Redefining Harmonisation
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Redefining Harmonisation
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Author : Ghio, Emilie
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-06-14
Redefining Harmonisation written by Ghio, Emilie 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 2022-06-14 with Law categories.
Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Offering an in-depth exploration of the concept of harmonisation through the lens of European Insolvency Law, the book will be an insightful read for students and legal scholars interested in EU law and the law-making process.
Redefining European Economic Integration
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Author : Dariusz Adamski
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
Redefining European Economic Integration written by Dariusz Adamski and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Business & Economics categories.
An innovative, bipartisan and comprehensive account of why European economic integration has been in disarray and how to fix it.
Re Examining Insolvency Law And Theory
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Author : Emilie Ghio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11
Re Examining Insolvency Law And Theory written by Emilie Ghio 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 2023-12-11 with Law categories.
An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.
Routledge Handbook On Transnational Commercial Law
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Author : Bruno Zeller
language : en
Publisher: Taylor & Francis
Release Date : 2025-02-21
Routledge Handbook On Transnational Commercial Law written by Bruno Zeller and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-21 with Law categories.
This handbook, edited by Zeller and Andersen, is an indispensable contribution to the field of transnational commercial law. With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws, to dispute resolution. The book divides itself between fundamental knowledge of transnational commercial law (e.g. chapters on forum shopping, CISG, Cape Town Convention, etc.) and current and topical developments (e.g. chapters on blockchain, smart contracts, metaverse, digital assets, etc.). International or transnational trade during the past twenty years has become more and more important, outstripping domestic trade as a hallmark of economic success. Model laws developed by the United Nations and other international bodies are now being transplanted or ratified by countries, so a translational element must always be considered as part of any choice of law. Addressing a global audience, as the instruments dealt with herein apply to many states in different regions, this handbook aims not only at an undergraduate and graduate student audience but also will interest professional lawyers.
Entrepreneurs And Insolvency Law
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Author : Remigijus Jokubauskas
language : en
Publisher: Taylor & Francis
Release Date : 2025-05-23
Entrepreneurs And Insolvency Law written by Remigijus Jokubauskas and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-23 with Law categories.
This book analyses the discharge of debts procedure in relation to insolvent entrepreneurs, covering the protection of human rights under insolvency law. The process of discharge of debt is a key mechanism in insolvency law when addressing individual over-indebtedness. This book promotes the “fresh start” principle, which is the primary objective of the debt discharge process for insolvent entrepreneurs, and explores how fundamental human rights apply within such insolvency proceedings. Aiming to justify the limitation of creditors’ property rights when their claims are discharged, it discusses the models and procedures for insolvency proceedings involving entrepreneurs. Discussing the EU Restructuring and Insolvency Directive ((EU) 2019/1023) and the UNCITRAL Legislative Guide on Insolvency Law for Micro- and Small Enterprises (2022), the book addresses specific aspects of the discharge of debt process that present practical and theoretical challenges, and suggests practical solutions. The book will be of interest to researchers in the field of insolvency law, financial law, and entrepreneurship.
English Corporate Insolvency Law
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Author : Vaccari, Eugenio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-10-13
English Corporate Insolvency Law written by Vaccari, Eugenio 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 2022-10-13 with Law categories.
This unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject.
Intellectual Property Harmonisation Within Asean And Apec
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Intellectual Property Harmonisation Within Asean And Apec written by Christopher Heath and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
In several major areas of international trade'particularly software and technology transfer'a harmonised regime of intellectual property law is a crucial prerequisite to success. Yet this legal concept appears to be extraordinarily difficult to establish on any agreed-upon basis among countries. And nowhere has the sought-for harmonisation proven more intractable than in the countries of the Asia Pacific region. Intellectual Property Harmonisation in ASEAN and APEC investigates the complex issues that lie at the root of this major block to the unhampered global flow of commerce based on intangible assets. By highlighting the background of Asian legal systems, both in terms of culture and intellectual property systems, the authors suggest how the current obstacles towards greater harmonisation and integration may be overcome. Defining the accepted principles enshrined in TRIPS, the Paris Convention, and other international agreements, the presentation describes the relatively successful European experience and then goes on to develop strategic variations geared to relate more precisely to harmonisation, integration and co-operation in the East Asian region. Among the important elements of the problem (and its potential solutions) discussed in this book are the following: the strong influence of legal culture in the different Asian countries;the limits of IP harmonisation in Europe;the importance of understanding the political and cultural perceptions that prevail in the various Asian countries;the non-uniform approach of different Asian countries due in part to bilateral free trade agreements; andthe experience of patent office cooperation and its potential as a model for smaller countries. The contributing authors have all worked in the IP field for more than a decade and have followed closely the developments of intellectual property law since the advent of the TRIPS Agreement. Their collective expertise includes both academic and practical considerations on IP harmonisation. Intellectual Property Harmonisation in ASEAN and APEC will be of great value and interest to policymakers seeking effective enforcement of intellectual property rights, to international lawyers counseling clients on Asia, and to academics working in the fields of intellectual property or Asian law. MAX PLANCK SERIES ON ASIAN INTELLECTUAL PROPERTY LAW 10
Re Defining Legitimate Statehood
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Author : Obiora Chinedu Okafor
language : en
Publisher: BRILL
Release Date : 2021-10-18
Re Defining Legitimate Statehood written by Obiora Chinedu Okafor and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
The purpose of this volume is dual. The first is to provide information about the question of the role that doctrines and practices of international law have played in the emergence and persistence of the phenomenon of socio-cultural fragmentation, and therefore of inter-group conflict, within African states. The second is to provide original thought about the ways in which, prompted by the emergent turn in our time to minority and group rights, international law and multilateral African states have begun the long journey toward modifying those doctrines and practices that have led to such unfortunate results, and have thereby begun to make very valuable contributions to the effort to prevent and/or reduce the incidence of inter-group strife in specific African contexts. The book is not, however, limited in scope by its utilisation of Africa as a case study. The book's core is based on analysis of traditional and contemporary international legal doctrines and practices, their effects in specific contexts, as well as on the role of multilateral institutions in the prevention of internecine conflict within established states. It is hoped that, with the use of African states as case studies, the book will be a contribution to the advancement of scholarly knowledge regarding the general question of the relationship among the doctrines of international law, the activities of multilateral institutions, and the management of the problems of fragmentation and internecine strife within established states the world over. This volume is relevant to international lawyers, specialists in international politics, diplomats, theorists, minority and group rights scholars, historians, and human rights activists in general. It is particularly relevant to the African studies specialist, the statesman and the diplomat.
20 Anos Do C Digo Da Insolv Ncia E Da Recupera O De Empresas Congresso Comemorativo
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Author : Alexandre Soveral Martins
language : pt-BR
Publisher: Leya
Release Date : 2024-11-20
20 Anos Do C Digo Da Insolv Ncia E Da Recupera O De Empresas Congresso Comemorativo written by Alexandre Soveral Martins and has been published by Leya this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-20 with Law categories.
No dia 22 de março de 2024 teve lugar, no Auditório da Faculdade de Direito da Universidade de Coimbra, o Congresso Comemorativo dos 20 Anos do Código da Insolvência e da Recuperação de Empresas. Estiveram presentes não apenas Docentes universitários, mas também Magistrados/as, Advogados/as e Administradores Judiciais. Quem assistiu ao Congresso teve ainda a oportunidade de ouvir a Conferência de Encerramento proferida por Sua Excelência o Senhor Presidente do Supremo Tribunal de Justiça Conselheiro Henrique Araújo. Para além desse texto, será possível encontrar igualmente neste livro estudos de Paul Omar, Catarina Serra, Alexandre de Soveral Martins, Carolina Cunha, Maria do Rosário Epifânio, Maria de Fátima Ribeiro, Fátima Reis Silva, Alexandre Dias Pereira e David Sequeira Dinis. Quem leia esta obra verá debatidos grandes temas do direito da insolvência e da recuperação de empresas, sem esquecer um olhar pelos desafios lançados pelo Direito da União Europeia e por outras instâncias.
Making European Private Law
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Author : Fabrizio Cafaggi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Making European Private Law written by Fabrizio Cafaggi 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 2010-01-01 with Law categories.
This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.