Modernising Civil Liability Law In Europe China Brazil And Russia

Author: Gert Brüggemeier
Publisher: Cambridge University Press
ISBN: 1139497626
Size: 40.46 MB
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Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'.

International And Foreign Legal Research

Author: Marci Hoffman
Publisher: Martinus Nijhoff Publishers
ISBN: 9004204806
Size: 38.99 MB
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International and Foreign Legal Research: A Coursebook, second edition by Hoffman and Rumsey, now in a second edition, is designed for classes in foreign and international legal research. Topics covered in the book range from treaty research to chapters on particular subjects of international law. Coverage also includes chapters on researching foreign and comparative law as well as major international organizations, including the UN and the EU.

Civil Liability In Europe For Terrorism Related Risk

Author: Lucas Bergkamp
Publisher: Cambridge University Press
ISBN: 1107100445
Size: 44.51 MB
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Comprehensive and forward-looking analysis of civil liability for terrorism-related risk under international, EU and selected national tort laws.

Product Liability In Comparative Perspective

Author: Duncan Fairgrieve
Publisher: Cambridge University Press
ISBN: 9781139448031
Size: 33.20 MB
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This book examines the law of product liability from a comparative perspective. With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of product liability in a number of key jurisdictions including both Western European countries and New Member States. Account is also taken of developments further afield, including the United States and Japan. Distinguished contributors, including a high court judge, European Commission official, leading litigators and academics, provide individual country reports and a number of integrated comparative studies. The book is designed for practical use by legal practitioners, academics, students and others interested in the area of contract, tort, civil procedure and multi-party litigation. In particular, practitioners will find the country reports an essential reference point.

Vicarious Liability In Tort

Author: Paula Giliker
Publisher: Cambridge University Press
ISBN: 1139493078
Size: 51.75 MB
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Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

Modernised Ec Competition Law In International Arbitration

Author: Phillip Louis Landolt
Publisher: Kluwer Law International
ISBN: 9041123520
Size: 59.98 MB
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Offers an analysis of the expectations and requirements of the Community legal order upon international arbitration, as well as a dependable source of answers to the EC competition law questions which arbitration practitioners will ordinarily be faced with. This guide is aimed at international litigation practitioners in Europe and globally.

The Vienna Rules

Author: Franz T. Schwarz
Publisher: Kluwer Law International
ISBN: 904112344X
Size: 38.62 MB
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This authoritative commentary examines the new Vienna Rules and the Austrian Arbitration Act that both came into effect on 1 July 2006 as the result of a major reform. Following a call for modernization, this reform has further enhanced the attraction of Austria as an arbitral seat and has reinforced the importance of the Centre for parties seeking to resolve international commercial disputes. While the Rules themselves have become widely known among lawyers and arbitrators, there has been no significant commentary or guidance available until the advent of this book. Set out as an article-by-article commentary, the authorsand’ expert guidance proceeds in conformance with international practice, reconciling approaches adopted in both common law and civil law traditions. Within this enormously valuable international perspective, the book provides in depth coverage of all details of arbitral procedure under the Vienna Rules and Austrian arbitration law, including: validity of arbitration agreement and jurisdictional disputes; appointment, rights and duties of arbitrators; liability of arbitrators; multiparty proceedings; challenge of arbitrators and experts; treatment of counter-claims; interim measures of protection; settlements and awards; and costs and fees in arbitration. The book provides the reader with a framework, and specific instruments, to negotiate arbitrations effectively and ensure that the process remains predictable, expeditious and fair. Drawing on extensive research into the practice of the International Arbitral Centre in Vienna, as well as on case law, academic writing, and the Actand’s legislative history, this book will be of great value to corporate counsel, international lawyers, and arbitrators, as well as to students of dispute resolution.

Atiyah S Accidents Compensation And The Law

Author: Peter Cane
Publisher: Cambridge University Press
ISBN: 1107311500
Size: 50.35 MB
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Since publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a 'compensation culture' and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book's enduring central argument for its radical reform remains as compelling as ever.

Decoding The International Code Of Conduct For Outer Space Activities

Author: Ajey Lele
Publisher:
ISBN: 9788182747005
Size: 27.49 MB
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This book presents a wide range of views on the proposed International Space Code of Conduct (ICoC) for Outer Space as proposed by the European Union. On the whole, many contributors are in agreement to the idea of devising an ICoC; that this may not be a perfect solution, but it is still an important step in the right direction. The need for ICoC arises because despite the rapid advances in space technologies no corresponding normative architecture has been put in place till date. Alternatively, it has been suggested that the existing UN efforts need to be strengthened. This is because the UN system offers a provision for legally binding obligations and it could be incorrect to try finding a solution outside the UN mandate. Also, a need for meaningful verification measures has been emphasised.