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This book provides a comparative legal study of the concept and content of joint parental authority after divorce and the breakup of a relationship in Dutch and Danish law. In addition, the Principles Regarding Parental Responsibilities which have been drafted by the Commission on European Family Law (CEFL) are taken into account. The knowledge provided by this study serves various purposes. First, it contributes to the ongoing debate concerning the convergence of family law in Europe and the related discussions concerning the desirability and feasibility of its harmonization. It also provides inspiration for national debates concerning the construction and content of joint parental authority and contact. Finally, Joint Parental Authority offers a micro-comparative study of the family law systems of Denmark and The Netherlands, which to date has never been the subject of a direct comparison.
In the media law field, we are all confronted more and more frequently with the term horizontal regulation. What exactly is meant though by horizontal regulation? Does it already exist in the audiovisual field, particularly in EC law, and, if so, how does it work? What are its limitations? This edition provides some answers to these questions. In five articles, it describes "horizontal" rules in five different subject areas and compares and analyzes them.--Publisher's description.
Since the adoption of the 1989 UN Convention on the Rights of the Child, all children in the world have rights that are protected by states ? at least in theory. In practice, children?s rights are grossly violated on a daily basis and on a global scale. Studies in children?s rights struggle to find why this is the case, and what can be possibly done to change this situation.00This publication proposes that a better understanding of children?s rights violations may be achieved if looking at law from a child?s perspective. This means that a researcher has to go beyond the analysis of international conventions and national law, to include what is perceived as law by children. This book presents...
Business has become more international and as a consequence Belgian business contracts are increasingly being concluded in English. This reference book brings together a number of contracts that are governed by Belgian law but drafted in English. Each model is preceded by a short introduction summarizing the most salient provisions of Belgian law relevant to that particular contract. Also, in most models, different options and alternative wording are included. The templates in this book will serve as a useful guidance for drafting a number of contracts and clauses under Belgian business law.
Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
"This handbook ... fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands. Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defences, inchoate offences). Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control"--Back cover.
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Hanns Ullrich, this highly renowned legal scholar, has had a tremendous influence on legal research and the development of the law in the fields of both Technology and Competition. His expertise dates back to the late 1970s and early 1980s, when he served as a member of the research staff at the Max Planck Institute for Intellectual Property in Munich. In 1985, he became professor of law at the "Universität der Bundeswehr", Munich, and finally, in 2000, professor at the european University Institute, florence. He has acted as visiting professor at a number of Universities around the worldincluding, in particular, the College of Europe, Bruges. The authors of the contributions in this book feel greatly indebted to Hanns Ullrich. Much earlier than others, he recognised and explained that, in the absence of pressure from competition, intellectual property will not be able to fulfil its mission of enhancing innovation. In concentrating on the fields of interest of this eminent scholar, the contributions address a number of the most burning issues of the regulation of intellectual property, competition law and, of course, the application of competition law to IP-related cases.
The European Union has gone through a crucial period marked by growing anti-EU sentiments and the difficult implementation of its largely renewed socio-economic governance. After years of in-depth innovations and the hope of reinvigorating the E(M)U social dimension, European institutions have engaged in a lively debate on how to exit the recession and relaunch the integration project. While most Member States have continued to pursue punitive austerity programmes – at a time when 27 million Europeans are unemployed and a quarter of the EU population is at risk of poverty – most stakeholders (namely the trade union movement) and policymakers agree on the need for an EU-driven growth stra...
This book traces the emergence and transformations of asbestos compensation to explore the wider issue of to what extent legal systems have converged in the era of globalization. Examining the mechanism by which asbestos compensation is delivered in Belgium, England, Italy and the United States, as well as the cultural forces and actors which contribute to its emergence and transformations, the book advances our understanding of how law operates within cultural norms, routines, and institutional relations of capitalist societies. With material gathered from 50 interviews and from primary and secondary sources, the author considers law as a cultural phenomenon, national styles of legal culture and the convergence and divergence of legal cultures, and law as a form of institutionalized power.