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Infrastrukturmaßnahmen für den alpenquerenden und inneralpinen Gütertransport: Eine europarechtliche Analyse vor dem Hintergrund der Alpenkonvention (Schriftenreihe Natur und Recht #16)
by Jennifer HeuckDas steigende Güterverkehrsaufkommen in der Europäischen Union führt zu Umweltbeeinträchtigungen, von denen der Alpenraum in besonderem Maße betroffen ist. Das vorliegende Werk geht der Frage nach, wie dem unter Berücksichtigung der Grundfreiheiten der Europäischen Union – insbesondere des freien Warenverkehrs – durch gezielte rechtliche Maßnahmen begegnet werden kann. Zentrale Bedeutung kommt dabei den rechtlichen Bestimmungen zur Errichtung und Nutzung von Infrastrukturen für den alpenquerenden und inneralpinen Güterverkehr zu, insbesondere der Alpenkonvention - einem völkerrechtlichen Abkommen zum Schutz und Erhalt der Alpen - und ihrem Verkehrsprotokoll, deren Vertrags- bzw. Unterzeichnerparteien die Europäische Union sowie die acht Alpenstaaten sind. Die Alpenkonvention und das Verkehrsprotokoll werden in dem Werk erstmals umfassend dargestellt und analysiert. Schließlich zeigt die Untersuchung, welche rechtlichen Wirkungen das Verkehrsprotokoll, das die Europäische Union bisher lediglich unterzeichnet hat, im Falle seiner Ratifikation für die Europäische Union entfalten würde.
Infringement Nation: Copyright 2.0 and You
by John TehranianWritten on the occasion of copyright's 300th anniversary, John Tehranian's Infringement Nation presents an engaging and accessible analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in the twenty-first century. Organized around the trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our most basic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control. Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's "Smells Like Teen Spirit," the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retroussé nose, the poisonous tomato, flag burning, music as a form of torture, the smell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrine and the development of a copyright 2.0.
Infringement Proceedings in EU Law (European Monographs Series)
by Luca PreteInfringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book – the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU – provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes. Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as: – the Commission’s discretion to bring a case before the Court; – the author of the infringement, including national courts or private entities; – Member States’ procedural and substantive defences; – the different procedures under Articles 258, 259 and 260(2) and (3) TFEU; – rights of private parties; – interim measures; – ¬financial sanctions; – Member States’ liability; and – the roles played by the European Parliament and the Ombudsman. Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics. Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.
Inhabiting an Embattled Body: The Making of Warrior Masculinities in Sri Lanka
by Jani de SilvaThis book offers an anthropological account of Sri Lanka’s Eelam Wars III and IV. It is based on the life-narratives of ex-servicemen who fought on the frontlines. The volume approaches militarism as a practice of masculinity. It explores the sense of embattlement that young recruits feel, which stems from the inner war between notions of bodily deference instilled in childhood and having to conduct offensives on the battlefield. Thus though they wish to move smoothly into the assault techniques learnt in combat-training, they sometimes find their bodies are acting-out a different trajectory; engaging in acts of spectacular violence or simply running away. It traverses themes such as masculinity and Sinhala society, British martial masculinity vs the composed body in Sinhala discourse, combat-training and the battlefield. The author traces the ways in which troops tried to negotiate the thin line between valour and violence in a context in which the enemy’s suicide fighters engaged in the more extreme code of sacrificing-the-body, which derided the very manliness of soldiers who couldn’t prevail against them. She argues that the Sri Lankan experience has resonance for soldiers on battlefields everywhere, who become embattled when confronted by adversaries whose practice seems to diminish their own manliness. Rich in ethnographical narratives, this book will be interest scholars and researchers of war studies, gender studies, masculinity studies, peace and conflict studies, ethnic studies, political science, international relations, sociology, social anthropology, cultural studies, and South Asian studies, especially those concerned with Sri Lanka.
Inhabiting an Embattled Body: The Making of Warrior Masculinities in Sri Lanka
by Jani de SilvaThis book offers an anthropological account of Sri Lanka’s Eelam Wars III and IV. It is based on the life-narratives of ex-servicemen who fought on the frontlines. The volume approaches militarism as a practice of masculinity. It explores the sense of embattlement that young recruits feel, which stems from the inner war between notions of bodily deference instilled in childhood and having to conduct offensives on the battlefield. Thus though they wish to move smoothly into the assault techniques learnt in combat-training, they sometimes find their bodies are acting-out a different trajectory; engaging in acts of spectacular violence or simply running away. It traverses themes such as masculinity and Sinhala society, British martial masculinity vs the composed body in Sinhala discourse, combat-training and the battlefield. The author traces the ways in which troops tried to negotiate the thin line between valour and violence in a context in which the enemy’s suicide fighters engaged in the more extreme code of sacrificing-the-body, which derided the very manliness of soldiers who couldn’t prevail against them. She argues that the Sri Lankan experience has resonance for soldiers on battlefields everywhere, who become embattled when confronted by adversaries whose practice seems to diminish their own manliness. Rich in ethnographical narratives, this book will be interest scholars and researchers of war studies, gender studies, masculinity studies, peace and conflict studies, ethnic studies, political science, international relations, sociology, social anthropology, cultural studies, and South Asian studies, especially those concerned with Sri Lanka.
Inhalts- und Schrankenbestimmungen des Grundeigentums zum Schutz der natürlichen Lebensgrundlagen: Das Verhältnis von Art. 14 Abs. 1 und 2 GG zu Art. 20a GG (Bibliothek des Eigentums #4)
by Daniela BlasbergGrundeigentum und Umweltschutz stehen sich bisweilen konfliktreich gegenüber. Nahezu jede Eigentumsbeeinträchtigung kann mit Verweis auf den Schutz der natürlichen Lebensgrundlagen als Staatsziel gerechtfertigt werden. Dadurch droht der verfassungsrechtliche Eigentumsschutz leer zu laufen. Die Untersuchung des Verhältnisses zwischen Art. 14 Abs. 1 und 2 GG und Art. 20a GG ergibt jedoch einen klaren Befund: Der gesetzgeberischen Gestaltungsfreiheit, die die Staatszielbestimmung gewährt, werden durch das Eigentumsgrundrecht eindeutige Grenzen gezogen.
The Inherent Right of Self-Defence in International Law (Ius Gentium: Comparative Perspectives on Law and Justice #19)
by Murray Colin AlderDetermining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.
Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding (Contributions in Legal Studies)
by Thomas B. McAffeeIn recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus.It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government.
The Inheritance: Orders From Berlin, The Inheritance, The King Of Diamonds (Inspector Trave Ser. #1)
by Simon TolkienWhen an eminent art historian is found dead in his study, all the evidence points to his estranged son, Stephen. With his fingerprints on the murder weapon, Stephen’s guilt seems undeniable.
Inheritance and the Right to Bequeath: Legal and Philosophical Perspectives (Law and Politics)
by Hans-Christoph Schmidt Am Busch Daniel Halliday Thomas GutmannIn every Western democracy today, inheritances have a very profound influence on people’s lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research. It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, are discussed: What is the nature of the right to bequeath? What are the social functions of bequest and inheritance? What arguments concerning justice have philosophers and legal scholars advanced in favour or against practices of bequest and inheritance? How should we think about taxing the wealth transfers that occur in bequest and inheritance? In discussing these questions, the authors break new ground and offer much needed insight into several related domains, such as the philosophy of law; legal theory; general and applied ethics; social and political philosophy; theories of justice; and the history of legal, political, and economic thought. This book will be of great interest to scholars in these areas as well as policy-makers.
Inheritance and the Right to Bequeath: Legal and Philosophical Perspectives (Law and Politics)
by Hans-Christoph Schmidt am Busch Daniel Halliday Thomas GutmannIn every Western democracy today, inheritances have a very profound influence on people’s lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research. It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, are discussed: What is the nature of the right to bequeath? What are the social functions of bequest and inheritance? What arguments concerning justice have philosophers and legal scholars advanced in favour or against practices of bequest and inheritance? How should we think about taxing the wealth transfers that occur in bequest and inheritance? In discussing these questions, the authors break new ground and offer much needed insight into several related domains, such as the philosophy of law; legal theory; general and applied ethics; social and political philosophy; theories of justice; and the history of legal, political, and economic thought. This book will be of great interest to scholars in these areas as well as policy-makers.
Inheritance Matters: Kinship, Property, Law
by Suzanne Lenon and Daniel MonkThis book makes a compelling case for placing the social and legal practices of inheritance centre stage to make sense of fundamental questions of our time.Drawing on historical, literary, sociological, and legal analysis, this rich collection of original, interdisciplinary and international contributions demonstrates how inheritance is and has always been about far more than the set of legal processes for the distribution of wealth and property upon death. The contributions range from exploring the intractable tensions underlying family disputes and the legal and political debates about taxation, to revisiting literary plots in the past and presenting a contemporary artistic challenge of heirship. With an introduction that presents a critical mapping of the field of inheritance studies, this collection reveals the complexity of ideas about 'passing on', 'legacies', and 'heirlooms'; troubles some of the enduring consequences of 'charitable bequests', 'family money', and 'estate planning; and, deepens our understanding of the intimate and political practices of inheritance.
Inheritance Matters: Kinship, Property, Law
This book makes a compelling case for placing the social and legal practices of inheritance centre stage to make sense of fundamental questions of our time.Drawing on historical, literary, sociological, and legal analysis, this rich collection of original, interdisciplinary and international contributions demonstrates how inheritance is and has always been about far more than the set of legal processes for the distribution of wealth and property upon death. The contributions range from exploring the intractable tensions underlying family disputes and the legal and political debates about taxation, to revisiting literary plots in the past and presenting a contemporary artistic challenge of heirship. With an introduction that presents a critical mapping of the field of inheritance studies, this collection reveals the complexity of ideas about 'passing on', 'legacies', and 'heirlooms'; troubles some of the enduring consequences of 'charitable bequests', 'family money', and 'estate planning; and, deepens our understanding of the intimate and political practices of inheritance.
Inheritance of Wealth: Justice, Equality, and the Right to Bequeath (New Topics in Applied Philosophy)
by Daniel HallidayDaniel Halliday examines the moral grounding of the right to bequeath or transfer wealth. He engages with contemporary concerns about wealth inequality, class hierarchy, and taxation, while also drawing on the history of the egalitarian, utilitarian, and liberal traditions in political philosophy. He presents an egalitarian case for restricting inherited wealth, arguing that unrestricted inheritance is unjust to the extent that it enables and enhances the intergenerational replication of inequality. Here, inequality is understood in a group-based sense: the unjust effects of inheritance are principally in its tendency to concentrate certain opportunities into certain groups. This results in what Halliday describes as 'economic segregation'. He defends a specific proposal about how to tax inherited wealth: roughly, inheritance should be taxed more heavily when it comes from old money. He rebuts some sceptical arguments against inheritance taxes, and makes suggestions about how tax schemes should be designed.
Inheritance of Wealth: Justice, Equality, and the Right to Bequeath (New Topics in Applied Philosophy)
by Daniel HallidayDaniel Halliday examines the moral grounding of the right to bequeath or transfer wealth. He engages with contemporary concerns about wealth inequality, class hierarchy, and taxation, while also drawing on the history of the egalitarian, utilitarian, and liberal traditions in political philosophy. He presents an egalitarian case for restricting inherited wealth, arguing that unrestricted inheritance is unjust to the extent that it enables and enhances the intergenerational replication of inequality. Here, inequality is understood in a group-based sense: the unjust effects of inheritance are principally in its tendency to concentrate certain opportunities into certain groups. This results in what Halliday describes as 'economic segregation'. He defends a specific proposal about how to tax inherited wealth: roughly, inheritance should be taxed more heavily when it comes from old money. He rebuts some sceptical arguments against inheritance taxes, and makes suggestions about how tax schemes should be designed.
Inheritance Tax in Scotland 2017/18
by Fiona McDonaldThis essential guide to inheritance tax provides a clearly structured analysis of the major tax provisions together with the tips and planning techniques you will need to apply them successfully. This is the only text to take full account of the peculiarities of Inheritance Tax in a Scottish context. Inheritance Tax in Scotland 2017/18 focuses on the day-to-day issues tax advisers frequently encounter in practice. Packed full of useful features including worked examples, diagrams, and common-sense know-how, tax advisers using this essential book will be directed to explanations and answers to key inheritance tax questions and scenarios. Fully updated to the Finance Act 2017
Inherited Wealth (PDF)
by Jens Beckert Thomas DunlapHow to regulate the transfer of wealth from one generation to the next has been hotly debated among politicians, legal scholars, sociologists, economists, and philosophers for centuries. Bequeathing wealth is a vital ingredient of family solidarity. But does the reproduction of social inequality through inheritance square with the principle of equal opportunity? Does democracy suffer when family wealth becomes political power? The first in-depth, comparative study of the development of inheritance law in the United States, France, and Germany, Inherited Wealth investigates longstanding political and intellectual debates over inheritance laws and explains why these laws still differ so greatly among these countries. Using a sociological perspective, Jens Beckert sheds light on the four most controversial issues in inheritance law during the past two centuries: the freedom to dispose of one's property as one wishes, the rights of family members to the wealth bequeathed, the dissolution of entails (which restrict inheritance to specific classes of heirs), and estate taxation. Beckert shows that while the United States, France, and Germany have all long defended inheritance rights based on the notion of individual property rights, they have justified limitations on inheritance rights in profoundly different ways, reflecting culturally specific ways of understanding the problems of inherited wealth.
Inheriting the Future: Legacies of Kant, Freud, and Flaubert (Meridian: Crossing Aesthetics #261)
by Elizabeth RottenbergThis book explores several canonical works of philosophy, psychoanalysis, and literature. The surprising juxtaposition of Kant's moral philosophy, Freud's reflections on obsessional neurosis, and Flaubert's peculiar late novel Bouvard et Pécuchet forms the basis of a compelling argument linking each of these central works around the problem of moral thought as it fundamentally determines the modern subject in relation to time. The book engages an area of emerging importance in contemporary critical thought, the problem of ethics or "otherness" as a crucial factor at play in speculative and literary works. The readings in this book provide insight into the ways in which three fundamental philosophical, psychoanalytic, and literary texts can be reread in light of their confrontation with a seemingly inhuman force at the heart of the foundation of the human subject.
Initial Airworthiness: Determining the Acceptability of New Airborne Systems
by Guy GrattonDesigned as an introduction for both advanced students in aerospace engineering and existing aerospace engineers, this book covers both engineering theory and professional practice in establishing the airworthiness of new and modified aircraft. Initial Airworthiness includes information on:· how structural, handling, and systems evaluations are carried out;· the processes by which safety and fitness for purpose are determined; and· the use of both US and European unit systemsCovering both civil and military practice and the current regulations and standards across Europe and North America, Initial Airworthiness will give the reader an understanding of how all the major aspects of an aircraft are certified, as well as providing a valuable source of reference for existing practitioners.This second edition has been updated for changes in regulation worldwide, including UK "E-conditions" and Single Seat De-Regulation, the new part 23 regulations in the USA and Europe, and developments to Extended Range Twin-Engine Operations worldwide. Entirely new sections have been added to explain the management of certification programmes, professional ethics within airworthiness practice, environmental impact of aircraft, and aeroplane departures from controlled flight. This edition also includes many new figures, case studies and references to sources of further information.
Initial Coin Offering: Unternehmensfinanzierung auf Basis der Blockchain-Technologie (essentials)
by Christopher Hahn Adrian WonsDas essential vermittelt einen Einblick in den Ablauf und die Funktionsweise eines Initial Coin Offering (ICO) als innovative Finanzierungsmethode für Start-up-Unternehmen. Ein ICO erzielt unabhängig von klassischen Kapitalgebern schnell eine große Reichweite möglicher Investoren und erfolgt dabei rein digital auf Basis der Blockchain-Technologie. Die Autoren erläutern die Bedeutung und die Struktur eines ICO sowie die Notwendigkeit für junge Unternehmen, sich frühzeitig mit den rechtlichen Anforderungen und der Planung auseinanderzusetzen. Das essential enthält zahlreiche Übersichten zum illustrativen Verständnis sowie praxisnahe Checklisten zur Planung und Durchführung eines ICOs.
Initial Public Offerings: An International Perspective of IPOs (Quantitative Finance)
by Greg N. GregoriouAfter the cooling off of IPOs since the dot com bubble, Google has rekindled the fire for IPOs. This IPO reader contains new articles exclusive to this reader by leading academics from around the world dealing with quantitative and qualitative analyses of this increasingly popular and important area of finance. Articles address new methods of IPO performance, international IPOs, IPO evaluation, IPO underwriting, evaluation and bookbuilding. Although numerous articles are technical in nature, with econometric and statistical models, particular attention has been directed towards the understanding and the applicability of the results as well as theoretical development in this area. This reader will assist researchers, academics, and graduate students to further understand the latest research on IPOs.*Interest in IPOs is increasing again after the Google IPO, and IPOs are up significantly from last year*Chapters by well known academics provide an international perspective, describing research results from IPO data in countries spanning the globe*Research is based on real results from IPO data collected over the past 5-7 years
Iniuria and the Common Law (Hart Studies in Private Law)
by Eric Descheemaeker Helen ScottThe delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality.It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.
Iniuria and the Common Law (Hart Studies in Private Law)
by Eric Descheemaeker Helen ScottThe delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality.It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.
Injunctions in Private Law (Elgar Litigation Series)
by David CapperInjunctions in Private Law presents the key principles, rules and case law relating to the granting of injunctions as remedies in private law. This authoritative work addresses a range of legal infringements namely nuisance, trespass, invasion of privacy, breach of contract and the infringement of intellectual property rights.Key Features:Clear and coherent analysis of the key legal principles applying to the law on injunctions in private law, which demonstrates how those principles can be applied to new issues as they ariseExposition of the current legal tests for the granting of injunctions and how they can operate most effectivelyAnalysis of the claimant’s need for an immediate remedy and how this can be reconciled with the due process rights of the defendantDiscussion of prevalent debates in contemporary injunctions law, such as the optimum test for granting interim injunctions and whether damages or injunctions are a more appropriate remedy for the infringement of private rightsInjunctions in Private Law is indispensable for legal professionals practising in the area of private law, especially those involved in preparing and presenting cases in the senior courts. Scholars and students of equity and trusts, contracts and private law remedies will also benefit from the fundamental principles discussed in this essential resource.
Injunctive Relief and International Arbitration: Injunctive Relief And International Arbitration (Lloyd's Arbitration Law Library)
by Hakeem SerikiThis book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.