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Towards a Sustainable European Company Law
No one doubts any longer that sustainable development is a normative imperative. Yet there is unmistakably a great reluctance to acknowledge any legal basis upon which companies are obliged to forgo 'shareholder value' when such a policy clearly dilutes responsibility for company action in the face of continuing environmental degradation. Here is a book that boldly says: 'Shareholder primacy' is wrong. Such a narrow, short-term focus, the author shows, works against the achievement of the overarching societal goals of European law itself. The core role of EU company and securities law is to promote economic development, notably through the facilitation of market integration, while its contri...
A True European
Judge David Edward has enjoyed a glittering career. After a substantial,successful period in Scotland, both as a practising advocate and professor of EC law, he was appointed to the Court of First Instance upon its creation in 1989. He was subsequently appointed to the Court of Justice where he has served for many years. This book has been prepared in honour of his retirement from that position in December 2003. The contributions reflect all aspects of Judge Edward's career as a lawyer, both in Scotland and in Luxembourg. In keeping with the respect with which he is held, contributions have been received from eminent members of the Scottish and Luxembourg judiciary, academics and practitioners. Not surprisingly, the main focus is on Community law, with important contributions on competition, institutional, substantive and remedial issues. This book will be an essential addition to the library of anyone with a genuine interest in Community law.
EU Law and the Harmonization of Takeovers in the Internal Market
Although some provisions of the Directive are obligatory for all Member States, two key provisions have been made optional: the non-frustration rule, which requires the board to obtain the prior authorization of the general meeting of shareholders before taking any action that could result in the frustration of the bid; and the breakthrough rule, restricting significant transfer and voting rights during the time allowed for acceptance of the bid. Other relevant legal issues covered in the course of the analysis include the following: A { the right of establishment as a right of legal persons; A { vertical vs.
Models of Religious Freedom
In this thesis, the US, Swiss, and Syrian models of religious freedom are illustrated in legal settings. The Analytical Representation comprises more than statements of positive law or mechanical comparison. Each chapter is introduced by thought-forms predominant in the respective legal culture. The objective of the Methodological Representation is to investigate the logic and legitimate pattern by which the US and Swiss judiciary come to the conclusion that an alleged interference is covered under the right to religious freedom. The last dimension, which is the Eclectic Representation, pursues a dual aim. Firstly, the idea is to develop an actual guideline of religious freedom rules, and secondly, to evaluate how much religious freedom is internalized in the US, Swiss, and Syrian legal systems. Dissertation. (Series: ReligionsRecht im Dialog - Vol. 12)
The principle of non-discrimination in international and European tax law
The principle of non-discrimination plays a vital role in international and European tax law. This dissertation analyses the interpretation given to that principle in tax treaty practice and in the direct tax case law of the Court of Justice of the European Union (ECJ) on the fundamental freedoms. The objective of this analysis is twofold: to give a clear and thorough overview of both standards and to determine whether they share a common, underlying principle of non-discrimination. In order to achieve these objectives, a comprehensive selection of case law is discussed from the perspective of the two constitutive elements of discrimination, comparability and the existence of different treatment. Moreover, attention is drawn to the question whether a domestic measure that is found to be discriminatory may nevertheless be justified on the basis of reasons of public interest. Finally, the possible interplay between both standards is addressed.
B2C Arbitration: Consumer Protection in Arbitration
Consumer protection has become a phenomenon of the past years and the combination of consumer protection and arbitration is especially sensitive. Some countries experience tens of thousands of consumer arbitrations each year while others significantly limit or even entirely exclude arbitration in consumer disputes. Many countries have undergone certain reforms in consumer disputes, the main objective of which is the protection of consumers in arbitration. The controversial variable is the degree of protection to be afforded to the consumer, both under the applicable substantive law and in procedural terms. These are the main issues addressed in this book. Apart from the key topic, the author...
Progress in Pattern Recognition, Image Analysis, Computer Vision, and Applications
This book constitutes the refereed proceedings of the 16th Iberoamerican Congress on Pattern Recognition, CIARP 2011, held in Pucón, Chile, in November 2011. The 81 revised full papers presented together with 3 keynotes were carefully reviewed and selected from numerous submissions. Topics of interest covered are image processing, restoration and segmentation; computer vision; clustering and artificial intelligence; pattern recognition and classification; applications of pattern recognition; and Chilean Workshop on Pattern Recognition.
Lived Theology
The common priesthood is one of the central concepts of Protestant ecclesiology--and yet it remains a marginal phenomenon in practical theological discourses. The unwieldy wording and the theologically dense conception make it difficult to talk about. For that reason, the question arises as to how "priestesses" and "priests" show themselves today, what life plans they have, and what their lived theology looks like, which must again and again change and prove itself in everyday life. This lived theology is at the center of Sabrina Muller's attention. Such theology focuses not on the traditional forms of church alone, nor is there a return to parochial core church structures. Rather, religious...
EU Equality Law
The focus of this book is the evolution of EU policies designed to realize specific fundamental rights, and how this is delivered in EU equality law.
Public Services in EU Law
Comprehensive analysis showing that utilities and welfare services are important building blocks for the EU social market economy.
