The most profound reform of social policy in Germany during the last decade was the labour market reforms 2003/4. It was initiated by a reform commission chaired by Peter Hartz (Volkswagen) and its motifs and results are still controversial today.This book identifies these reforms by illustrating the international and European context. It unveils parallel developments in the Netherlands, Denmark, the United Kingdom and France, and shows to which extent the German reform had been driven and enhanced by the European Employment Strategy.The study does not focus on the details of the reform but its new elements: case, management, conditional social benefits, obligations to cooperate and sanctions. It shows that its leitmotif is not neoliberal but communitarian.

The Law of the Activating Welfare State

Nomos/Hart

A detailed critical analysis of the CISG, OHADA and CESL as models for the harmonisation of sales laws in the SADC region. The study is cutting edge research on SADC and the application of its legal and institutional framework towards creating and implementing community laws.This study focuses on the need to harmonise the law of international sale within the SADC region in order to facilitate international trade with the aim of fostering regional integration, economic development and alleviating poverty. This study addresses the mechanisms by which such harmonisation could be achieved by analysing three models which have been selected for this purpose, namely the CISG, the OHADA and the proposed CESL. The main issues addressed include whether SADC Member States should adopt the CISG, join OHADA, emulate the CESL or should use any of the other instruments as a model for creating a harmonised sales law for SADC. In conclusion, it is observed that SADC has its own institutional and operational mechanisms that require a process and instrument tailor-made for the unique needs of the region. It is recommended that SADC should create its own common sales law based on the CISG but taking into account lessons learnt from both the OHADA system and the CESL. A number of legislative, institutional and operational transformative and reform mechanisms are recommended to enable the creation of such a community law and ensure its uniform application and interpretation.

Harmonising Regional Trade Law in the Southern African Development Community (SADC): A Critical Analysis of the CISG, OHADA and CESL (Recht Und Verfassung in Afrika - Law and Constitution in Africa)

Shumba, Tapiwa

Foreign & International Law

European contract law is not only a key aspect of European private law but also plays a highly important role in the development of contract law at national level. However, European contract law is often an unfamiliar subject as its content, methods and objectives are overshadowed by national laws. This book therefore provides fundamental information about the content, methods and objectives of European legislation in the field of contract law and explains the interaction between the legislator, judges and academics during the creation of European contract law. It attempts to show how a system arises from the dialogue between the different sources. It therefore focusses not only on current EU legislation but also the extensive preparatory works in which the authors of this book were actively involved. [Subject: European Law, Commercial Law, Contract Law]

European Contract Law

Schulze, Reiner

Zoll, Fryderyk

This work represents a systematic and practical analysis of the relevant rules, matter and terminology of international sales law. Written for practitioners as well as researchers and students the manual offers a comprehensive and in-depth overview of the relevant legal international and national regulations, taking into account the practice-relevant topics and the relevant soft law regulations.The international and comparative law character of the work is reflected in the consideration of such international regulations such as the CISG, the Principles of European Private Law (PECL), the Principles of International Commercial Contracts (UNIDROIT principles) and the proposal to create a common European Sales law (GEK) from the year 2011. In addition, an overview of the differences in terms of the purchase option between common law and civil law jurisdictions and between each important national right is offered.

International Sales Law: Contract, Principles & Practice

Freedom of expression in abstraction is easily professed, yet often controversial and unsatisfying. As states attempt to balance the interest of liberty, speech is often at the intersection. In its practical application, it is easy to lose sight of the interest of expression, as the damage of the expression is much more concrete than that of the abstraction of speech idea is. This work is a unique, comprehensive study of sexualized speech regulation, reviewing the paradigms of enforcement and looking forward to determine how governments will react to challenges in an interconnected world. A challenge will be to find a balance between freedom of expression and protection of societal interests. Challenges of the freedom of expression are many and often. Often restrictions seem reasonable and justified. The ideal of free expression is often more noble than the speech that is suppressed. It is particularly because of the unpopularity of some of this sexualized speech and some speakers that eternal vigilance may be required.

Regulation of Sexualized Speech in Europe and the United States (Luxemburger Juristische Studien / Luxembourg Legal Studies, 6)

Siry, Lawrence

Preventing contributions to serious human rights violations in the course of business activity is a matter of prime importance to the international community. With a view to business actors providing infrastructure, funding or other means for the commission of crimes, this study presents concepts for assessing their individual responsibility under the Rome Statute of the International Criminal Court. To this end, the author expands upon foundational German scholarship and scrutinizes the Court's jurisprudence on commission and civilian superior responsibility, in particular its recourse to the control over the crime theory. The book examines the necessity to exempt socially valuable business activity from such responsibility from a human rights perspective. An interdisciplinary approach to the proposal to extend the Court's jurisdiction to corporate actors identifies as a major obstacle to statutory reform the unresolved conflict between diverging views on the reality of organizations.

Crimes of Business in International Law: Concepts of Individual and Corporate Responsibility for the Rome Statute of the International Criminal Court ... Internationalen Und Europaischen Strafrecht)

Schmidt, Thomas M

Criminal Law

This volume presents an accessible overview of the current state of the legislation on the freedom of assembly in eleven selected member states of the Venice Commission: the UK, France, the US, Belgium, Germany, Turkey, the Russian Federation, the Ukraine, Poland, Hungary and Tunisia. The volume may serve as a work of reference for the researcher or practitioner who seeks specific information on the legal bases, restrictions, or implementation of the freedom of assembly in a specific country or on more recent themes such as the legal implications of flashmobs. It is also a helpful starting point for anyone interested in comparing the state of assembly legislation in Europe and beyond. Next to information on details of the domestic regulation of assemblies, each study contains information on recent events, changes and debates on the laws on assemblies. Examples are the handling of the Arab spring in Tunisia, freedom of assembly-implications and management of the Gezi Park protests in Turkey, or the constitutional upheavals in the Ukraine.

The Freedom of Peaceful Assembly in Europe (Beitrage Zum Auslandischen Und Vergleichenden Offentlichen Recht, 35)

The creation of a single digital single market is one of the key objectives of the European Commission. The work deals with the challenges for European contract law in the areas of 3D printing, sharing economy and Internet of Things. The proliferation of digital products, and particularly the Internet of Things, the sharing economy and of 3D printing make the legislator and jurisprudence with new challenges. The band is made up in this context, inter alia, with the impact on contractual obligations, the effects of the contractual and non-contractual liability as well as the notion of consumer apart.

Digital Revolution: Challenges for Contract Law in Practice

This book considers jurisdictional issues on violations of personality rights through the Internet under the so-called 'Brussels-Lugano Regime' and centres on the special rule of jurisdiction in matters relating to tort, delict, or quasi-delict. It notes the governing objectives and underlying principles of this special rule; analyses its interpretation through the judgments of the ECJ, especially Bier, Shevill, and eDate and Martinez; and explores views expressed in legal theory and national judicial practice regarding its application for localising online violations of personality rights.The book aims to examine how the eDate and Martinez approaches advance administrability, predictability, and litigational justice and to assess whether they are suitable jurisdictional bases in Europe, where common legal norms, interests, and values increasingly integrate and connect persons. It concludes that they are not and recommends their possible reform.

Violations of Personality Rights through the Internet: Jurisdictional Issues under European Law (Schriften Des Europa-instituts Der Universitat Des Saarlandes - Rechtswissenschaft, 101)

Márton, Edina

Amicus curiae participation in international courts and investment arbitration tribunals is increasing despite lack of clarity on the concept's nature, function and added value in international dispute settlement. The book examines the laws and practices of amicus curiae to assess the concept's status quo, and to determine if it meets the many expectations. Does it infuse proceedings with alternative views and the public interest? Does it increase the legitimacy and transparency of international dispute settlement, or the coherence of international law? Or does it derail the proceedings at the expense of the parties to advance its agenda? The book argues that neither the expectations nor the concerns attached to amicus curiae have materialized. It shows a hesitation by courts with a strong adversarial tradition to consider the views of non-parties, and argues that amicus curiae is not the best vehicle to present a public interest or increase legitimacy. However, it can improve judicial decisions and decision-making if regulated and used properly.

Amicus Curiae Before International Courts and Tribunals (Successful Dispute Resolution)

Wiik, Astrid

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