Utrecht University, Utrecht, The Netherlands; E. Hey, Erasmus University, Rotterdam, The Netherlands (Eds.)

Law

29

Netherlands Yearbook of International Law - 2004

Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive review of Dutch state practice from the parliamentary year prior to publication, an account of developments relating to treaties and other international agreements to which the Netherlands is a party, summaries of Netherlands judicial decisions involving questions of public international law (many not published elsewhere), lists of Dutch publications in the field and extracts from relevant municipal legislation. Although the NYIL has a distinctive national character it is published in English, and the editors do not adhere to any geographical limitations when deciding upon the inclusion of articles. Features Two major factors brought about the establishment of the Netherlands Yearbook of International Law in 1970: demand for the publication of national practice in international law, and the desirability for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc. The Documentation section contains an extensive [..] Contents Articles: United Nations draft convention on State immunity G. Hafner; Uncertainties of the law of self-defence in the United Nations Charter J. Kammerhofer; Ratification/revision options for the European Union Draft Convention B. E. W. de Witte; Nationality law of the Kingdom of the Netherlands in international perspective G.-R. de Groot; Dutch legislation with respect to international crimes R. van Elst and M. Boot; Documentation: classification scheme; Netherlands state practice for the parliamentary year, 20022003 P. C. Tange; Treaties and other international agreements to which[..] Fields of interest Public International Law; Private International Law, International & Foreign Law, Comparative Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2006. 656 p. (Netherlands Yearbook of International Law, Vol. 35) Hardcover 109,95 ISBN 978-90-6704-199-7

M. Ruffert, Friedrich-Schiller-Universitt Jena, Jena, Germany; S. Steinecke, Thuringian Ministry of Education, Science and Culture, Erfurt, Germany

Netherlands Yearbook of International Law Volume 41, 2010

Necessity Across International Law

The Global Administrative Law of Science

We live in a world of science. Yet this is impossible without a legally guaranteed freedom to practise it. Findings with regard to the elements of such freedom can be deduced from an analysis of international and domestic provisions and principles. There are a plethora of international institutions, legal rules and global norms for the purpose of the international governance of science. The institutions and rules are to be interpreted in light of this freedom to guarantee the continuous existence of the knowledge-based society by means of a global administrative law of science. These aspects were analysed in a research project funded by the German Research Foundation. The books purpose is to present the jurisprudential results. In addition, empirical results are collected in a freely available database. The study is composed of 5 parts: The Concept of Science/Global Administrative Law/Constitutional Basis: The Freedom of Science/ Institutional Design/Governance Mechanisms. Features We live in a world of science. Yet this is impossible without a legally guaranteed freedom to practise it. Findings with regard to the elements of such freedom can be deduced from an analysis of international and domestic provisions and principles. There are a plethora of international institutions, legal rules and global norms for the purpose of the international governance of science. The institutions and [..] Contents Introduction: Science as a Field of Research for International Law.- The Concept of Science.Global Administrative Law.- Constitutional Basis: The Freedom of Science.- Institutional Design.- Governance Mechanisms.- The Global Administrative Law of Science Revisited. Fields of interest Public International Law; Private International Law, International & Foreign Law, Comparative Law; Fundamentals of Law Target groups Research Type of publication Monograph Online orders shipping within 2-3 days. 2011. IX, 140 p. (Beitrge zum auslndischen ffentlichen Recht und Vlkerrecht, Vol. 228) Hardcover 59,95 ISBN 978-3-642-21358-8

The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes an overview of state practice of the Netherlands. Features The Netherlands Yearbook of International (NYIL) Law has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law, including the law of the European Union. In addition, each Yearbook provides an overview of the state practice of the Netherlands, including Dutch judicial decisions involving questions of public international [..] Contents Part 1: Articles. Necessity Across International Law.Necessity across international law - an introduction.Necessity and the use of force: a special regime.Necessity in the law of armed conflict and in international criminal law.- State responsibility, necessity and human rights.- A necessity paradigm of necessity in international economic law.Necessity in investment arbitration.- Necessity in international environmental law.- The notion of necessity in the law of the European Union.Part 2: Documentation.- Classification Scheme.Netherlands state practice for the[..] Fields of interest Public International Law; Private International Law, International & Foreign Law, Comparative Law Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XIV, 543 p. (Netherlands Yearbook of International Law, Vol. 41) Hardcover 169,95 ISBN 978-90-6704-736-4

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M. Suksi, Abo Akademi University, Abo, Finland

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O. Drr, University of Osnabrck, Germany; K. Schmalenbach, University of Salzburg, Austria (Eds.)

P. Dabrock, Friedrich-Alexander-University Erlangen-Nuremberg, Germany; J. Taupitz, University of Mannheim, Germany; J. Ried, Friedrich-Alexander-University Erlangen-Nuremberg, Germany (Eds.)

Trust in Biobanking
Dealing with Ethical, Legal and Social Issues in an Emerging Field of Biotechnology

Sub-State Governance through Territorial Autonomy

A Comparative Study in Constitutional Law of Powers, Procedures and Institutions

Vienna Convention on the Law of Treaties

A Commentary

Biobanks are promising instruments of biomedical research and of transnational medicine in particular. Ethical, legal and social issues associated with biobanking, however, have recently led to a more critical view on this concept. All efforts addressing these concerns have been grounded on wellestablished standards of biomedical ethics such as informed consent procedures, protection of individual autonomy, benefit sharing etc. By additionally highlighting the widely neglected aspect of trust, this book aims at broadening the horizon of the ELSI-debate and thus filling a gap in current research on biobanking. The contributions of leading experts and junior researchers cover a wide field of disciplines relevant for biobanking including law, ethics, medicine, public health, social sciences, philosophy and theology. Features Biobanks are promising instruments of biomedical research and of transnational medicine in particular. Ethical, legal and social issues associated with biobanking, however, have recently led to a more critical view on this concept. All efforts addressing these concerns have been grounded on wellestablished standards of biomedical ethics such as informed consent procedures, protection of individual [..] Contents From the contents: Framing the Field of Biobanking and Trust.- Ethical Issues.- Legal Issues.- Social Issues. Fields of interest Public International Law; Medical Law; Ethics; Philosophy of Medicine; Biotechnology; Biomedicine (general) Target groups Research Type of publication Proceedings Usually dispatched within 3 to 5 business days. 2012. XII, 266 p. 10 illus. (Verffentlichungen des Instituts fr Deutsches, Europisches und Internationales Medizinrecht, Gesundheitsrecht und Bioethik der Universitten Heidelberg und Mannheim, Vol. 33) Softcover 99,95 ISBN 978-3-540-78844-7

This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the land Islands in Finalnd, Scotlandin the United Kingdom, Puerto Rico in the United States of America, Hong Kong inChina, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the land conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the[..] Features This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These [..] Contents Introduction.- The Autonomy of Memel.- The Relationship between Federalism and Autonomy.Conflict Resolution in a Self-Determination Context as a General Frame for Sub-State Arrangements.The Distribution of Powers.- Participation in Decision-Making.- The Executive Power.International Relations.- Concluding Remarks. Fields of interest Sources and Subjects of International Law, International Organizations; Private International Law, International & Foreign Law, Comparative Law; Fundamentals of Law Target groups Professional/practitioner Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XXXIII, 685 p. 6 illus. Hardcover 169,95 ISBN 978-3-642-20047-2

The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth articleby-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is addressed to academia, as well as to practitioners of international law. Features The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth articleby-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into [..] Contents Introduction.- Conclusion and Entry into Force of Treaties.- Conclusion of Treaties.- Reservations.Entry into Force and Provisional Application of Treaties.- Observance, Application and Interpretation of Treaties.- Observance of Treaties.Application of Treaties.- Interpretation of Treaties.Treaties and Third States.- Amendment and Modification of Treaties.- Invalidity, Termination and Suspension of the Operation of Treaties.General Provisions.- Invalidity of Treaties.Termination and Suspension of the Operation of Treaties.- Procedure.- Consequences of the Invalidity,[..] Fields of interest Sources and Subjects of International Law, International Organizations; Fundamentals of Law Target groups Professional/practitioner Type of publication Handbook Online orders shipping within 2-3 days. 2012. LIV, 1423 p. Hardcover 249,00 ISBN 978-3-642-19290-6

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K. Mathis, University of Lucerne, Lucerne, Switzerland (Ed.) R. Siltala, University of Turku, Finland

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N. Casellas, Universitat Autonoma de Barcelona, Bellaterra, Spain

Efficiency, Sustainability, and Justice to Future Generations

Fifty years after the famous essay The Problem of Social Cost (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it meets the needs of the present without compromising the ability of future generations to meet their own needs.A key requirement of sustainable development is justice to future generations. It is still a matter of fact that the law as well as the theories of justice are generally restricted to the resolution of conflicts between contemporaries and between people living in the same country. This in turn raises a number of questions: what is[..] Features Fifty years after the famous essay The Problem of Social Cost (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which [..] Contents Preface.- Authors.- Introduction.- Part I: Law and Economics.- Consequentialism in Law; Klaus Mathis.- Consequence-based Arguments in Legal Reasoning: a Jurisprudential Preface to Law and Economics; Pter Cserne.- Is the Rationality of Judicial Judgements Jeopardized by Cognitive Biases and Empathy? Klaus Mathis and Fabian Diriwchter.- Part II: Law and Sustainability.Our Responsibility towards Future Generations; Paolo Becchi.- Future Generations in John Rawls Theory of Justice; Klaus Mathis.- What Is It Like to Be Unborn? Our Common Fate with Future Generations; Malte-Christian[..] Fields of interest Theories of Law, Philosophy of Law, Legal History; Environmental Law / Policy / Ecojustice; Law and Economics; Climate Change; Environmental Economics Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2012. XX, 240 p. (Law and Philosophy Library, Vol. 98) Hardcover 99,95 ISBN 978-94-007-1868-5

Law, Truth, and Reason

A Treatise on Legal Argumentation

Legal Ontology Engineering

Methodologies, Modelling Trends, and the Ontology of Professional Judicial Knowledge

This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wrblewskis three ideologies (bound/free/ legal and rational) and Makkonens three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the[..] Features This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wrblewskis three ideologies (bound/free/ legal and rational) and Makkonens three situations [..] Contents 1. Introduction.- 2. An Isomorphic Theory of Law: A Relation of Structural Similarity between the Two Fact-Constellations Compared.- 3. Coherence Theory of Law: Shared Congruence among Arguments Drawn from the Institutional and Societal Sources of Law.- 4. Between the Evident and the Irrational: The New Rhetoric and Legal Argumentation Theory.- 5. Philosophical Pragmatism: Law, Judged in Light of Its Social Effects.- 6. Analytical Legal Positivism: Retracing the Original Intentions of the Legislator under Legal Exegesis.- 7. Legal Realism: The Law in Action, Not the Law in Books, as[..] Fields of interest Theories of Law, Philosophy of Law, Legal History; Philosophy of Law; Linguistics (general) Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XV, 290 p. 9 illus. (Law and Philosophy Library, Vol. 97) Hardcover 99,95 ISBN 978-94-007-1871-5

Enabling information interoperability, fostering legal knowledge usability and reuse, enhancing legal information search, in short, formalizing the complexity of legal knowledge to enhance legal knowledge management are challenging tasks, for which different solutions and lines of research have been proposed. During the last decade, research and applications based on the use of legal ontologies as a technique to represent legal knowledge has raised a very interesting debate about their capacity and limitations to represent conceptual structures in the legal domain. Making conceptual legal knowledge explicit would support the development of a web of legal knowledge, improve communication, create trust and enable and support open data, egovernment and e-democracy activities. Moreover, this explicit knowledge is also relevant to the formalization of software agents and the shaping of virtual institutions and multi-agent systems or environments. This book explores the use of ontologism in legal[..] Features Enabling information interoperability, fostering legal knowledge usability and reuse, enhancing legal information search, in short, formalizing the complexity of legal knowledge to enhance legal knowledge management are challenging tasks, for which different solutions and lines of research have been proposed. During the last decade, research and applications based on the use of legal ontologies as a [..] Contents 1 Introduction.- 2 On Ontologies.- 3 Methodologies, Tools and Languages for Ontology Design.- 4 Legal Ontologies.- 5 Modelling Judicial Professional Knowledge: A Case Study.- 6 Some Final Remarks and Issues for Discussion.- References.- Index. Fields of interest Theories of Law, Philosophy of Law, Legal History; Information Systems and Communication Service; Philosophy of Law Target groups Research Type of publication Monograph Usually dispatched within 3 to 5 business days. 2011. XXII, 297 p. 70 illus. (Law, Governance and Technology Series, Vol. 3) Hardcover 99,95 ISBN 978-94-007-1496-0

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H. Kelsen, R. Potz, Universitt Wien, Austria; C. Jabloner, Verwaltungsgerichtshof Wien, Austria; K. Zeleny, Hans KelsenInstitut, Austria (Eds.)

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R. Letschert, Tilburg University, The Netherlands; J. van Dijk, Tilburg University, The Netherlands (Eds.)

A. Wagner, Universit du Littoral, Cote d'Opale, France; J.M. Broekman, Penn State University, Altoona, PA , USA (Eds.)

Prospects of Legal Semiotics

This book examines the progress to date in the many facets conceptual, epistemological and methodological - of the field of legal semiotics. It reflects the fulfilment of the promise of legal semiotics when used to explore the law, its processes and interpretation.This study in Legal Semiotics brings together the theory, structure and practise of legal semiotics in an accessible style. The book introduces the concepts of legal semiotics and offers an insight in contemporary and future directions which the semiotics of law is going to take.A theoretical and practical oriented synthesis of the historical, contemporary and most recent ideas pertaining to legal semiotics, the book will be of interest to scholars and researchers in law and social sciences , as well as those who are interested in the interdisciplinary dynamics of law and semiotics. Features This book examines the progress to date in the many facets conceptual, epistemological and methodological - of the field of legal semiotics. It reflects the fulfilment of the promise of legal semiotics when used to explore the law, its processes and interpretation. This study in Legal Semiotics brings together the theory, structure and practice of legal semiotics in an accessible style. The book introduces [..] Contents Part I Deconstructing Legal Semiotics.- Chapter 1 Legal Semiotics and Semiotic Aspects of Jurisprudence; Bernard Jackson.- Chapter 2 Firstness and phenomenology - Peirce and Husserl on Attitude Change; Jan M. Broekman.- Chapter 3 - The gift and the meaning-giving subject: a reading of Given Time; Jacques de Ville.- Chapter 4 - Resources for a Dialectical Legal Semiotics?Michael Salter.- Part II Legal Semiotics as Communication.Chapter 5 - The problems of the subjects; Louis Wolcher.- Chapter 6 - Law and governance in prophetic painting: Jackson Pollock, Mark Rothko, and Gilles[..] Fields of interest Theories of Law, Philosophy of Law, Legal History; Philosophy of Law; Linguistics (general); Logic Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XXV, 245 p. Softcover 49,95 ISBN 978-94-007-3985-7

Secular Religion
A Polemic against the Misinterpretation of Modern Social Philosophy, Science and Politics as New Religions

The New Faces of Victimhood

Globalization, Transnational Crimes and Victim Rights

Despite reworking and rewriting Secular Religion for about ten years Hans Kelsen finally withdrew the text from printing in 1964. After long and careful consideration the Hans Kelsen-Institut has now decided to lift the veil on Kelsens somewhat mysterious last book and to bring Secular Religion to a wider public. In this book Kelsen vehemently opposes any attempt to discredit modern science as failed religion, a view prominently held by Kelsens former student Eric Voegelin. Any contemporary trend towards a new de-secularization will have to face Kelsens criticism. Furthermore, as Kelsen convincingly demonstrates, any trend towards a new theologization holds the danger of totalitarianism. In this context Kelsens text from 1964 offers an excellent contribution to a current discussion. Features Despite reworking and rewriting Secular Religion for about ten years Hans Kelsen finally withdrew the text from printing in 1964. After long and careful consideration the Hans Kelsen-Institut has now decided to lift the veil on Kelsens somewhat mysterious last book and to bring Secular Religion to a wider public. In this book Kelsen vehemently opposes any attempt to discredit modern science as [..] Contents Introductionary Remarks .- Editorial Remarks.Preface .- Introduction .- Chapter I The Search for Parallelisms and Its Dangers .- Chapter II Doctrine of Progress: and Eschatology .- Chapter III Joachim of Floras and St. Augustines Theologies of History .- Chapter IV Gnosticism.- Chapter V Hobbess Leviathan .- Chapter VI The Philosophy of the Enlightenment .- Chapter VII Humes Empiricism and Kants Transcendental Philosophy .Chapter VIII Saint-Simons New Religion and Proudhons Social Theory .- Chapter IX Comtes Positive Philosophy .- Chapter X Marxs Economic Interpretation of[..] Fields of interest Theories of Law, Philosophy of Law, Legal History; Law (general); Fundamentals of Law Target groups Research Type of publication Handbook Online orders shipping within 2-3 days. 2012. XV, 292 p. Hardcover 99,95 ISBN 978-3-7091-0765-2

Besides generating wealth, globalization makes victims, including victims of new forms of crime. In this edited book of scholarly essays, international lawyers and criminologists reflect on the legal challenges posed by these dark sides of globalization. Examples include transnational organised crime, human trafficking and corruption, cyber crimes, international terrorism, global corporate crime and cross-border environmental crimes. The authors reflect on the limits of domestic systems of justice in providing protection, empowerment and redress to the victims of these emerging forms of global insecurity. They argue for the need of better international or supra-national institutional arrangements such as legal instruments and actions of the United Nations or regional organizations such as the European Union. In part I Jan Van Dijk and Rianne Letschert present an overview of trends in criminal victimization against the backdrop of globalization using a unique set of statistical indicators. By[..] Features Besides generating wealth, globalization makes victims, including victims of new forms of crime. In this edited book of scholarly essays, international lawyers and criminologists reflect on the legal challenges posed by these dark sides of globalization. Examples include transnational organised crime, human trafficking and corruption, cyber crimes, international terrorism, global corporate crime and [..] Contents Preface.- Information on the Authors.- Part I Introductions and Overviews.- Chapter 1 New Faces of Victimhood; Reflections on the Unjust sides of Globalization; Rianne Letschert and Jan Van Dijk.Chapter 2 Global Governance and Global Crime Do Victims Fall in Between?; Rianne Letschert and Marc Groenhuijsen.- Chapter 3 Human Security and the Emergence of a Global Conscience; Ralf Bodelier.- Part II Victims of Transnational Crimes.Chapter 4 Trafficking for Sexual Purposes as a Globalized Shadow Economy;Human Security as the Tool to Facilitate a Human Rights Based Approach; Conny[..] Fields of interest Theories of Law, Philosophy of Law, Legal History; Political Science, general; Psychology and Law; Law (general); Sociology, general Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XIV, 300 p. (Studies in Global Justice, Vol. 8) Softcover 39,95 ISBN 978-94-007-3896-6

springer.com
J.M. Broekman, Penn State University, Carlisle, PA, USA; F.J. Mootz III, University of Nevada, Las Vegas, NV, USA (Eds.)

Law

33

The Semiotics of Law in Legal Education

This volume assesses the role of legal semiotics in legal education. The field of legal semiotics is new and highly relevant to legal practice and to the transference of legal knowledge across generations of lawyers. The material included in this book promotes new semiotic ideas in four specific domains: the philosophical and legal foundations of the newly developed sign-directed expressiveness in law; the historical, political and semiotic dimensions of first efforts to teach Law in Pennsylvania and Virginia; gender issues and family relations in the light of legal qualifications; and economic and business approaches to cases in which trademarks are functioning as signs in law or public use of property is forwarded. Courses/workshops/seminars on law and semiotics Features This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 2011 at Penn State Universitys Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics [..] Contents Preface Semiotics in the Seminar; Jan M. Broekman, Francis J. Mootz III, William A. Pencak: 1 Introduction.- 2 The Kevelson Round Tables.- 3 The Seminar at Penn State Law.- Part 1:Philosophical Dimensions.- Introduction. Jan M. Broekman.- Chapter 1.Die Sache: The Foundationless Ground of Legal Meaning. Francis J. Mootz III.- Chapter 2. Faces Face to Face. Jan M. Broekman.- Chapter 3.Tarski, Peirce and TruthCorrespondences in Law. Paul Van Fleet.- Part 2: History, Law and Semiotics.- Introduction.Jan M. Broekman.- Chapter 4. History and Semiotics: Preliminary Thoughts.William[..] Fields of interest Theories of Law, Philosophy of Law, Legal History; Philosophy of Law; Literacy; Linguistics (general); Business & Economics (general) Target groups Research Type of publication Contributed volume Usually dispatched within 3 to 5 business days. 2011. XVI, 250 p. 26 illus., 1 in color. Hardcover 99,95 ISBN 978-94-007-1340-6

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