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The debate on sustainability related corporate due diligence obligations in global value chains has recently gained considerable momentum, in particular at EU level. However, so far, it has been dominated by the focus on human rights due diligence. By contrast, relatively little attention has been paid to the specifics of a stand-alone environmental due diligence obligation. In this respect, the main challenge remains to define a substantive normative environmental standard ("material scope"), which the due diligence obligation aims to promote. This paper examines how environmental due diligence can be designed and integrated in EU legislation applicable to undertakings in the European Union. It provides an overview of conceivable concepts for designing environmental due diligence's "material scope". Namely, these include a positive and a negative general clause and various ways of referencing substantive environmental norms (international environmental agreements, local law at the "place of effect", home state law, and soft law). Subsequently the paper examines how the issue has been solved in the Draft for a Directive on Corporate Due Diligence and Corporate Accountability adopted by the European Parliament on March 10th, 2021: The relevant provision can be categorized as a combination of referencing international (hard and soft) law instruments and EU environmental norms that shall be listed in an annex. This legislative approach represents a significant shift from what was proposed by the Rapporteur in the original draft report (a negative general clause). However, the paper suggests to combine both approaches rather than choosing one of them.

This book is for drafters of Mergers & Acquisitions (M&A) contracts. It provides an overview of purchase price adjustment tools, manipulation issues, purchase price calculation standards and the inter-relationship of such clauses.Chapter 2 discusses the basics of M&A, such as the scope of definition for M&A, and the different motives and phases during the M&A process. Chapter 3 provides a brief introduction into company valuation methods. Various valuation methods are involved in purchase price adjustment issues, hence it is essential to know their components to obviate manipulation potentials.In chapter 4, various guarantees are highlighted where its breaches can also result in purchase price adjustment. Discussion focuses on the guarantees under German law, which have different impacts depending on the magnitude. An ambiguously drafted clause can have the surprising opposite effect desired by the parties. This leads to one of the central themes of the paper; precise formulation of clauses is the foundation for good contract drafting as it reduces potential future disputes.The main chapter of this book is chapter 5 where the two tools which directly influence the purchase price will be discussed: retrospective purchase price adjustments (post-closing adjustments) and future-oriented purchase price adjustments (earn-outs). The differences, advantages and disadvantages for both parties, the appropriate metric, manipulation issues and the calculation of the purchase price adjustment will be covered to guide the drafter of common foreseeable problems. Chapter 6 provides a brief introduction to issues which can arise relating to dispute resolution, which are common avenues in international M&A transactions as arbitration does not necessary always follow the set international rules. Other clauses in an M&A contract also have influence indirectly, on

Introduction -- Where to find the COIA in International Water Law -- A management approach Based on Interests -- The scope of the COIA -- Sovereignty as a responsibility to cooperate -- The composition of the COI -- Procedural rules and the creation of a COI institution -- The COI institution's key functions.

Observers of the USA's attitude towards international law seem to be perpetually taken aback by its actions, whether those relate to the use of force, the International Criminal Court or human rights. This book sets out to articulate the considerable degree of continuity in the nature of US engagement with international law. International Law, US Power explains that the USA has throughout its history pursued a quest for defensive and offensive legal security and that this was a key ingredient in the rise of the USA. Although skilful strategic involvement with international law was an ingredient in the USA 'winning' the Cold War, the rise of China and the growing negotiating strength of leading developing countries mean that the USA is likely to find it increasingly difficult to use the same set of techniques in the future

Cover -- Half Title -- Title Page -- Copyright Page -- Contents -- Acknowledgments -- Introduction -- 1 Just What Is a "Local Government?" -- 2 Open Meetings Requirement -- 3 Procedural Rules for Meetings -- 4 Public Access to Government Records -- 5 Federal Constitutional Limits on Local Governments -- 6 Law-Making Powers of Voters -- 7 Fair Housing -- 8 Financing Local Government -- 9 Background and Importance of Zoning -- 10 Non-Zoning Land Use Controls -- 11 Interlocal Agreements -- 12 Eminent Domain and Regulatory Takings -- 13 Meet the Court System and Local Attorney -- 14 Avoiding Personal Liability -- Index.

The Court of Justice dealt with the problem of inconsistency between the EU-Turkey association law and European Union (EU) secondary legislation in the Soysal case. The solution adopted by the Court was to accord primacy to the association law and to interpret the provisions of secondary legislation, to the extent possible, in a manner that is consistent with that law. However, this solution was not taken into consideration during the accession of Croatia to the EU and Croatia had to adopt the relevant secondary legislation which itself was adopted by the EU without observing its respective standstill obligation, which led to the tightening of its more liberal regime towards Turkey. Moving from the example of Croatia, this contribution explores the limits of the consistent interpretation approach of the Court and proposes a solution reconciling this approach with the obligations of EU membership.

This collection of essays commemorates the Thirtieth Anniversary of the 1972 Stockholm Declaration on the Human Environment. The opening presentation is by the distinguished former Foreign Minister of Sweden, Dr. Hans Blix, a primary author of the Stockholm Declaration. A second keynote abstract is by Professor Bjorn Lomborg, the renowned author of The Skeptical Environmentalist. The third keynote essay is by the United Nations Under Secretary-General of Legal Affairs, Hans Correl. The remainder of the volume includes contributions by six judges from the International Tribunal for the Law of the Sea, the Secretary-General of the International Seabed Authority, senior representatives from the Food and Agriculture Organization, International Maritime Organization, World Bank, Swedish Foreign Ministry and United States Department of State along with 25 professors and environmental law experts from 15 countries. The collection provides a comprehensive, in-depth review of the historic achievement as well as current relevance of the 1972 Stockholm Declaration as a landmark achievement in international environmental law

"Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. The aim of this book is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks such as financial risks or cyber-risks"--

Introduction -- Part I The Evolution of European Defence Integration -- 1 All Quiet on the Western Front: The Early Legal History of European Defence Integration 1944-1958 -- 2 A Pillar of Our Security: European Foreign and Security Law 1959-1998 -- 3 Between Saint-Malo and a New Rome: The Current State of European Defence and Security Integration 1998-2005 -- Part II Community Law as an Instrument of European Defence Integration -- 4 A Fine Balance: Free Movement and Public Security in The EC Treaty -- 5 An Even Finer Balance: Armaments, Secrecy, and Article 296 EC -- 6 The Finest Balance : Article 297 EC and Community Law in Times of Crisis and War -- 7 Heavy Equipment, Food, Fodder, and Stores for the Armies of Europe: Community Law and Regulation of European Defence Procurement -- 8 Policing an Armed Market: The Regulation of the European Defence Industries -- 9 European Bands of Brothers and Sisters: The Regulation of Sex Equality in the Armed Forces of the Member States -- Part III European Defence Integration Under the Constitutional Treaty -- 10 Joining Pillars, Joining Forces: The Objectives and Principles of the Common Security and Defence Policy -- 11 Crisis Management, Armaments, and Collective Defence: The Scope of Defence Integration Under the Constitutional Treaty -- 12 The Old Players and a New Minister: The Institutional Structure of the Common Security and Defence Policy Under the Constitutional Treaty -- Conclusions

The E.U. Antitrust Case that opened on July 23, 2015 against Sky U.K. and six American studios—Disney, Fox, NBCUniversal, Paramount Pictures, Sony and Warner Brothers—has its structural roots in the Television Without Frontiers Directive, which was vigorously debated as a last-minute standoff that threatened to derail the conclusion of the GATT Uruguay Round of trade negotiations and is still considered to be the cornerstone of the European Union's audiovisual policy. This Article examines the unique history of a Cultural Exception with respect to audiovisual works as applied in trade negotiations to Hollywood film and television productions, and argues that, rather than violating E.U. regulations, the decades-old practice of regional contractual restrictions and geo-blocking is both consistent with and a direct result of the E.U.'s protectionist and paternalistic efforts to shield its individual member states' local production entities from competition and its populations from a perceived and decidedly unwelcomed Svengali-like juggernaut of American cultural influence. The E.U. antitrust action is therefore in direct contravention to the spirit of the trade laws over which Hollywood studios were so stridently subjected to debating and is inconsistent with stated E.U. audiovisual norms. Abolishing regional access limitations will put the future of the E.U.'s various local distributors at risk, for the existing patchwork of distribution related rules impacting foreign property directly impacts American producers' decisions regarding whether and how to continue to do business in the region. Thus, any attempt to implement the E.C.'s aspirational Digital Single Market 2020 target terms must be reconciled in light of the current political climate in Europe and global technological capabilities if the E.U. is to remain a relevant market at the forefront of the modern entertainment industry and continue to benefit from the uniquely privileged relationship it has enjoyed for nearly a century with its many Hollywood studio production partners.