Theory And Practice Of Harmonisation
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Theory And Practice Of Harmonisation
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Author : Mads Andenas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012
Theory And Practice Of Harmonisation written by Mads Andenas 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 2012 with Law categories.
Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.
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.
Harmonisation Of Eu Competition Law Enforcement
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Author : Jurgita Malinauskaite
language : en
Publisher: Springer Nature
Release Date : 2019-11-15
Harmonisation Of Eu Competition Law Enforcement written by Jurgita Malinauskaite and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-15 with Law categories.
This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.
Harmonising Copyright Law And Dealing With Dissonance
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Author : Sheldon W Halpern
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-10-31
Harmonising Copyright Law And Dealing With Dissonance written by Sheldon W Halpern 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 2014-10-31 with Law categories.
øThe highly-regarded authors of this important work explore the constitutional, institutional, and cultural barriers to harmonisation of the copyright laws of the United States and the European Union. They consider these matters in the real world trans
Unification And Harmonization Of International Commercial Law
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Author : Morten Fogt
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-07-18
Unification And Harmonization Of International Commercial Law written by Morten Fogt 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 2012-07-18 with Law categories.
In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.
Professional Practice Discourse Marginalia
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Author : Joy Higgs
language : en
Publisher: Springer
Release Date : 2016-07-23
Professional Practice Discourse Marginalia written by Joy Higgs and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-23 with Education categories.
This is a book for practitioners, university educators, workplace learning educators, researchers and the professions. It draws together two key elements of the lives of these people: professional practice – what people do, and practice discourse – what they write and say about what they do. And, it focuses these discussions around two spaces – the core and the margins, of practice and discourse. Writing in the margins of texts has a very long history. People have always left part of themselves – their ideas, personality and reflections – in the margins of texts. In this book we have taken up the idea of such written marginalia and we have expanded it into writing into the texts of practice discourse as well as speaking and acting in the margins of professional practice. Such deliberate practice changes in marginal practice spaces and in written practice discourse provides ways of shaping and critically appraising current and future professional practice. This book provides a dialogue between two fascinating phenomena: professional practice and discourse. In the 21st century these two are facing challenges as they negotiate their contested spaces in a rapidly changing global society. They draw on strong established traditions and expectations but they cannot be complacent in these illusory stabilities. Rather they must be awake to the imperatives of their own re-invention and re-claimed relevance to today’s society and today’s professional class in the workforce. Across the chapters we explore the core spaces of professional practice discourse from the vantage point of the margins of this space, and the margin spaces as they interact with the core. Marginalia serves as an architect of destabilisation, challenge, revolution, reflection or sometimes affirmation of the central discourse space. There are five sections in the book: Section One: Professional practice discourse, Section Two: Leading the practice discourse, Section Three: Writing from inside practice, Section Four: Writing onto and into practice and Section Five: Marking trails and stimulating insights. Readers are invited to contribute to our exploration of the phenomenon and practice of professional practice discourse marginalia.
The Enforceability Of The Interim Measures Granted By An Emergency Arbitrator In International Commercial Arbitration
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Author : Junmin Zhang
language : en
Publisher: Springer Nature
Release Date : 2024-09-06
The Enforceability Of The Interim Measures Granted By An Emergency Arbitrator In International Commercial Arbitration written by Junmin Zhang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-06 with Law categories.
This timely book offers a comprehensive study of the emergency arbitrator mechanism that provides interim measures in international commercial arbitration before the constitution of an arbitral tribunal, focusing on the enforceability of the interim measures granted. Based on the traditional legal doctrines of private international law, international dispute resolution, and arbitration law, this book is featured mainly in comparative studies. Six leading arbitral institutions are chosen to conduct systematic research on applying the emergency arbitration rules to establish a general and common procedural framework for emergency arbitration in discussion. Normative and comparative law analyses investigate the status quo of available legal instruments used to recognize and enforce interim measures in emergency arbitration by examining international conventions and three representative chosen jurisdictions, i.e., Singapore, Mainland China, and the USA. Following these two levels of comparison, it highlights and examines the potential doctrinal and practical barriers that may impact the enforceability of interim measures rendered by an emergency arborator. Finally, it proposes various approaches that could be used to improve the enforceability controversy, and it offers innovative suggestions for further research. This book is of particular relevance and interest to students, researchers, and practitioners in dispute resolution and arbitration law, as well as policymakers, legislators, and arbitral institutions considering further reform in international arbitration.
Mediation And Commercial Contract Law
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Author : Maryam Salehijam
language : en
Publisher: Routledge
Release Date : 2020-12-10
Mediation And Commercial Contract Law written by Maryam Salehijam and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.
Advanced Accounting Theory And Practice
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Author : Kabiru I. Dandago
language : en
Publisher: Adonis & Abbey Publishers Ltd
Release Date : 2009-01-30
Advanced Accounting Theory And Practice written by Kabiru I. Dandago and has been published by Adonis & Abbey Publishers Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-30 with Reference categories.
Accounting is the discipline with the oldest historical culture, being the first to be recognized by humanity when Adam and Eve were made to account for what they did in paradise. It is also the only discipline that will come into play in the Hereafter, where everybody would be raised up as an accountant - to account for all they have done during their life time on earth! Accounting is a service-providing discipline, with a rich theoretical background, which makes available information (especially financial) to guide various decision-making processes. Business owners, creditors, managers, prospective investors, government and its agencies, employees and even the general public seek accounting information to guide them when taking various informed decisions about reporting entities and the environment within which they operate. This book addresses the historical accounting culture, its theories as well as its practices. It is made up of fifteen chapters, covering various historical, theoretical and practical aspects of Accounting, ranging from accounting standardization to financial reporting. The book is an attempt to address some of the lacunae in advanced accounting issues, both in theory and in practice. Students of advanced accounting theory and practice at the professional and academic levels in Universities, Polytechnics and Professional Institutes would find the book an essential companion.
The Harmonisation Of Transaction Avoidance In The Eu
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Author : Oriana Casasola
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
The Harmonisation Of Transaction Avoidance In The Eu written by Oriana Casasola 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 2023-08-14 with Law categories.
This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations.