Suchergebnisse

Introduction : comprehending human trafficking as a transnational human rights problem -- Analysis of current legal institutional responses : international and regional levels -- Analysis of current legal institutional responses : national level -- Case study 1 : South Korea -- Case study 2 : Taiwan -- International human rights law in the context of human trafficking -- Alternative approaches and remedies : transnational human rights framework

This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law. Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies? Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.

Abstract In 2015, the United Nations agreed on 17 Sustainable Development Goals (SDGs) as an "integrated and indivisible" set of policy objectives with the aim, among others, to unite the diverse and vast system of international organizations under one shared normative agenda. And yet, have these SDGs really become such an integrative force in global governance? Our conclusion here is negative, and our research suggests that the SDGs have not lived up to these high expectations. We find instead that the 17 global goals have not been taken up by a substantial group of international organizations, and some organizations rather cherry-pick those goals that best fit their own agenda and interests. To overcome these challenges and to fulfill the promise of integrated global sustainability governance enshrined in the SDGs, we propose three urgent actions: first, to further push the use of the SDGs across all international organizations, in particular regional organizations outside the United Nations system; second, to facilitate better collaboration across policy domains; and third, to focus attention on those SDGs that are so far "left behind."

The international governance landscape on climate change mitigation is increasingly complex across multiple governance levels. Climate change mitigation initiatives by non-state stakeholders can play an important role in governing global climate change. The article addresses the relationship between intergovernmental and transnational governance processes in global climate governance. Particularly, the article aims to complement existing research on the role of "orchestration" by and through the UNFCCC process by focusing on how successful transnational initiatives can resonate within the intergovernmental negotiation process in order to inspire more ambitious climate action also on the part of national governments. This issue is addressed by systematically analysing interdependencies between transnational and international governance. Building on a structurational regime model, the article develops a theory of change of how and through which structuration channels non-state initiatives can contribute to changing the politics of international climate policy, traces existing UNFCCC processes and the Paris Agreement with a view to identifying inroads for a more direct feedback from non-state initiatives and derives recommendations on how and under which agenda items positive experiences can resonate within the UNFCCC negotiation process.

"Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of The EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. Yet, constitutional pluralism is under siege. Populist governments have abused constitutional-pluralistic concepts like those of national identity, and scholars have also criticised constitutional courts for the abuse of the national identity argument provoking a worrying escalation of constitutional conflicts. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, constitutional conflicts are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition expands its scope of application beyond judicial interactions, to consider the role of the parliaments as actors of a complex legal system and will be of particular interest to academics and students in the disciplines of Law, International Relations and Political Science"--

Jonas Berger zeigt, dass der Country-by-Country-Report die Herleitung und Dokumentation der Verrechnungspreisbildung nur begrenzt vereinfacht und kosteneffizienter, gleichzeitig aber auch die Verrechnungspreispolitik transparenter macht. Der Autor untersucht die Bestandteile der OECD-Initiative und deren Auswirkungen auf deutsche Unternehmer, den Gesetzgeber und den deutschen Fiskus unter besonderer Berücksichtigung des Country-by-Country-Reports. Er zeigt, dass die derzeitigen Regelungen den Unternehmen bei der Befolgung noch viel Spielraum lassen und vielfach auslegungsbedürftig sind. Viele abgefragte Informationen müssen erst mühsam beschafft werden, was für Unternehmen Mehraufwand bedeutet, aber auch zu Ungenauigkeiten bei der Vergleichbarkeit der Daten führt. Der Inhalt Verrechnungspreisdokumentation in Deutschland Der dreistufige Dokumentationsansatz Compliance-Fragen Implementierung in nationale Gesetzgebung Problemstellungen durch Einführung des dreistufigen Dokumentationsansatzes Die Zielgruppen Dozierende und Studierende der Betriebswirtschaftslehre, Wirtschaftswissenschaften und Jura mit den Schwerpunkten Steuerberatung und internationale Rechnungslegung Praktiker in der Steuerberatung internationaler Konzerne sowie Verrechnungspreisexperten und Mitarbeiter von zum Reporting verpflichteten Unternehmen Der Autor Jonas Berger absolvierte seinen Bachelor an der Brunswick European Law School im Studiengang Recht, Finanzmanagement und Steuern

Abstract
Publicity rights fall in the intersection between classic intellectual property rights law, unfair trade practices law and privacy rights law. This is an area that has recently witnessed notable judicial decisions in Kenya which have not gained ample exposure and is therefore worth looking into as an area for potential emerging jurisprudence. A look at the existing practices across different jurisdictions in the world reveals various positions and approaches with respect to publicity rights. On one hand, there are jurisdictions in which publicity rights are categorized within the broad spectrum of personality rights, while in other jurisdictions these rights are treated as proprietary rights. Some jurisdictions also take a hybrid approach that amalgamates both proprietary and personality rights approaches. Publicity rights cut across four broad legal areas: tort, property, privacy and unfair trade practice law. These rights also have common similarities with copyright and trademark rights, although they are not synonymous. A significant number of countries which recognize a right of publicity have a mixture of elements of these areas, either as a form of common law approach based on the tort of passing off, or specific statutory enactments on publicity rights. Legal practice and development in each jurisdiction must be considered in the knowledge that each country has developed specific publicity rights mechanisms in response to the socio-economic needs and realities existing in its particular jurisdiction. This study surveys the legal landscape with respect to development of personality rights in Kenya. It also takes a brief look at several other select jurisdictions in an attempt to answer the question whether there is a jurisprudential justification for the recognition of a publicity right in Kenya.

The MV Tampa incident placed Australia at the centre of international attention with respect to its refusal to allow entry to the Afghan refugees on board. The rescue at sea by the Tampa gave rise to issues in maritime law and refugee law for Norway, the

The MV Tampa incident placed Australia at the centre of international attention with respect to its refusal to allow entry to the Afghan refugees on board. The rescue at sea by the Tampa gave rise to issues in maritime law and refugee law for Norway, the

This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses onintensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.

The book is concerned with the harmonisation of maritime safety legal systems in Europe. It describes maritime safety legal systems in selected European countries as well as maritime safety issues from the perspective of the International Maritime Organisation, European Union, and European Free Trade Association. Distinguished scholars from Europe's leading maritime law academic centres present national perspectives of maritime safety systems, questioning whether the adopted national solutions guarantee the compatibility with IMO and EU legal regime, as well as assessing the global and EU system. Moreover, the book seeks to provide some answers as to whether the IMO goals on maritime safety are adequate in light of current safety challenges and how to achieve higher level of enforcement of internationally-recognised maritime safety standards. It will be of great assistance to those readers who need to familiarize themselves with current problems inherent in maritime safety, whether that be lawyers, scholars, professional mariners, or national institutions.