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International Maritime Labour Law
This book focuses on maritime employment from a private international law perspective. The first chapter analyzes the background against which international jurisdiction and conflict of laws rules are drawn up and examines uniform law in this context, in particular the 2006 Maritime Labour Convention and the 2007 ILO Convention No. 188 on Work in Fishing. The second chapter addresses international jurisdiction issues as regards individual employment contracts, while also exploring other issues (e.g. insolvency-related and social security matters) that are subsequently revisited in the third chapter while discussing conflict of laws issues related to said contracts. In turn, chapter four focuses on collective labour relations and private international law, i.e. collective agreements, strikes and other forms of collective action and information, and on the participation rights of employees in business matters.
Comparative Law for Spanish–English Speaking Lawyers
Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking La...
The Presence of International Organizations in the Evolution of the International Law of the Sea
2024 marked thirty years since the entry into force of the United Nations Convention on the Law of the Sea (UNCLOS). The process of adoption of UNCLOS and its influence on the development of the Law of the Sea are a good illustration of the important role that international organizations have played in contemporary international Law of the Sea, as they are the main producers of international norms. This book focuses on the role of the international (universal, regional, and subregional) organizations in the application of the provisions of UNCLOS and on how their legal orders have been veritable laboratories in which to test the scope of the provisions or rules of UNCLOS.
Gender and the Law of the Sea
Listen to the podcast with Nilufer Oral on 'Climate Change, Oceans and Gender' In Gender and the Law of the Sea a distinguished group of law of the sea and feminist scholars critically engages with one of the oldest fields of international law. While the law of the sea has been traditionally portrayed as a technical, gender-neutral set of rules, of concern to States rather than humans, authors in this volume persuasively argue that critical feminist perspectives are needed to question the underlying assumptions of ostensibly gender-neutral norms. Coming at a time when the presence of women at sea is increasing, the volume forcefully and successfully argues that legal rules are relevant to ensure gender equality and the empowerment of women at sea, in an effort to render law for the oceans more inclusive. See inside the book.
Contract Interpretation in Investment Treaty Arbitration
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Here And Beyond
The chapters included in this volume examine a number of modern and contemporary travel and mobility narratives produced in the different languages of Iberia, whether they offer accounts of Iberia itself or portray other geographical or human contexts. Illustrating the diversity of forms characteristic of travel writing, the texts discussed in the book feature representations of travel and mobility as presented in novels, films and other literary and cultural manifestations such as comics, plays and journalistic chronicles. Additionally, the volume incorporates a section of creative responses to the tropes of travel and mobility by contemporary Iberian authors in English translation. Thus, t...
Private International Law
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
EU Insolvency Law
This comprehensive book provides a clear analysis of the main features of the European Insolvency Regulation 2015/848, within the context of previous EU initiatives, as well as addressing the contrasting objectives of universalism and territorialism which underpin cross border insolvency law. It measures the EU regulations against the UNCITRAL Model Law on Cross Border Insolvency and compares this with how the Model Law has been implemented elsewhere, such as in the US and the UK.
Global Private International Law
Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.
European Insolvency Law
Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
