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Personal Security
A creditor who made a loan to a debtor but does not have full confidence into the ability or willingness of the debtor to repay the loan fully and punctually, has two main options for securing his loan capital: He either can demand that the debtor gives him real security by encumbering one or several of his assets. Or he suggests to the debtor to win over a third party to act as a guarantor and to assume joint liability for repayment of the loan. Such a form of personal security by means of a bond has been known for centuries. During the last decades, however, a number of other models for providing personal security for loans have been developed, in particular the guarantee, by now widely us...
Benevolent Intervention in Another's Affairs
In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.
The Interaction of Contract Law and Tort and Property Law in Europe
Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
A Research Agenda for Climate Justice
Climate change will bring great suffering to communities, individuals and ecosystems. Those least responsible for the problem will suffer the most. Justice demands urgent action to reverse its causes and impacts. In this provocative new book, Paul G. Harris brings together a collection of original essays to explore alternative, innovative approaches to understanding and implementing climate justice in the future. Through investigations informed by philosophy, politics, sociology, law and economics, this Research Agenda reveals how climate change is a matter of justice and makes concrete proposals for more effective mitigation.
Has It Come to This?
Geoengineering is the deliberate and large-scale intervention in the Earth's climate system in an attempt to mitigate the adverse effects of global warming. Now that climate emergency is upon us, claims that geoengineering is inevitable are rapidly proliferating. How did we get into this situation where the most extreme path now seems a plausible development? Is it an accurate representation of where we are at? Who is this “we” who is talking? What options make it onto the table? Which are left out? Whom does geoengineering serve? Why is the ensemble of projects that goes by that name so salient, even though the community of researchers and advocates is remarkably small? These are some of the questions that the thinkers contributing to this volume are exploring from perspectives ranging from sociology and geography to ethics and Indigenous studies. The editors set out this diverse collection of voices not as a monolithic, unified take on geoengineering, but as a place where creative thinkers, students, and interested environmental and social justice advocates can explore nuanced ideas in more than 240 characters.
New Knowledge and Changing Circumstances in the Law of the Sea
During the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States. New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.
Surviving Collapse
As environmental crises loom, Surviving Collapse makes an argument for radical changes in the ways in which people live to avoid a dystopian future. To foster readers' imagination, Christina Ergas reveals real utopian stories that counter climate apocalypse narratives. Two eco-communities offer examples of alternative futures with small environmental footprints and more egalitarian social practices. They model solutions to the interconnected problems of rising social inequalities and environmental degradation. Each case engages in community-oriented practices, direct democracy, and ecological agricultural forms that attend to whole ecosystems. These practitioners recognize the value of whole biotic communities, human and nonhuman, and practice reciprocity.
Principles, Definitions and Model Rules of European Private Law
A year ago, the "Draft Common Frame of Reference" was published for the first time in an interim outline edition. Now we proudly present the final outline edition of the DCFR. - revision of the already published text to take account of the public discussion - major new topics covered - an additional section on the principles underlying the model rules - revised and expanded list of definitions The six-volume full edition of the DCFR including all comments and notes will be published in October 2009.
Essential Genetics
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