Abschied Vom Globalantrag
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Abschied Vom Globalantrag
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Author : Martin Bittner
language : de
Publisher: Springer-Verlag
Release Date : 2016-03-05
Abschied Vom Globalantrag written by Martin Bittner and has been published by Springer-Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-05 with Law categories.
Im Zivilprozess geht es den Parteien vielfach nicht nur um die gerichtliche Entscheidung des Einzelfalls. Von dem Urteil erhoffen sie sich auch eine verbindliche Orientierungshilfe für die Zukunft. Zu diesem Zweck wird ein „Globalantrag“ zum Gegenstand von Unterlassungs- und Feststellungsklagen gemacht. Die Gerichte werden auf diesem Wege um eine umfassende Rechtsauskunft gebeten. Wo hierbei die Grenze des Zulässigen verläuft, ist in Wissenschaft und Praxis noch nicht hinreichend geklärt. Der Verfasser leuchtet die Rechtsschutzzone von Unterlassungs- und Feststellungsklage im Zivilprozess am Beispiel des Globalantrags im arbeitsgerichtlichen Beschlussverfahren aus. Auf die kritische Analyse der Rechtsprechung zum Thema folgt der Vorschlag alternativer Vorgehensweisen, um das Begehren der Prozessparteien nach Rechtssicherheit über den konkreten Streitfall hinaus zu befriedigen.
300 354
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Author : Rolf A. Schütze
language : de
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2023-07-24
300 354 written by Rolf A. Schütze and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
Die Kommentierung umfasst neben der Zivilprozessordnung auch die relevanten Nebengesetze (wie EGZPO, GVG, KapMuG und MediationsG) sowie das europäische und internationale Zivilprozessrecht. Selbstverständlich sind alle relevanten Gesetzesänderungen sowie die neuesten Entwicklungen in Rechtsprechung und Lehre berücksichtigt.
Research Handbook On The Law Of Treaties
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Author : Christian J. Tams
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-09-26
Research Handbook On The Law Of Treaties written by Christian J. Tams and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-26 with Political Science categories.
Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and unifor
Regions Institutions And Law Of The Sea
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Author : Harry N. Scheiber
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-05-01
Regions Institutions And Law Of The Sea written by Harry N. Scheiber and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-01 with Law categories.
Regions, Institutions, and Law of the Sea: Studies in Ocean Governance offers fresh perspectives both on issues specific to major ocean regions, and on the nature and functions of institutions that implement the legal order of the oceans. Of special interest is a set of chapters by distinguished scholars and jurists providing nuanced analysis of the International Tribunal for the Law of the Sea as a key actor in the institutional and regime structure. Other expert authors contribute timely analysis of specific ocean uses in the context of implementation of "soft" and "hard" law. Piracy, global warming and ecosystem challenges, geo-engineering, control of pollution in shipping operations, Seabed Authority policy, and performance of the UN Regional Seas Programme are among key issues presented in both their regional and legal dimensions. Also considered in depth are law, ocean policy, and the operation of international organizations in Northeast Asia, Latin America, the Indian Ocean region, the African coastal areas, and the Arctic. The accessibility of subject matter and the readability of the text's 26 chapters enhance the value of this book as an important addition to the literature. Regions, Institutions, and Law of the Sea is the latest publication of the Law of the Sea Institute at UC Berkeley, a major voice in the global debates of contemporary ocean law and policy. Inha University-Incheon was a major co-sponsor of the project.
The Myth Of Choice
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Author : Kent Greenfield
language : en
Publisher: Yale University Press
Release Date : 2011-10-11
The Myth Of Choice written by Kent Greenfield and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-11 with Psychology categories.
Examines the idea of choice, arguing that personal choice may be a misconception and is in reality a product of circumstances, determined by such factors such as biology, culture, authority, and economics.
The Law And Practice Of Piracy At Sea
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Author : Panos Koutrakos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
The Law And Practice Of Piracy At Sea written by Panos Koutrakos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.
The Changing Legal Framework For Services Of General Interest In Europe
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Author : Markus Krajewski
language : en
Publisher: T.M.C. Asser Press
Release Date : 2009-10-08
The Changing Legal Framework For Services Of General Interest In Europe written by Markus Krajewski and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-08 with Law categories.
INTRODUCTION Markus Krajewski, Ulla Neergaard, Johan van de Gronden I. The changing framework of public services in Europe In recent years, the body of European law affecting public services – services of general economic interest as they are called in the EC Treaty – has been subject to a significant transformation. Until the mid-1990s, services provided by public - thorities on the basis of monopolies or other forms of restrictions of market access were regarded as derogations from the disciplines of the internal market and c- petition law. The underlying assumption was that the open and competitive market order established by the EC Treaty was also an appropriate framework for the p- vision of services of general economic interest. The early liberalisation of telec- munication and postal services were also driven by the assumption that more competition will lead to better and cheaper services for the consumers. However, soon the European institutions, in particular the European Commission noticed that high quality public services were not only important to consumers, but that these services also formed a significant element of the European social model which could at times be in conflict with the strict application of the logics of free markets and unrestricted competition. Hence, greater emphasis was placed on the specific requirements of services of general economic interest as core values of the Member States and the Community.
Baselines Under The International Law Of The Sea
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Author : Coalter G. Lathrop
language : en
Publisher: BRILL
Release Date : 2019-03-27
Baselines Under The International Law Of The Sea written by Coalter G. Lathrop and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-27 with Law categories.
Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018: The Sophia Report (2012) and the Sydney Report (2018).
International Sales Law
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Author : Larry DiMatteo
language : en
Publisher: Nomos/Hart
Release Date : 2021-07-15
International Sales Law written by Larry DiMatteo and has been published by Nomos/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.
"An indispensable and compact reference guide that provides an ideal platform for scholars, practitioners (in-house counsel, legal advisors and advocates) and students internationally. The reviewer is tempted to extend this list to include commercial parties such as the importers and exporters as the writing is clear, concise and direct, contract clauses and practitioner tips sections are provided, and finally because the book provides illustrations to which they can relate." European Review of Private Law 2017 (of the 1st edition) Almost 5 years have passed since the first edition of this popular work was published. Much relevant case law and legal literature have since been published which requires treatment. Furthermore, several hard and soft laws relevant to the book have undergone important changes: the enactment of the new Chinese Civil Code, the French Civil Code following extensive reforms in in 2016, the UNIDROIT Principles now apply as amended in 2016, and the INCOTERMS 2020 replace the former INCOTERMS 2010. Scholars and practitioners will find its systematic survey of the field invaluable.
Dierk Schmidt
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Author : Dierk Schmidt
language : de
Publisher: Walther Konig Verlag
Release Date : 2010
Dierk Schmidt written by Dierk Schmidt and has been published by Walther Konig Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Art categories.
In 1884 - 85, the European powers and the USA met in Berlin to prepare the division of the entire African continent through an 'international' act of law. The series of pictures by Dierk Schmidt that was shown at documenta XII serves as a starting point in exploring the urgent question: Is it possible to respond to the brutality, with which colonial borders were forced upon existing societies, with a representation that makes legal abstractions tangible as a historic product of political and aesthetic modernism in Europe? The Division of the Earth is based on years of research and tackles, both visually and textually, the aesthetic-political, art historical and current legal facets of the growing international, post-colonial discussion.
