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INGLÊS

Melanges En L'Honneur De David Pugsley

de Erik Van Den Haute e Johannes Michaël Rainer

~~165,61€~~ 132,49€ 20% IMEDIATO + 5% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 Professor David Pugsley is a man of many talents as well as a paradox. Although he may appear to some to be typically English, this is to overlook his cosmopolitan side. David Pugsley is a well known English Romanist and comparative lawyer who taught for many years at Exeter University, as well as in many other places in the world. In this book, specially dedicated to him, his friends and colleagues pay tribute through a series of papers on comparative law and the history of law. Le Professeur David Pugsley, homme aux multiples talents, incarne un paradoxe. Pur produit de l’intelligentia britannique, de prime abord, on le découvre farouchement cosmopolite. David Pugsley est bien connu comme un spécialiste anglais du droit romain; il est aussi un juriste renommé en droit comparé. Il a enseigné durant de nombreuses années à l’Université d’Exeter, ainsi qu’en de nombreux endroits dans le monde. Dans cet ouvrage, ses amis et collègues lui rendent hommage, au travers d’une série de contributions dans les domaines du droit comparé et de l’histoire du droit qui lui sont particulièrement chers. Professor David Pugsley is a man of many talents as well as a paradox. Although he may appear to some to be typically English, this is to overlook his cosmopolitan side. David Pugsley is a well known English Romanist and comparative lawyer who taught for many years at Exeter University, as well as in many other places in the world. In this book, specially dedicated to him, his friends and colleagues pay tribute through a series of papers on comparative law and the history of law.<br /><br />Le Professeur David Pugsley, homme aux multiples talents, incarne un paradoxe. Pur produit de l’intelligentia britannique, de prime abord, on le découvre farouchement cosmopolite. David Pugsley est bien connu comme un spécialiste anglais du droit romain; il est aussi un juriste renommé en droit comparé. Il a enseigné durant de nombreuses années à l’Université d’Exeter, ainsi qu’en de nombreux endroits dans le monde. Dans cet ouvrage, ses amis et collègues lui rendent hommage, au travers d’une série de contributions dans les domaines du droit comparé et de l’histoire du droit qui lui sont particulièrement chers.
INGLÊS

European Private International Law - Commercial Litigation In The Eu

de Geert Van Calster

~~47,69€~~ 38,15€ 20% IMEDIATO + 5% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject.<br/>Opening with foundational questions, it clearly explains the subject''s central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. <br/>Drawing on the author''s rich experience, the new edition retains the book''s hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
INGLÊS

Legal Restrictions On Third-Country Nationals In Eu Emergencies

~~75,82€~~ 68,24€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 The book presents the conditions of entry and residence in the EU for third-country nationals during states of emergency. It contains the new EU regulation, known as the New Pact on Migration and Asylum. The right of third-country nationals within the EU is not absolute. Nonetheless, restrictions should not infringe upon fundamental rights.
INGLÊS

Drafting Cayman Islands Trusts

de James Kessler Kc e Tony Pursall

~~327,94€~~ 295,15€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Written in a straightforward, modern style and providing a comprehensive set of trust precedents this book is a value-adding reference work on key areas of trust law for private client practitioners. Containing a detailed discussion of administrative provisions, some of which are not generally dealt with in conventional textbooks on English trust law, it provides answers (with appropriate reasons and authority, where available) to a number of important questions for practitioners, such as: Are forfeiture clauses valid, and do automatic flee clauses work? How should a drafter provide for the trust's proper purpose, andwould STAR trusts be recognised in other jurisdictions? How can one validly restrict a beneficiary's right to information and trust documents, and what indemnities should retiring trustees request from their successors?The Second Edition reflects important new case law (in the Cayman Islands, England and other leading trust jurisdictions), legislative changes, changes to drafting practice and includes fully updated precedents which are also supplied as an accompanying electronic download. The meaning and, where relevant, the source of each provision used in the precedents is explained in the book, with suggested wording for common alternative options, as well as discussions of some common drafting mistakes and traps to avoid.This title is included in Bloomsbury Professional's Banking and Finance Law online service.
INGLÊS

Geopolitical Disruption In Shipping - Sanctions, War, And Force Majeure

de Richard L Kilpatrick

~~107,33€~~ 96,60€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 This book examines how the shipping industry is responding to the commercial challenges caused by geopolitical risk.Geopolitical volatility in the modern world is generating physical and economic obstacles that are disrupting shipping activities and causing disputes that raise fundamental questions of commercial law. Studying this phenomenon by exploring common themes among varied dimensions of business disruption, the book first surveys physical disruption to shipping activities across the categories of war, unrest and piracy. It then turns to the purely economic disruption caused by sanctions and alternative forms of statecraft deployed in' 'trade wars'.The book examines each of these categories by highlighting geopolitical and regulatory context, assessing industry adaptations, and analysing cross-jurisdictional case law to gather insight into the contractual rights and responsibilities impacted by these scenarios. Assessing solutions including the development of bespoke contract clauses and the application of broader principles of illegality, impossibility, frustration, and force majeure the book demonstrates that this rapidly evolving area of international commercial law demands a readiness to borrow analytical approaches across categories of business disruption.With industry participants, courts, arbitrators and scholars in mind, the book provides a contemporary perspective on the geopolitical challenges affecting shipping through a distinctive commercial law lens.
INGLÊS

Four Faces Of The Law

de Michael Beloff Kc

~~107,33€~~ 96,60€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Few have shaped the field of law, both as practitioner and writer, as Michael Beloff KC. This expertly curated collection tracks this impact through his writings and lectures.In a work divided into four interrelated parts Advocacy, Judges, History and Sport each is singly illuminated by the author's own experience and insight reflected in the accompanying illustrations.
INGLÊS

New Law Of State Aid And Subsidies

de Pablo Ib Ez Colomo

~~35,76€~~ 32,18€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 This book presents a positive account of state aid law at the EU, UK, and global levels, and provides the keys to understanding how it is adjusting to emerging realities.Industrial policy, decarbonisation, de-risking of supply chains: the regulation of subsidies is at the forefront of the transformations that the world economy is undergoing. The book provides an overview of the foundations of EU State aid law, one of the most dynamic areas of EU law. An up-to-date and accessible framework explains the core conditions underpinning the notion of State aid including advantage and selectivity.The book also covers how the EU model has changed over the past decade. It helps navigate the complex case law on the application of EU State aid law to tax rulings concluded with large multinationals (such as the Apple saga) as well as the perma-crisis of the regime since the COVID pandemic.The ways in which the EU model extends its reach beyond its borders convergence and unilateral expansion are also addressed. The UK Subsidy Control Act 2022 and the EU Foreign Subsidies Regulation are discussed and put in context.Conceived as a 'modular' book, it can be used both as a tool to navigate the fundamentals of the discipline and as a map to reflect upon its uncertain future.
INGLÊS

Law Of Tug And Tow And Offshore Contracts

de Simon Rainey

~~742,00€~~ 667,80€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 The Law of Tug and Tow and Offshore Contracts has established itself as a leading text and is written by Simon Rainey KC. It is the only modern work on the law of towage and offshore vessel services, providing a comprehensive and extensively researched account of the general law.
INGLÊS

Multinationals And Human Rights In Asia

~~119,25€~~ 107,33€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 This book investigates the availability in Asian jurisdictions of civil remedies against multinational businesses for human rights abuses. Various means have been developed in Europe and elsewhere to hold businesses accountable to victims for human rights abuses. Techniques include legislating due diligence requirements for companies operating abroad, broadening court jurisdiction to include foreign companies having subsidiaries within a country, expanding international jurisdiction, promoting universal jurisdiction, and implementing international conventions and sanctions.On the 15th anniversary of the 2011 UN Guiding Principles on Business and Human Rights, the book assesses whether the norms of the UN Guiding Principles have taken root in Asia, which has only had a mixed record for upholding human rights. The book first considers the international state of play in the field. It moves on to case studies of corporate governance and human rights in Asia (especially Japan, South Korea, India, Thailand and the Philippines). It then examines emerging issues (environmental damage and climate change, crimes against humanity, and compliance programs and corporate criminal responsibility), and considers how Asia has dealt and can deal with corporate responsibility in connection with those matters. By way of conclusion, the book offers an action plan for implementing the UN Guiding Principles in Asia.
INGLÊS

Philippine Private International Law

~~190,80€~~ 171,72€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 This book is the first authoritative reference on Philippine private international law in English. It covers all facets of Philippine private international law and its inevitable intersection with family and succession issues, commercial matters, intellectual property, competition, cross-border insolvency, and environmental disputes.This book goes beyond a systematic presentation of the traditional private international law issues on jurisdiction, applicable law, and enforcement mechanisms. Employing a problem-centred approach, the chapters also look into conflict of law questions arising in arbitration, and assess the Philippines' involvement in the harmonisation of private international law globally and regionally within ASEAN. With the Philippine legal system uniquely blending common and civil law traditions, the book presents Philippine private international law through the perspectives and analytical techniques characteristic of both traditions. In doing so, the book provides readers worldwide with a more profound and comprehensive understanding of private international law in the Philippines.
INGLÊS

Research Agenda For Environmental Compliance And Enforcement

~~33,13€~~ 29,82€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This incisive book examines cutting edge issues in environmental compliance and enforcement law. It highlights critical research needs in the field, and explains how their realisation would enhance the efforts of governments, citizens and regulated entities in ensuring compliance and enforcement.Taking a comprehensive view of the field, expert authors address research questions beginning with detection of environmental harms and continuing through to judicial resolution. Chapters focus on key areas of research, including the structure of environmental enforcement programs, the role of behaviour in compliance, measuring outcomes, inspections and auditing, monitoring, emerging regulatory technologies, citizen law suits, as well as judicial remedies and sanctions. The book also analyzes the challenges of environmental enforcement in countries with limited enforcement resources through case studies involving Columbia and Peru, and the growing role of the private sector in environmental compliance.With a spotlight on enhancing ecofriendly outcomes, this book is a valuable resource for scholars and students in environmental law, as well as criminal law and justice. It is also beneficial to environmental agency staff interested in identifying ways to improve their practices, and those involved in environmental research projects.
INGLÊS

Research Agenda For Law, Finance And The Environment

~~33,13€~~ 29,82€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This timely Research Agenda presents a much-needed legal perspective on interdisciplinary sustainable finance discourse to inspire and inform decision-making in future research and practice. Experts in diverse jurisdictions across Africa, Asia, Europe and Oceania provide practice-oriented and theoretical contributions that interweave normative themes of justice, responsibility, purpose, meaning, pluralism and diversity.Capturing the complexity of this emerging field, A Research Agenda for Law, Finance and the Environment addresses relevant financial instruments, institutions and legal interventions. Chapters cover key topics including the direct mobilization of green capital and facilitative modalities to enable systemic change and sustainable finance. The book also illuminates unconventional ideas and interventions that seek to disrupt established ways of approaching law, regulation and finance.This vital Research Agenda is a stimulating read for students and scholars of environmental law, finance and banking law, climate action and sustainability, as well as international practitioners and policymakers seeking to better understand the field and improve their critical thinking and decision-making.
INGLÊS

Financing Climate Justice - The Green Climate Fund In A Changing World

de Ruth Adler

~~33,13€~~ 29,82€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 This timely book traces the evolution of the Green Climate Fund (GCF) since its establishment in 2010. Ruth Adler investigates whether it has the legitimacy necessary to substantially contribute to the achievement of the objectives of the Paris Agreement, including limiting the increase in global average temperature to less than 2(deg)C above pre-industrial levels.Adler conducts a comprehensive study of the performance of the GCF, and addresses gaps in the existing scholarship to analyse the Fund's effectiveness. Taking a deep dive into its portfolio, she determines whether the funded projects and programs have been effective, and if they have achieved outcomes consistent with the principles of justice and equity. Chapters draw on performance reporting and independent evaluations, as well as annual reports and financial information, which indicate implementation challenges and delays. Adler ultimately argues that the Fund's legitimacy could be enhanced through reforms to its governance and contributions from a broader range of donors.This book is a crucial read for scholars and students of climate change, environmental law and public international law. It is also beneficial for practitioners and policymakers in climate policy and finance, as well as NGOs, climate activists and investors in the field.
INGLÊS

Emergency Regimes For Global Health - Law, Policy, And Institutions

~~33,13€~~ 29,82€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 This book examines the role of international, European and domestic responses to SARS-CoV-2 (Covid-19) in accelerating and solidifying trends of securitisation and public-private hybridisation in public health. It explores the broader legal, policy and institutional implications of the WHO declaration of a public health emergency of international concern (PHEIC) and the implementation of subsequent WHO recommendations for medical and non-medical countermeasures.Tracing the trends of securitisation and public-private hybridisation up to the amendments to the International Health Regulations 2024 and the new Pandemic Agreement 2025, leading scholars evaluate whether emergency responses to Covid-19 aligned with human rights law and democratic governance. Chapters address key challenges including the centralisation, uniformisation and commodification of infectious disease management, the reliance on public-private partnerships, an increase of domestic executive authority, and the reduction of judicial control and maintaining accountability. The book contemplates alternative legal and institutional approaches to pandemic preparedness and responses.Emergency Regimes for Global Health is a valuable resource for legal scholars, students and practitioners specialising in health and medical law, the law of international organisations, human rights and domestic constitutional law.
INGLÊS

Re-Imagining Environmental Law

~~33,13€~~ 29,82€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 This timely book explores how environmental law must evolve to combat urgent global threats, such as climate change, biodiversity loss, and ecological degradation. In order to effectively mitigate these challenges, the book advocates for holistic, inclusive, and creative solutions that prioritise recovery and regeneration.Examined through global and interdisciplinary lenses, the chapters cover key ecological concerns including climate justice, indigenous rights, mental health impacts, and governance innovation. Leading experts rethink traditional legal frameworks, proposing adaptive models grounded in community participation and systemic reform. They emphasise justice and inclusivity, highlighting how indigenous knowledge systems, youth advocacy, mental health support, and rights-based approaches will help alleviate the current climate crisis. Re-imagining Environmental Law provides a compelling vision for a legal system that nurtures ecological and social wellbeing, prioritising education, care, and a commitment to planetary health for future generations.This book is a valuable resource for scholars and students in the fields of environmental law and sustainability studies. The book's focus on rights, community engagement, and governance innovation will also be of great benefit to policymakers, government advisors, NGOs, and civil society advocates.
INGLÊS

Principles Of Statutory Interpretation

de Richard Calnan

~~103,34€~~ 82,67€ 20% IMEDIATO + 5% EM CARTÃO

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 The interpretation of legal texts is, essentially, a question of judgement. But that judgement cannot be exercised arbitrarily, it must be exercised in accordance with the rule of law. In Principles of Statutory Interpretation, Richard Calnan explains these rules using seven defined principles that should be considered when interpreting legislation. The first principle of 'object intention' concerns establishing how a reasonable person would interpret the legislation. The second confirms that the actual text or words of the statute are the source of that objective intention. Principle 3 reminds us that words used must be interpreted given their role in the statute as a whole, and the fourth principle examines how that context may be judged. The fifth and sixth highlight that words should, generally, be given their natural meaning in statute, and for those words that are ambiguous, the approach is to apply the meaning that the legislature is most likely to have intended. However, the seventh principle recognises that there are circumstances when words are given a meaning which differs from their natural meaning. These principles are not a series of self-contained precepts which can be applied independently of each other, rather they need to be understood together. Principles of Statutory Interpretation, provides the reader with examples which illustrate how the various principles of statutory interpretation, work in practice
INGLÊS

Principles Of Statutory Interpretation

de Richard Calnan

~~103,34€~~ 82,67€ 20% IMEDIATO + 5% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 The interpretation of legal texts is, essentially, a question of judgement. But that judgement cannot be exercised arbitrarily, it must be exercised in accordance with the rule of law. In Principles of Statutory Interpretation, Richard Calnan explains these rules using seven defined principles that should be considered when interpreting legislation. The first principle of 'object intention' concerns establishing how a reasonable person would interpret the legislation. The second confirms that the actual text or words of the statute are the source of that objective intention. Principle 3 reminds us that words used must be interpreted given their role in the statute as a whole, and the fourth principle examines how that context may be judged. The fifth and sixth highlight that words should, generally, be given their natural meaning in statute, and for those words that are ambiguous, the approach is to apply the meaning that the legislature is most likely to have intended. However, the seventh principle recognises that there are circumstances when words are given a meaning which differs from their natural meaning. These principles are not a series of self-contained precepts which can be applied independently of each other, rather they need to be understood together. Principles of Statutory Interpretation, provides the reader with examples which illustrate how the various principles of statutory interpretation, work in practice
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Making Of International Criminal Justice

eBook 25%

INGLÊS

Making Of International Criminal Justice - A View From The Bench: Selected Speeches

de Theodor Meron

~~34,44€~~ 27,55€ 20% IMEDIATO + 5% EM CARTÃO

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 There has been a quiet revolution over the course of the past quarter century in the prosecution of individuals for war crimes before international courts. Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in just the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead. As a leading scholar on humanitarian law, past President of the International Criminal Tribunal for the former Yugoslavia, and Appeals Judge for both the Yugoslavia and Rwanda Tribunals, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order. In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique, insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law regarding everything from sentencing and self-representation to the law of genocide and the protection of prisoners of war, the contributions of other international courts, and the responsibilities of international jurists. Judge Meron's personal reflections and unparalleled experience in international criminal justice make this volume as rewarding for experts as it is for the general public.
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Treatise On International Criminal Law

eBook 25%

INGLÊS

Treatise On International Criminal Law - Volume I: Foundations And General Part

de Kai Ambos

~~164,29€~~ 131,43€ 20% IMEDIATO + 5% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 This is a new edition of the first volume of Kai Ambos' acclaimed three-volume treatise on the principles and practice of international criminal law. This volume provides an authoritative and comprehensive account of the foundations and general part of international criminal law, and the general principles of international criminal justice.
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Domain Name Law And Practice

eBook 25%

INGLÊS

Domain Name Law And Practice - An International Handbook

~~425,31€~~ 340,25€ 20% IMEDIATO + 5% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 An established authority for lawyers seeking to advise on or enforce their clients' rights within the domain name system, Domain Name Law and Practice, in its second edition, provides comprehensive, reliable analysis, fully updated to cover additional national jurisdictions and a wealth of information concerning ICANN's new gTLD launch.
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Domain Name Law And Practice

eBook 25%

INGLÊS

Domain Name Law And Practice - An International Handbook

~~425,31€~~ 340,25€ 20% IMEDIATO + 5% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 An established authority for lawyers seeking to advise on or enforce their clients' rights within the domain name system, Domain Name Law and Practice, in its second edition, provides comprehensive, reliable analysis, fully updated to cover additional national jurisdictions and a wealth of information concerning ICANN's new gTLD launch.
INGLÊS

Restrictions On The Right To Repair Under Ip Law. Impacts On Achievement Of Sustainability Goals

de Martin Gigoni

~~15,61€~~ 12,49€ 20% IMEDIATO + 5% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 Research Paper (postgraduate) from the year 2023 in the subject Law - European and International Law, Intellectual Properties, grade: 72, University of Kent, course: Contemporary Topics in IP Law, language: English, abstract: This Paper argues that the EU needs to adopt a harmonised policy framework promoting the right to repair and limiting manufacturers' use of IPRs on software to restrict repair rights which ultimately impacts the achievement of sustainability goals. Part B begins with the origins of the right to repair movement and its significance. Part C discusses restrictions on repair rights, including the role of IPRs. Part D discusses how the EU legal framework recognises repair rights and contrasts this with the Australian approach. Part E discusses the suggestions of scholars on reforms to the EU legal framework to better tackle restrictions on repair rights. Modern electronics constitute not only the hardware in the device itself but also the embedded software that is critical to the device s functionality. This software is usually pre-installed on the device by the manufacturer to run all its basic operations. This integration of software systems to devices, sometimes called the "softening of hardware", requires the intervention of intellectual property rights (IPRs) to delineate the blurry lines separating the device and its functional components in software. Consequently, manufacturers use IPRs on the embedded software to limit the consumer s control over a device and effectively lock them out from doing basic repairs to restore functionality. These limitations discourage many consumers from pursuing repairs in favour of purchasing new devices and discarding the faulty ones. The result is a linear model of consumption and a throw away culture contributing to large amounts of electronics waste (e-waste) disposed worldwide. In 2019, consumer electronics comprised 54 million Metric Tons of e-waste, with Europe contributing 12 million Metric Tons. Worse still, the effects of e-waste pileups have for decades flowed downstream from developed to developing countries. In response, the European Union (EU) has focused on achieving a circular economy to reduce e-waste by extending the lifespan and usability of products through, inter alia, recognising the right to repair movement.
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Doubtful Contribution. Review Of Anthony Carty: &Quote;The Iraq Invasion As A Recent United Kingdom 'Contribution' To International Law&Quote;

eBook 25%

INGLÊS

Doubtful Contribution. Review Of Anthony Carty: &Quote;The Iraq Invasion As A Recent United Kingdom 'Contribution' To International Law&Quote;

de Alexander Eriksrod

~~3,42€~~ 2,74€ 20% IMEDIATO + 5% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 Literature Review from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: 17/20, Sciences Po Paris, Dijon, Nancy, Poitier, Menton, Havre, course: The Basics of International Law and issues of International Law and War, language: English, abstract: This short abstract gives an overview of Anthony Carty's "The Iraq Invasion as a recent UK 'Contribution' to International Law", its main ideas and historical and political context such as of how Britain (together with its allies) framed Saddam Hussein as a threat to international peace in order to build up support for its intervention. "The Iraq Invasion as a Recent United Kingdom 'Contribution" to International Law" was published in the European Journal of International Law Vol. 16 no. 1 (2005).
INGLÊS

Protecting Champagne As A Geographical Indication. The Champengwine Case

~~7,83€~~ 7,05€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Academic Paper from the year 2024 in the subject Law - European and International Law, Intellectual Properties, grade: 28/30, Bocconi University, course: European and International Advanced IP Law, language: English, abstract: This paper aims to explore the interplay between trademark law and the often-elusive concept of bad faith against the backdrop of protecting the Champagne Geographical Indication by examining the case of CIVC and INAO v. Keep Waddling International Pte. Ltd. [2020] SGIPOS 10 and its implications within trademark and GI jurisprudence. The unique reputation of champagne is guaranteed by the protection afforded by the Champagne GI, a type of intellectual property right primarily cited in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), ensuring that the label champagne can only be used for sparkling wines produced from certain grape varieties grown in the eponymous region in France. Protecting the appellation of origin reassures the consumer product authenticity and the strict restraints on the words use by the CIVC and INAO is motivated by the anticipation of the term and therefore the product of champagne becoming arbitrary and universal with unlimited use. The degree of similarity of terms and the therefore resulting likelihood of confusion for the consumer plays an essential role in deciding whether signs for products manufactured outside the Champagne region can be granted legal protection or not. In the case considered, the inclusion of "ChamPeng" in the Applicant s trademark led to the refusal of its protection, not because the trademark would not meet the necessary registration requirements, but because its similarity to the champagne term gave inference for bad faith. Since the case s dispute does not arise from a false claim or deceptive information, it particularly diverges from traditionally established bad faith categories. Therefore, the following question arises: How does the case contribute to the conduct of protection of GIs in trademark law?The examination of the aforementioned issue will involve a comprehensive review of the case under consideration. Initially, the legal foundations and the Applicant's claims that prompted the legal proceedings will be outlined to establish the legal basis of the case. Subsequently, attention will be directed towards presenting the counterpart s position, providing insights into the potential resolution of the dispute afterwards. Finally, the Court's ultimate decision will be scrutinized to discern its potential impact on enhancing the broader legal framework and in its challenging of conventional boundaries within trademark jurisprudence.
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