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Rethinking the Law School
Written by a former dean, this book offers a unique understanding of challenges facing legal education, research, publishing and governance.
Universals of Legal Reasoning by Judges
How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.
Cross-Border Security over Tangibles
As cross-border trade and cross-border financing continue to increase while security rights over tangible property are governed by the law of the place where the moveable is situated, comparative knowledge of national secured transactions law is crucial for everyone using security rights over tangibles in a cross-border context. This book provides an in-depth examination of the key issues that arise when security rights are created, perfected and enforced in different European countries. Authored by experts on German, English, Dutch, French, Belgian, Italian and Spanish law, the national reports use practical cases and highlight differences and similarities. A special focus is placed on the ...
Advanced Introduction to Private International Law and Procedure
Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? Advanced Introduction to Private International Law and Procedure addresses these questions through a comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union.
Brexit
This timely book presents international and interdisciplinary perspectives on the dynamics, trajectories and consequences of Brexit. Focusing on the interaction of legal and economic issues, it evaluates the relevance of non-economic expectations and ‘red lines’ involved in the process of the UK’s exit from the EU.
Trade Usages and Implied Terms in the Age of Arbitration
If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing. Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in t...
The Formation and Transmission of Western Legal Culture
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their p...
Peace Treaties and International Law in European History
In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
The Constitutional Framework for Enhanced Cooperation in EU Law
Enhanced Cooperation allows a group of Member States to use the EU’s competences and institutions to pursue a project within the Union’s framework that is binding only on the participating States while remaining an EU act. Introduced by the Amsterdam Treaty, this tool of flexible integration was not used until 2010. In The Constitutional Framework for Enhanced Cooperation in EU Law, Robert Böttner analyses the primary-law framework of this flexibility tool. On the basis of profound literature review and against the background of recent Member State practice, the author redefines the constitutional rules of Enhanced Cooperation. He draws conclusions on this tool’s legal limits, but also its potential for European integration.
A Critical Mind
This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.
