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This book provides for a comprehensive overview of the various areas of European labour law: fundamental rights, free movement of workers and posting, equal treatment, a-typical forms of employment, collective bargaining and collective agreements, restructuring of enterprises and health and safety.

Based on national reports by family law experts from more than 20 European jurisdictions, The Principles of European Family Law Revisited provides an insight into recent developments in family law in Europe in the areas of divorce, maintenance between former spouses, parental responsibilities, property relations between spouses and de facto unions. This book presents a comparative analysis between these developments and the five sets of Principles that the Commission of European Family Law has established in these areas over the last 20 years. The Principles of European Family Law Revisited contains a wealth of information for comparative family lawyers in academia or practice, with the comparative charts in particular providing a useful reference for comparative research. Additionally, in a move that marks a historical first in legal publishing, this book reproduces all the CEFL Principles in one collective volume.

Do donor-conceived children have a right to know the identity of their sperm or egg donor or should donors have a choice to remain anonymous? What does relinquishing donor anonymity mean for establishing parentage? Should laws regulating access to donor information have a retroactive effect? What are the experiences of children conceived with donor sperm? How can we prepare prospective parents for raising a donor-conceived child? Finally, how can we facilitate contact between children and their donors? These are some of the questions that are discussed in this book, which is the result of a multidisciplinary seminar on the right to identity and access to information about genetic origins and parentage, organised by RETHINKIN_, a Scientific Research Network (WOG) 2015- 2024 of the Research Foundation Flanders. The Right to Identity and Access to Information on Genetic Origin and Parentage explores the right to identity from an international human rights perspective and compares the national regulations of states that have waived donor anonymity. It describes different legal paths to discover or establish one's genetic origins. In addition to legal analyses, the book includes findings from psychological research on the experiences of (intending) parents, donor-conceived people and donors. Moreover, this book not only delves into the theoretical framework, but, additionally, assesses the practices of counselling, registration and providing information, and DNA databases. In particular, the last two chapters focus on experiences in the Netherlands, which may be valuable for other jurisdictions developing regulations surrounding the knowledge of origins. INGRID BOONE is Professor of Family Law at the KU Leuven Faculty of Law and Criminology, Belgium. Her research focuses on the legal design and consequences of the parent- child relationship in various family forms. She is a member of the KU Leuven interdisciplinary Child & Youth Institute. She is also a member of RETHINKIN_ (rethinking legal kinship and family studies in the Low Countries), a scientific research network of the Research Foundation Flanders. MACHTELD VONK is Full Professor of Family Law at the Law Faculty of Radboud University Nijmegen, the Netherlands. Her research focuses on parent- child relationships in contemporary family law, particularly from a multidisciplinary or comparative perspective. She is a substitute family judge in The Hague's Court of Appeal.

A Hague Convention on Jurisdiction and Judgments (1992- 2001): Why did the Judgments Project Fail? provides the first comprehensive analysis of the question of why the original Judgments Project of the Hague Conference on Private International Law failed in 2001. The ' Judgments Project', sometimes referred to as the holy grail of private international law, was a remarkable and important undertaking. Its purpose was to create a global regime to secure the recognition and enforcement of foreign judgments in civil and commercial matters, as well as globally applicable rules on international direct jurisdiction, determining which national courts can hear international civil and commercial proceedings. Key players in the project included the member states of the European Community and the United States of America. By applying an interdisciplinary approach of legal analysis and project management, the book demonstrates that the preparation and management of the pre-negotiation phase of the project were not commensurate to the complexity of the endeavour, which is likely to have contributed substantially to the discontinuation of the project. The patterns of previous successful Hague Conference project management, as demonstrated by the work on the 1980 Hague Child Abduction Convention and the 1993 Intercountry Adoption Convention, are also analysed, with the perspective that these patterns, which comprised an assessment of the need for and the desirability of new convention projects, as well as their technical and political feasibility, were largely absent from the Hague Judgments Project. Determining why the Hague Judgments Project failed is important not only from the perspective of legal history, but also for future efforts to unify grounds of jurisdiction on a global level. As this book shows, unifying grounds of jurisdiction on a global level is not an impossible undertaking. Rather, in order to create a successful instrument on jurisdiction, it is vital that the right lessons are drawn from the failed Judgments Project. This book will therefore be of interest for policymakers and legal scholars working on the unification of rules of international direct jurisdiction and rules concerning the recognition and enforcement of foreign judgments in civil and commercial matters. By illustrating that the failure to adopt an approach guided by sound project management principles is likely to have contributed to the failure of the negotiations, this book also contributes to the literature on international relations and successful treaty-making at international conferences and in international organisations. DR EVA JUEPTNER is a Lecturer in Law and Baxter Fellow at the University of Dundee (Scotland, United Kingdom). Prior to joining the University, Eva worked at the Institute for Private International Law and Civil Procedure at the University of Bern (Switzerland). Eva's research focuses on private international law in general, and on issues of international jurisdiction and the recognition and enforcement of foreign judgments in civil and commercial matters in particular.

Criminal procedure includes a variety of procedures concerning investigating, adjudicating and sentencing suspects. The criminal justice system encompasses several actors and institutions and they all have their own specific role. Whereas criminal justice systems may differ greatly, many of the issues they face are the same. This poses questions such as under which conditions may investigations take place? What conclusions can be drawn from the collected evidence? What should happen if such rules are not respected? In addition, criminal procedure empowers citizens with rights in their relation to the state. How criminal justice is organised and the design of criminal procedure depends on the legal system in question: each has its own history, institutions and actors, principles, values and ways of organising state power to respond to criminal offences.

The recently recast Council Regulation No 2019/1111 (' Brussels II-ter' ), which came into force in August 2022, is the key EU family law Regulation. It governs jurisdiction, recognition and enforcement in matrimonial matters (principally divorce), matters of parental responsibility (principally, custody and access), and international child abduction. This book provides an in-depth discussion of this complex Regulation. Written by three renowned experts, this comprehensive analysis benefits from the collective scope of their experience and knowledge not only of their jurisdictions (Italy, Sweden and the UK) but also more generally of international family law and private international law. Brussels II-ter: Cross-border Marriage Dissolution, Parental Responsibility Disputes and Child Abduction in the EU provides not only a clear exposition of the Regulation's provisions, but also supplies a critical evaluation of these, highlighting the undoubted improvements made by Brussels II-ter while simultaneously exploring its more problematic aspects. An exposition of the relationship between the EU and the UK following Brexit concludes this volume.

Marking the centenary of the death of Albert Venn Dicey, this book addresses the implications and influence of his work in the 21st century, assessing also the late-19th-century context that shaped his attitudes, opinions and writing. Dicey's Introduction to the Study of the Law of the Constitution (1st ed, 1885, 8th ed, 1915) is a cornerstone of modern constitutional law scholarship in the UK and worldwide; his Conflict of Laws (1896) quickly became the authoritative work in private international law (today, Dicey, Morris & Collins on the Conflict of Laws (16th ed, 2022)). These titles, together with his works on law and politics and his influence as Vinerian Professor of English Law in the University, made him an influential, and in some respects controversial, figure during his lifetime and in the following century. In this volume, 12 leading experts in areas in which Dicey immersed himself contribute to the understanding of his ideas and their influence, 100 years after his death in 1922. The book is presented in four parts, addressing Dicey's contributions to legal education; the constitution; conflict of laws; and political thought. The contributions present a modern synoptic view of the work of this leading figure in its context, which pays close attention to the ways in which his ideas have shaped the law and politics for the future. ANDREW DICKINSON is Professor of the Conflict of Laws and Fellow of St Catherine's College, University of Oxford, United Kingdom. TIMOTHY ENDICOTT is Vinerian Professor of English Law and Fellow of All Souls College, University of Oxford, United Kingdom. WOLFGANG ERNST is Regius Professor of Civil Law and Fellow of All Souls College, University of Oxford, United Kingdom. SOPHIE RYAN Is a Rhodes Scholar and DPhil in Law candidate, University of Oxford, United Kingdom.

Over the past two decades, various jurisdictions around the world have created new specialised domestic courts to manage international commercial disputes. Located in the Gulf region (Abu Dhabi, Dubai, Qatar), in Asia (Singapore, China, Kazakhstan) and in Europe (Germany, France, the Netherlands), these courts enrich the current landscape of the resolution of international commercial disputes. In particular, they present themselves as alternatives to litigation before ordinary courts, on the one hand, and to international commercial arbitration on the other. This book studies international commercial courts from a comparative perspective through various strands of inquiry. First, it offers a detailed analysis of the reasons for the creation of these courts and examines their jurisdictional, institutional and procedural features, answering questions such as: what are the disputes that international commercial courts hear? Who sits on the bench of these courts and who may argue cases? How do international commercial courts conduct their proceedings, and how different are the proceedings within ordinary courts? Second, to complement the first line of inquiry, the book scrutinises the motivations and/or constraints of jurisdictions that have decided against launching their own versions of ' international commercial courts' . Finally, and most crucially, it systematically reviews the impact and the success of international commercial courts, addressing questions such as: what are the metrics of success, and is success wholly dependent on size of the docket? What role do the courts play in international commercial dispute resolution? What contributions can we expect from them in the future? Are these courts necessary? In addressing these questions, this text advances our understanding of the role of international commercial courts in the resolution of cross-border disputes. MAN YIP is a Professor of Law, Associate Dean (Faculty Matters & Research) and the V3 Group Professor in Family Entrepreneurship at the Yong Pung How School of Law at Singapore Management University. She graduated with an LLB from the National University of Singapore and obtained her BCL from the University of Oxford, where she was in residence at Keble College. Her research has been cited by the Singapore Court of Appeal, the Singapore High Court and the High Court of England and Wales. GIESELA RÜ HL is a Professor of Law at Humboldt University of Berlin, Germany. She is a member of the European Law Institute, the International Academy of Comparative Law and the European Academy of Sciences and Arts. She serves as the Secretary General of the European Association of Private International Law (EAPIL). Her research has received awards from the Max Planck Society, the German National Academy of Sciences Leopoldina and the American Society of International Law.

Climate change litigation is one of the most transformative phenomena of the current age. As the climate change crisis unfolds, lawsuits aimed at holding states and private actors accountable for tackling global warming are rising both before European domestic courts and regional courts, such as the Court of Justice of the European Union and the European Court of Human Rights. This book offers a comprehensive account of climate change litigation in Europe, both within and outside European Union borders. Climate Change Litigation in Europe addresses the multi-faceted phenomenon of climate change litigation from a threefold perspective. First, it analyses the developments of climate change litigation before supranational courts in Europe. Second, it provides a comparative analysis of existing climate change litigation cases across European jurisdictions. Finally, it unpacks sectoral and procedural legal regimes relevant to current and future climate change litigation. It is an essential reference for anyone interested in the latest developments in climate change litigation within Europe.

The world is in a state of flux, and the wellbeing of humanity is challenged by old and new conflicts, climate change and a general threat to the rule of law and democracy. These challenges require novel and innovative approaches in relation to the interpretation of existing human rights frameworks if the impact of these new threats is to be mitigated. The European Yearbook on Human Rights 2023, Re-thinking Human Rights, brings together renowned scholars, practitioners and emerging voices to the discussion on the importance of changing our understanding of human rights and their fulfilment for the collective benefit of humanity in this time of constant change.

This volume examines the broad range of ventures that pursue business goals that straddle the boundaries between pure altruism and the self-interest of their owners. Reports from legal experts on a diverse array of countries detail their significance in the starkly different legal contexts in which these social enterprises exist.

This textbook deals with the foundations and key issues of corporate insolvency law and approaches the topic from a comparative perspective, i.e. it does not concentrate on one insolvency law in particular but rather introduces the relevant rules from various jurisdictions, primarily England (and Wales), France, Germany and those of the USA. It is case focused and designed for learning and teaching corporate insolvency law. The 2nd edition covers the latest case law and developments in the topic. " It is clear that extensive research went into this book and that it is an extremely valuable step forward in learning on the topic. It will be very helpful to all those who embark on a study of insolvency and restructuring law and I have no doubt that it will find its way in academia and practice." From the Foreword by Professor Michael Veder, Radboud University PROF. DR. REINHARD BORK is Professor of Law at the University of Hamburg, Germany, where he held the chair for Civil Procedural Law until 2022. He has held the position of Dean of the Law Faculty, was Robert S. Campbell Visiting Fellow at Magdalen College Oxford twice, and is currently also Visiting Professor for International Insolvency Law at Radboud University Nijmegen/the Netherlands and Senior Research Fellow, Commercial Law Centre, Harris Manchester College, Oxford/UK. He has previously served as a judge at the Upper State Court (Court of Appeal) in Hamburg, the Commercial Law Division. He has considerable experience as an arbitrator in national and international cases. PROFESSOR BORK is the author of Principles of Cross-Border Insolvency Law, a groundbreaking study on the impact of basic tenets underlying international insolvency law. which was published by Intersentia in 2017. He co-authored - together with Professor Michael Veder - Harmonisation of Transactions Avoidance Laws, also published by Intersentia in 2022.

This book provides for a comprehensive overview of the various areas of European labour law: fundamental rights, free movement of workers and posting, equal treatment, a-typical forms of employment, collective bargaining and collective agreements, restructuring of enterprises and health and safety.

This book includes a general report and a series of special national reports that discuss trends in the judicial enforcement of economic, social and cultural rights worldwide.

The principles of independence and impartiality are fundamental to the proper administration of justice. This book examines how these principles are implemented in a variety of settings: in national courts of selected jurisdictions, international courts and international arbitration.

20 years after the 1999 EU sales law harmonization an extensive and future oriented reform has occurred with the 2019 Sale of Goods Directive. The reform infused features of durability, sustainability and digitalisation into classical sales law, transforming the contract into a long-term relationship, also forcing an adaptation of distribution networks.

This book focuses on the financial and economic law framework regarding virtual currencies or crypto-assets in Europe. It establishes a typology of virtual currencies or crypto-assets and assesses whether they can be considered as money. It analyzes whether the existing EU legal frameworks on electronic money, payment services, anti-money laundering, and markets in financial instruments can be applied to virtual currencies or crypto-assets. A functional comparison is made to the US, where more regulatory initiative has been identified.

Administrative silence, also known as formal inactivity of the administration, is an important topic in the field of comparative administrative law and has gained recognition in many legal systems around the world. It is seen as a necessary tool for the protection of individual rights and, in many jurisdictions, it is considered a constitutional guarantee that citizens have against the powers of administrative authorities. Many international human rights treaties impose a duty on these authorities to respond to citizens petitions. However, when there is a failure in this duty by an administrative authority, there is a requirement to determine how this has happened and the consequences of this failure. This book provides an overview of the concept of administrative silence, its importance in protecting individual rights, and explores how it is recognised and applied within 21 jurisdictions around the word. It is a useful reference for anyone interested in the subject and it aims to improve knowledge on the topic and gives it the attention that it deserves within the framework of comparative administrative law.

This book provides comparative insights into how the rules of civil procedure can be contractually modified. Reports covering 20 jurisdictions discuss, among other topics, choice-of-court costs, appeals, access to evidence, and ADR agreements. It explores the nexus between contractualisation and other current trends in civil litigation.

Il s'agit d'un livre travers lequel l'Acadmie internationale de droit compar clbre l'extraordinaire contribution au droit compar par cinq remarquables juristes.This is a book through which the International Academy of Comparative Law celebrates the extraordinary contribution to comparative law by five remarkable jurists.

Taxation is a tool for guiding behaviour, which makes it possible to best preserve the environment and the worlds natural resources for future generations. This book shows, based on an analysis of 30 different countries, how taxation can play a decisive role in climate change mitigation.

The book demonstrates that the existing right to the highest attainable standard of health is inadequate to fully promote and protect the right to mental health, particularly regarding access to quality mental healthcare. Relevant additional human rights in the Convention on the Rights of Persons with Disabilities are examined to address these shortcomings.

This book identifies economic and behavioral drivers and barriers of servitization as well as the main legal challenges in the servitization process (i.e. using products (servitization, access-based consumption).

This book comprises chapters by key legal scholars and practitioners from the Americas, Europe, Asia, Oceania and Africa. It examines the evolution, theoretical constructs and institutional features of legal capacity, as well as the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law. The book also explores emerging and persistent legal questions, as well as the challenges in conceiving, designing and implementing more comprehensive reforms in legal capacity regimes.

This book provides a comparative constitutional analysis of the relationship between freedom of speech and disinformation. In particular, it assesses the constitutional challenges to balance freedom of speech and falsehood, and the approaches adopted to deal with the spread of disinformation.

This doctoral research compares the retention of title in Belgium with the retention of title in the United States, Germany and two international instruments (the UNCITRAL legislative guide and model law on secured transactions and Book IX of the Draft Common Frame of Reference. It evaluates the application of the functional approach to retention of title and formulates recommendations concerning the regulation of retention of title in Belgian law.

This is a pioneering study comparing university-level and professional online legal education across 13 jurisdictions from the Asia-Pacific region, Europe and beyond before and especially after the COVID-19 pandemic. The book examines developments in legal professions and traditions, university funding and ICT infrastructure.

This book canvasses the laws regarding surrogacy in Latin American jurisdictions, putting the legal developments into their historical and social contexts. It also categorises the approaches taken and compares them to developments around the globe.