Bøger i SpringerBriefs in Law serien

This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy.

The analysis of the formation processes and manifestations of political culture in the domain of international relations and organization lacks a concrete theoretical and methodological framework.

It suggests that the status quo under competition law is unsatisfactorily short sighted and that the EU should take a holistic approach (including information markets) to the analysis of competition law, reflecting consumer protection and fundamental rights aspects in the assessment.

This work explores the operation and regulation of copyright collective management in Nigeria.

Chapter 4 argues that legal scholarship - or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal - can be, and indeed is, used as a source of law in modern legal systems.

Pakistan has recently reformed its arbitration laws and laws on the recognition and enforcement of foreign arbitration agreements and awards.

The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; Individuals and states are not obliged to come to the aid of stricken individuals and states.

It shows that, despite the newly adopted "second-generation" legislative acts which include changes aimed at ensuring a stronger level of protection for asylum-seekers, the reform process at European level does not adequately ensure an equal standard of protection across all Member States.

This book presents a definition of terrorism that is broad and descriptive and much needed to prevent misunderstanding. Following this, the book identifies and evaluates international responses to terrorism, taking into account General Assembly and Security Council resolutions, United Nations conventions and criminalization in international law.

This book provides a look at the various nuances of the commercial aspects of space transport and offers a workable and practical legal and regulatory approach to be taken by the International Civil Aviation Organization.

This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis.By applying a multi-disciplinary approach that combines consumer's psychology and seller's drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion).It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power.In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole.

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.

The European Stability Mechanism before the Court of Justice of the European Union

This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4.

This book is a comparative legal study of the private and public art collections in various states of the world, covering the most important issues that usually arise and focusing on the differences and the similarities of the national laws in the treatment of those issues.