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Wilful Misconduct in International Transport Law
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.
The EU and Member State Building
This book critically examines the process of statebuilding by the EU, focusing on its attempts to build Member States in the Western Balkan region. This book analyses the European Union's policies towards, and the impact they have, upon the states of the Western Balkans, and assesses how these affect the nature of EU foreign policy. To this end, it focuses on the tools and mechanisms that the EU employs in its enlargement policy and examines the new instruments of direct intervention (in Bosnia and Kosovo), political coercion (in the case of Croatia and Serbia in relation to the International Criminal Tribunal for the former Yugoslavia), and stricter conditionality in the Western Balkan coun...
Festschrift Liber Amicorum Tu?rulansay
Turul Ansay is an outstanding figure in the landscape of comparative law. In a field that holds ever-growing promise for the future, he continues to manifest his tireless spirit in a wide arc of influential activity. The spectrum of his achievement encompasses many areas of substantive law as well as legal education. He is noted also for his direct contributions to the national legal systems of more than a few countries notably that of his native Turkey contributions characterized by the deep integrity that a truly comparative perspective brings. This impressive Festschrift in honour of Dr. Ansay's 75th birthday presents signal contributions by no less than thiry-six of his colleagues and fe...
Towards a Chinese Civil Code
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topic...
Law and Justice Review-22
Law and Justice Review-22
Dual Nationality in the European Union
The book analyzes the role of dual nationality in different fields of the law, in particular national and EU law, and offers a convincing argument for the (minimum) harmonization of European nationality laws.
The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property
The illicit traffic in cultural objects is a grave concern to the general public and international community. The resulting cultural damage fuels debates on how best to regulate the trade in cultural objects and inform legal responses at all levels for the protection of movable cultural heritage. Treaties concerning the treatment of cultural objects during peacetime and war represent some of the earliest multilateral initiatives on cultural heritage in the modern era. They also remain some of the most deeply contested, representing shifting fault lines within the international community. Authored by leading scholars and practitioners from around the world, this Commentary is the first to cov...
Transport Law in Turkey
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Turkey. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; mari...
Fikri Mülkiyet Hukuku Çalıştayı
Fikri mülkiyet; teknolojik gelişmeleri, ticari ilişkileri, yatırımları ve bunların sonucu olarak da ekonomik kalkınma ve büyümeyi etkileyen unsurların başında gelmektedir. Günümüzde yaratıcı fikirleri teknoloji ile buluşturarak katma değeri yüksek ürünler haline getirmek kadar, o yaratıcı fikirleri hukuki anlamda korumak da büyük önem taşımaktadır.Haksız rekabete neden olan ve ekonomiye ciddi zararlar veren ihlallerin önlenmesi, fikri mülkiyet haklarının korunması amacıyla ortaya çıkan ve sürekli gelişim içinde olan fikri mülkiyet hukuku; ülkemizin entelektüel, tasarım ve hukuki kapasitesine yaptığı katkılarla sosyo-ekonomik hayatımızın y...
