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Verein - Stiftung - Trust
Im Rahmen von njus.ch werden alljährlich in einzelnen, separaten Bänden die Entwicklungen des vergangenen Jahres in der Rechtsetzung, der Rechtsprechung und der Literatur eines bestimmten Praxisgebiets aufgezeigt. In der Reihe njus.ch sind Bände über die Entwicklungen in folgenden Gebieten erschienen: Agrarrecht • Aktienrecht • Datenschutz • Erbrecht • Finanzmarktrecht • Gesellschaftsrecht • Haftpflicht- und Privatversicherungsrecht • Handelsregisterrecht • Internationales Strafrecht und humanitäres Völkerrecht • Internationales Zivilprozessrecht • Kartellrecht • Kauf-, Werkvertrags- und Auftragsrecht • Kennzeichenrecht • Mietrecht • Patentrecht • Personen...
Comparative Advantage in International Trade
Traditional trade theory explains trade only by differences between countries, notably differences in their relative endowments of factors of production. It suggests an inverse relationship between the similarity of countries and the volume of trade between them. The Heckscher-Ohlin (HO) factor propor tions theory derives the determinants of comparative advantage in a world of "two-ness" (two goods, two factors, two countries). It predicts that each country will export that good which uses the country's abundant factor rel atively most intensively. The literature on trade offers an impressive number of studies based on the HO theory. The main methodological problems en countered in the liter...
Companies and Climate Change
Companies lie at the heart of the climate crisis and are both culpable for, and vulnerable to, its impacts. Rising social and investor concern about the escalating risks of climate change are changing public and investor expectations of businesses and, as a result, corporate approaches to climate change. Dominant corporate norms that put shareholders (and their wealth maximization) at the heart of company law are viewed by many as outdated and in need of reform. Companies and Climate Change analyzes these developments by assessing the regulation and pressures that impact energy companies in the UK, with lessons that apply worldwide. In this work, Lisa Benjamin shows how the Paris Agreement, climate and energy law in the EU and the UK, and transnational human rights and climate litigation, are regulatory and normative developments that illustrate how company law can and should act as a bridge to progressive corporate climate action.
Trends in Climate Change Legislation
A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context.
Inequality of Opportunity
Eight papers, both theoretical and applied, on the concept of equality of opportunity which says that a society should guarantee its members equal access to advantage regardless of their circumstances, while holding them responsible for turning that access into actual advantage by the application of effort.
Great Powers, Climate Change, and Global Environmental Responsibilities
This book is the first of its kind to examine the role of great powers in the international politics of climate change. It develops a novel analytical framework for studying environmental power in international relations, what counts as a great power in the environmental field, and what their special environmental responsibilities are. In doing so, the book connects International Relations (IR) debates on power inequality, great powers and great power management, with global environmental politics (GEP) scholarship. The book brings together leading scholars in IR and GEP whose contributions focus on major environmental powers (United States, China, European Union, India, Brazil, Russia) and ...
Transboundary Harm in International Law
This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.
Climate Change Litigation: Global Perspectives
This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
Environmental Justice
Environmental justice is a significant and dynamic contemporary development in environmental law. Rechtschaffen, Gauna and new coauthor O'Neill provide an accessible compilation of interdisciplinary materials for studying environmental justice, interspersed with extensive notes, questions, and a teacher's manual with practice exercises designed to facilitate classroom discussion. It integrates excerpts from empirical studies, cases, agency decisions, informal agency guidance, law reviews, and other academic literature, as well as community-generated documents. This second edition includes new chapters addressing climate change, international environmental justice, and a capstone case study. It also adds expanded coverage of risk and the public health, empirical environmental justice research, and environmental justice for American Indian peoples.
Cultural Property Disputes
The originality of this work lies in its in-depth consideration of practical, procedural problems related to transnational arbitration in extra-contractual situations. Particular attention is given to voluntary and forced intervention, and to consolidation, co-ordination or suspension of related arbitration proceedings. Those concerned with restitution of cultural property and the effective use of arbitration in non-contractual disputes will find this book a valuable resource Published under the Transnational Publishers imprint.
