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Technology in Financial Markets
  • Language: en
  • Pages: 465

Technology in Financial Markets

  • Categories: Law

This book develops a dynamic perspective on the study of technology as a disruptive force and its relationship to financial regulation and the law. It identifies the interconnections that characterise technology-driven transformations, involving commercial practices, capital markets, corporate-governance, central banking, and financial networks.

Selected Papers on International Arbitration
  • Language: en
  • Pages: 190

Selected Papers on International Arbitration

  • Categories: Law

The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different aspects of international arbitration. The Swiss Arbitration Academy is a private institution founded and managed by the editors of this volume. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training is designed for lawyers, in-house counsel, and other professionals interested in cutting edge international dispute resolution education. All participants who successfully complete the course, which includes the submission of the final paper, are awarded with the Certificate of Advanced Studies in Arbitration (CAS in Arbitration) and the Arbitration Practitioner title (ArbP).

Efficiency Instead of Justice?
  • Language: en
  • Pages: 222

Efficiency Instead of Justice?

  • Categories: Law

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy B...

Contract Law in International Commercial Arbitration
  • Language: en
  • Pages: 365

Contract Law in International Commercial Arbitration

  • Categories: Law

The vast bulk of claims in international commercial arbitration are contractual in nature. Viewed through that lens, what comes to occupy centre stage in the arbitration of disputes is the choice of applicable contract law. This book breaks new ground by for the first time focusing in depth on the contract law chosen by the parties to be applied to disputes. The author uses a comparative-inductive methodology to analyse why – according to statistics of the International Chamber of Commerce – English, New York, and Swiss contract law outperform transnational and other contract law regimes in the choice-of-law provision of business contracts. He finds that these three bodies of law share a...

Religious Offence and Human Rights
  • Language: en
  • Pages: 491

Religious Offence and Human Rights

  • Categories: Law

Should offence to religions be punishable by law, or does freedom of expression extend even to blasphemy? This book examines this question.

Recognition of Foreign Administrative Acts
  • Language: en
  • Pages: 388

Recognition of Foreign Administrative Acts

  • Categories: Law
  • Type: Book
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  • Published: 2015-12-11
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  • Publisher: Springer

This book presents an analysis of the concept of the administrative act and its classification as ‘foreign’, and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.

Efficiency, Sustainability, and Justice to Future Generations
  • Language: en
  • Pages: 250

Efficiency, Sustainability, and Justice to Future Generations

  • Categories: Law

Fifty years after the famous essay “The Problem of Social Cost” (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it “meets the needs of the present without compromising the ability of future generations to meet their own needs”. A key requir...

Sports Arbitration: A Coach for Other Players - ASA Special Series No. 41
  • Language: en
  • Pages: 372

Sports Arbitration: A Coach for Other Players - ASA Special Series No. 41

Sports Arbitration: A Coach for Other Players? is not about sports arbitration. The reader may thus ask: Well, what is it about? Arbitration can take inspiration from other human activities, for instance sports. Does it follow that arbitration in general can take inspiration from sports arbitration? Can sports arbitration serve as an example, be it for better or worse? And if so, what are the limits of this? These questions are highly topical in today's world of arbitration. Faced with the increased duration and costs of arbitral proceedings, and with the perception that litigators instead of business people have taken over the process, more and more users are calling for a return to fast, inexpensive forms of dispute resolution that are conducted by persons of the trade. This has resulted in a series of initiatives to introduce trade-specific forms of dispute resolution based on fast-track arbitration proceedings in a wide range of business sectors.

2012
  • Language: en
  • Pages: 3064

2012

Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 659,000 articles from more than 30,500 festschrifts, published between 1977 and 2011, have been catalogued.

Human Rights Protection by the ECtHR and the ECJ
  • Language: en
  • Pages: 469

Human Rights Protection by the ECtHR and the ECJ

  • Categories: Law
  • Type: Book
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  • Published: 2017-06-26
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  • Publisher: BRILL

In her manuscript Elisa Ravasi thoroughly analyses the principle of equivalent protection of the ECtHR and subsequently she examines its application in favour of the EU considering whether the presumption of equivalent protection of human rights is still justified.