- Table View
- List View
Collected Papers, Volume 2: Knowledge, Rationality, and Morality, 1978-2010
by Stephen StichThis volume collects the best and most influential essays on knowledge, rationality and morality that Stephen Stich has published in the last 40 years. All of the essays are concerned, in one way or another, with the ways in which findings and theories in the cognitive sciences can contribute to, and sometimes reshape traditional philosophical conversations and debates. A central theme in the essays on epistemology and rationality is the philosophical significance of empirical work on human reasoning done by researchers in the "heuristics and biases" tradition, and by their critics in evolutionary psychology. In the essays on morality, a wide range of empirical work is explored, including studies of the psychological foundations of norms, work on the moral / conventional distinction, and empirical attempts to determine whether humans ever act on altruistic motives. Stich was one of the pioneers in the experimental philosophy movement, and work in experimental philosophy plays a prominent role in many of these essays. The volume includes a new introductory essay that offers an overview of the papers and traces the history of how they emerged.
Collection of ICC Arbitral Awards 2012 – 2015
by Jean-Jacques Arnaldez Yves Derains Dominique HascherThe Collection of ICC Arbitral Awards 2012-2015 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements six previous and successful volumes containing awards from the periods 1974-1985, 1986-1990, 1991-1995, 1996-2000, 2001-2007 and 2008-2011. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: – a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; – a chronological index lists the awards; – a key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.
Collection of ICC Arbitral Awards 2016-2020 (Collection of ICC Arbitral Awards #8)
by Jean-Jacques Arnaldez Yves Derains Dominique T. Hascher<span style="font-size:12.0pt;font-family: "Times New Roman",serif;mso-fareast-font-family:"Times New Roman";color:black; mso-fareast-language:EN-IN">The<span style="font-size:12.0pt;font-family: "Times New Roman",serif;mso-fareast-font-family:"Times New Roman";color:black; mso-fareast-language:EN-IN"> Collection of ICC Arbitral Awards 2016¿2020<span style="font-size:12.0pt;font-family: "Times New Roman",serif;mso-fareast-font-family:"Times New Roman";color:black; mso-fareast-language:EN-IN"> contains extracts of cases handled by the ICC Court of Arbitration, one of the world’s most respected arbitral institutions. This most recent collection supplements seven previous and successful volumes containing awards from the period 1974 to 2015. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: <p style="margin-bottom:0in;margin-bottom:.0001pt;line-height: normal;background:white" class="MsoNormal"> <p style="margin-top:0in;margin-right:0in;margin-bottom:0in; margin-left:.25in;margin-bottom:.0001pt;line-height:normal;background:white" class="MsoNormal"><span style="font-size:12.0pt;font-family:"Times New Roman",serif;mso-fareast-font-family: "Times New Roman";color:black;mso-fareast-language:EN-IN">a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; <p style="margin-top:0in;margin-right:0in;margin-bottom:0in; margin-left:.25in;margin-bottom:.0001pt;line-height:normal;background:white" class="MsoNormal"><span style="font-size:12.0pt;font-family:"Times New Roman",serif;mso-fareast-font-family: "Times New Roman";color:black;mso-fareast-language:EN-IN">a chronological index lists the awards; <p style="margin-top:0in;margin-right:0in;margin-bottom:0in; margin-left:.25in;margin-bottom:.0001pt;line-height:normal;background:white" class="MsoNormal"><span style="font-size:12.0pt;font-family:"Times New Roman",serif;mso-fareast-font-family: "Times New Roman";color:black;mso-fareast-language:EN-IN">a keyword index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. <p style="margin-bottom:0in;margin-bottom:.0001pt;line-height: normal;background:white" class="MsoNormal"><span style="font-size:12.0pt;font-family: "Times New Roman",serif;mso-fareast-font-family:"Times New Roman";color:black; mso-fareast-language:EN-IN"> In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.
Collective Access to Justice: Assessing the Potential of Class Actions in England and Wales
by Michael MolaviAt a time when the collective redress landscape is undergoing a period of transformative change, this important and timely research focuses on class actions in England and Wales. The author provides an objective analysis of the costs and benefits of these proceedings from an access to justice perspective. Aiming to promote accessibility, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.
Collective Access to Justice: Assessing the Potential of Class Actions in England and Wales
by Michael MolaviAt a time when the collective redress landscape is undergoing a period of transformative change, this important and timely research focuses on class actions in England and Wales. The author provides an objective analysis of the costs and benefits of these proceedings from an access to justice perspective. Aiming to promote accessibility, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.
The Collective-Action Constitution (Theoretical Perspectives in Law)
by Neil S. SiegelThe United States Constitution was established primarily because of the widely recognized failures of its predecessor, the Articles of Confederation, to adequately address "collective-action problems" facing the states. These problems included funding the national government, regulating foreign and interstate commerce, and defending the nation from attack. Meeting such challenges required the states to cooperate or coordinate their behavior, but they often struggled to do so both inside and outside the Confederation Congress. By empowering Congress to solve collective-action problems, and by creating a national executive and judiciary to enforce federal law, the Constitution promised a substantially more effective federal government. An important read for scholars, lawyers, judges, and students alike, Neil Siegel's The Collective-Action Constitution addresses how the U.S. Constitution is, in a fundamental sense, the Collective-Action Constitution. Any faithful account of what the Constitution is for and how it should be interpreted must include the primary structural purpose of empowering the federal government to solve collective-action problems for the states and preventing them from causing such problems. This book offers a thorough examination of the collective-action principles animating the structure of the Constitution and how they should be applied to meet many of the most daunting challenges facing American society today.
The Collective-Action Constitution (Theoretical Perspectives in Law)
by Neil S. SiegelThe United States Constitution was established primarily because of the widely recognized failures of its predecessor, the Articles of Confederation, to adequately address "collective-action problems" facing the states. These problems included funding the national government, regulating foreign and interstate commerce, and defending the nation from attack. Meeting such challenges required the states to cooperate or coordinate their behavior, but they often struggled to do so both inside and outside the Confederation Congress. By empowering Congress to solve collective-action problems, and by creating a national executive and judiciary to enforce federal law, the Constitution promised a substantially more effective federal government. An important read for scholars, lawyers, judges, and students alike, Neil Siegel's The Collective-Action Constitution addresses how the U.S. Constitution is, in a fundamental sense, the Collective-Action Constitution. Any faithful account of what the Constitution is for and how it should be interpreted must include the primary structural purpose of empowering the federal government to solve collective-action problems for the states and preventing them from causing such problems. This book offers a thorough examination of the collective-action principles animating the structure of the Constitution and how they should be applied to meet many of the most daunting challenges facing American society today.
Collective Actions in Europe: A Comparative, Economic and Transsystemic Analysis (SpringerBriefs in Law)
by Csongor István NagyThis open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
Collective and Mass Litigation in Europe: Model Rules for Effective Dispute Resolution
Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field. Chapters investigate important issues for mass and collective actions including certification of actions as suitable for collective treatment, collective settlement, costs and funding. Concluding with insights from class action experts outside Europe, this incisive book provides objective perspectives on this rapidly developing area of European legal practice and proposes areas where these rules may influence class actions internationally. Collective and Mass Litigation in Europe will be a key resource for scholars and students of collective redress and civil procedure. The commentary on this significant benchmark in collective redress litigation will also be of benefit to policy makers, judges and legal practitioners involved in mass claims.
Collective and State Violence in Turkey: The Construction of a National Identity from Empire to Nation-State
by Stephan H. Astourian and Raymond H. KévorkianTurkey has gone through significant transformations over the last century—from the Ottoman Empire and Young Turk era to the Republic of today—but throughout it has demonstrated troubling continuities in its encouragement and deployment of mass violence. In particular, the construction of a Muslim-Turkish identity has been achieved in part by designating “internal enemies” at whom public hatred can be directed. This volume provides a wide range of case studies and historiographical reflections on the alarming recurrence of such violence in Turkish history, as atrocities against varied ethnic-religious groups from the nineteenth century to today have propelled the nation’s very sense of itself.
Collective Bargaining and Collective Action: Labour Agency and Governance in the 21st Century? (Oñati International Series in Law and Society)
by Julia López LópezThis book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures and collective bargaining itself. As the distinguished group of participating authors shows, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators and other key actors makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel under-represented by existing institutions have contributed to new types of protest and 'agency'. Building on classical debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, as they are broadly construed.
Collective Bargaining and Collective Action: Labour Agency and Governance in the 21st Century? (Oñati International Series in Law and Society)
by Julia López LópezThis book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures and collective bargaining itself. As the distinguished group of participating authors shows, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators and other key actors makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel under-represented by existing institutions have contributed to new types of protest and 'agency'. Building on classical debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, as they are broadly construed.
Collective Bargaining Developments in Times of Crisis
by Sylvaine LaulomIn many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.
Collective Bargaining for Self-Employed Workers in Europe: Approaches to Reconcile Competition Law and Labour Rights
by Bernd Waas Christina HießlCollective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.
Collective Bargaining in Labour Law Regimes: A Global Perspective (Ius Comparatum - Global Studies in Comparative Law #32)
by Ulla LiukkunenThis book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.
The Collective Dimension of Freedom of Religion: A Case Study on Turkey (Law and Religion)
by Mine YıldırımThe right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.
The Collective Dimension of Freedom of Religion: A Case Study on Turkey (Law and Religion)
by Mine YıldırımThe right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.
The Collective Dimensions of Employment Relations: Interdisciplinary Perspectives on Workers’ Voices and Changing Workplace Patterns
by Tindara Addabbo Edoardo Ales Ylenia Curzi Tommaso Fabbri Olga Rymkevich Iacopo SenatoriThis edited volume explores the old and new “collective dimensions” of employment relations. It examines specific challenges stemming from new forms of work of the digital and sharing economy, such as measurement, monitoring, assessment, and remuneration of work, the protection of work-life balance, the impact of new technologies on health and safety, the adaptation of occupational skills to new work processes, and the responses to the digital restructuring of undertakings. It addresses a series of questions such as how the representational action of unions and works councils can adapt to the challenges posed by new production systems and whether the legislative framework needs to be reformed to ensure that digital workers enjoy the right to collective representation. This important collection offers readers a renewed theoretical perspective and justification of the role that the dialogue between workers (representatives) and companies could play in an increasingly complex world of work.
Collective Dismissal in the European Union: A Comparative Analysis
by Roberto Cosio, Filippo Curcuruto, Vincenzo Di Cerbo and Giovanni MammoneWhen business imperatives require large enterprises to reorganize, involving the reduction in staff legally characterized as collective dismissal, EU directives and laws across Europe mandate specific procedures to support workers who have been made redundant and impose sanctions where regulatory or judicial scrutiny uncovers violations. It is thus essential that a clearly defined framework of the laws and jurisprudence in force in each Member State be provided for businesses and their counsel to ensure compliance and avoid sanctions. This eminently practical book, the first and only book of its kind, provides exactly such an analysis. The book is structured on a country-by-country basis, with each chapter written by an expert in the country covered and responding concisely to such questions as the following: • How is ‘collective dismissal’ calculated? • Which issues regarding collective layoffs’ procedures trigger legal intervention? • What happens when enterprises provide incomplete or delayed information to labour unions or public officials? • When can a worker be reinstated or claim compensation? Each chapter clarifies the extent to which directives have been implemented in the Member States and whether the law in force provides workers with some more favourable treatments than EU actually requires. Jurisprudence and its practical application are analysed from the perspective of the ‘law in action’ rather than that of the ‘law in the books’. A concluding chapter examines global standards and trends in this area of law. There is no other publication fully devoted to the subject of collective dismissal, extensively elaborated and supported with case law. As a source of reliable information as manifested in the actions of judges, lawyers, solicitors, firms, and labour unions, this book has no peers. It will be welcomed and put to use by lawyers and solicitors specializing in labour law, in-house counsel and human resources professionals at multinational companies, regulatory authorities, and labour unions, as well as by universities and centres of research in the field of European law and labour law. The editors - Roberto Cosio, Filippo Curcuruto, Vincenzo Di Cerbo and Giovanni Mammone - all have extensive experience in judicial and administrative practice related to EU labour law, particularly in Italy. All are well-known authors in this field.
Collective Empowerment in Latin America: Indigenous Peasant Movements and Political Transformation (Routledge Critical Development Studies)
by Gerardo Otero Efe Can GürcanThis book develops a theory of collective empowerment that looks for change both from the bottom up, in civil society, and from the top down, from state interventions responding to such pressure.Reflecting on the advancement of Indigenous and peasant movements in Latin America since the neoliberal reformation of capitalism in the 1980s, the book outlines a path for progressive social action in which bottom-up pressure by social movements can help progressive parties to gain state power. The book considers how Indigenous and peasant movements in Argentina, Bolivia, Brazil, Ecuador, and Mexico have tried to reshape crucial structures of society from the bottom up. While this mobilization from below is critical and necessary, the book argues that these movements must be supplemented by top-down change from progressive state interventions, as happened mostly in Bolivia and Brazil. The authors conclude that progressive societal action can have massive impact in transforming some of the main socioeconomic structures that determine humans’ relation to the extraction of natural resources, income and wealth inequality, and even the location of a nation’s insertion in world capitalism.This book will be an important resource for social-movement activists and for researchers working in political sociology, sociological theory, political studies, development studies, social movements, and Latin American Studies.
Collective Empowerment in Latin America: Indigenous Peasant Movements and Political Transformation (Routledge Critical Development Studies)
by Gerardo Otero Efe Can GürcanThis book develops a theory of collective empowerment that looks for change both from the bottom up, in civil society, and from the top down, from state interventions responding to such pressure.Reflecting on the advancement of Indigenous and peasant movements in Latin America since the neoliberal reformation of capitalism in the 1980s, the book outlines a path for progressive social action in which bottom-up pressure by social movements can help progressive parties to gain state power. The book considers how Indigenous and peasant movements in Argentina, Bolivia, Brazil, Ecuador, and Mexico have tried to reshape crucial structures of society from the bottom up. While this mobilization from below is critical and necessary, the book argues that these movements must be supplemented by top-down change from progressive state interventions, as happened mostly in Bolivia and Brazil. The authors conclude that progressive societal action can have massive impact in transforming some of the main socioeconomic structures that determine humans’ relation to the extraction of natural resources, income and wealth inequality, and even the location of a nation’s insertion in world capitalism.This book will be an important resource for social-movement activists and for researchers working in political sociology, sociological theory, political studies, development studies, social movements, and Latin American Studies.
Collective Forgiveness: The Constructive Power of an Enigmatic Feeling
by Oliver ErrichielloIn this age of a hyper-complex and totally interconnected world that no longer knows pauses, forgiveness is essential. The author explains that collective forgiveness is in no way inferior to love in its mysteriousness. We humans are unfathomable beings. Although we usually act thoughtfully and rationally, many actions and decisions cannot seem to be logically derived. Forgiveness - everyone knows it and has experienced it - is one of them. Forgiveness is one of the most important and exciting phenomena of human communication. The book answers questions such as: Why do we forgive some people and not others? Why does forgiveness take time? Why have people always forgiven each other - or rejected the very act of forgiving? Do we forgive individuals in a personal environment more easily or we more hesitant than with a group of people? And most importantly, why is collective forgiveness effective across time and cultures? The book is thought-provoking and offers valuable impulses to better understand one's own and social actions.This book is a translation of the original German 1st edition Kollektives Verzeihen by Oliver Errichiello, published by Springer-Verlag GmbH, DE, part of Springer Nature in 2021. The translation was done with the help of artificial intelligence (machine translation by the service DeepL.com). A subsequent human revision was done primarily in terms of content, so that the book will read stylistically differently from a conventional translation. Springer Nature works continuously to further the development of tools for the production of books and on the related technologies to support the authors.
Collective Investment Schemes in Luxembourg: Law and Practice
by Claude Kremer Isabelle LebbeThis book is the only analysis of the legal regime governing collective investments in the important financial centre of Luxembourg. Written by expert practitioners from a leading funds practice, it provides a detailed, comprehensive, and practical account of the regulation and operation of investment funds under Luxembourg law. Beginning with a definition of undertakings of collective investment funds and a description of the background to the relevant legislation, the authors go on to provide a detailed account of how undertakings for collective investments are classified and how they operate in practice. Covering all relevant EU Directives including the UCITS Directives, Prospectus Directive, MiFID, and the Savings Directive, the authors also consider the application of these Directives under Luxembourg law. The latest developments on the AIFM Directive are also addressed. A comprehensive and systematic account, this new edition is an important reference source for all practitioners and investment managers regularly dealing with Luxembourg investment funds, as well as providing an exceptional introduction to this area of the law.
Collective Labour Rights for Self-Employed Workers: A Human Rights-Based Approach of Platform Work (Bulletin of Comparative Labour Relations #116)
by Charalampos StylogiannisPlatform work arrangements are often defended as an expression of technological progress with the potential to enable people to work as self-employed individuals, often without any supervision or control. However, by now, it is well-documented that platform work not only shares important features of flexibility and precariousness with other casual work arrangements that are on the rise around the world, but it also entails the risk of excluding a significant portion of workers from the protection of fundamental collective labour rights, including their coverage from collective agreements. In this important and timely book, the author shows how a human rights-based approach (HRBA) towards collective labour rights can bridge this protection gap. Such an approach identifies workers, regardless of their employment status, as rights-holders that are entitled to rights, like the right to collective bargaining, derived from international human rights and labour rights instruments. Fully describing the phenomenon of platform work as well as presenting a detailed global overview of responses related to the challenges stemming from platform work arrangements, the research, inter alia, covers aspects, such as the following: problems, challenges, and questions related to platform work arrangements, and how those are linked to broader labour market trends; platform work’s deeper foundational implications for labour law; legal developments related to the regulation of platform work with an assessment of their limits when it comes to collective labour rights, also recognised as human rights; various ways in which platform workers and other atypical workers have managed to exercise their collective labour rights; and promising indications of closer cooperation between organised labour and workers in non-standard forms of employment. The analysis draws on international human rights and labour rights treaties and conventions, domestic legislation and regulations, rulings from international and national courts, and interpretative and authoritative sources including the relevant legal literature. The book manifests and responds to a genuine need for in-depth research with respect to the protection of the human rights of platform workers with an analytical framework that will ensure their adequate protection. Its crucial observations will be welcomed by practitioners in labour law, human rights law, and competition law, as well as by academics, human resources professionals, and labour and employment policymakers.
Collective Management of Copyright and Related Rights
by Daniel GervaisIn the course of the last two decades, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. However, they have also been at the centre of debates about their efficiency, their transparency and their governance. This book, an extensively revised and updated edition of the major work on the legal status of CMOs, offers an in-depth analysis of the various operating CMO models, their rights and obligations vis-à-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2010 edition. New chapters on Africa, China, Central Europe and New Zealand (together with Australia, which is no longer discussed in the separate chapter on Canada) have been added. Factors considered include the following: • role of 'families' such as the International Confederation of Societies of Authors and Composers (CISAC) and the International Federation of Reproduction Rights Organizations (IFRRO); • cases where the unavailability of adequating options makes authorized use difficult or impossible taking transaction costs into account; • growing importance of extended repertoire systems (also known as extended collective licensing); • relationship among collective management, rights to remuneration, and the ways in which CMOs acquire authority to license; • transnational licensing and the possible role of multi-territorial licensing; and • threat of monopolies or regional oligopolies for the management of online music rights. Legal underpinnings covered in the course of the analysis include the 1996 WIPO Copyright Treaties, the US Digital Millennium Copyright Act, the Napster case, the Santiago Agreement, relevant EU Papers and the 2014 Copyright Directive, and work done by the UN Committee on Economic, Social and Cultural Rights. Part I presents a number of horizontal issues that affect collective management in almost every country. Part II is divided on a geographical basis, focusing on systems representative of the principal models applied in various countries and regions. Each country specific or region-specific chapter provides a historical overview and a presentation of existing CMOs and their activities, gives financial information where available, describes how CMOs are supervised or controlled by legislation, and offers thoughts about the challenges facing CMOs in the country or region concerned. Many of these national and regional commentaries are the only such information sources available in English. Whatever the future of copyright holds, it is clear that users will continue to want access and the ability to reuse material lawfully, and authors and other rights holders will want to ensure that they can put some reasonable limits on those uses, including an ability to monetize commercially relevant uses. CMOs are sure to be critical intermediaries in this process. The second edition of this important resource, with its key insights into the changing nature of collective management, will be of immeasurable value to all concerned with shaping policy towards collective management or working with the ever more complex legal issues arising in digital age copyright matters.