EU Copyright Law

A Commentary
Author: Irini Stamatoudi,Paul Torremans
Publisher: Edward Elgar Publishing
ISBN: 1781952434
Category: Law
Page: 1264
View: 4109

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EU Copyright Law is a seminal commentary work from a team of leading experts in the field combining aspects of theory and practice and placing copyright in perspective. It will be an indispensable reference tool for academics, researchers, practitioner

EU Regulation of E-Commerce

A Commentary
Author: Arno R. Lodder,Andrew D. Murray
Publisher: Edward Elgar Publishing
ISBN: 1785369342
Category:
Page: 424
View: 2873

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For the last twenty years the European Union has been extremely active in the field of e-commerce. This important new book addresses the key pieces of EU legislation in the field of e-commerce, including the E-commerce Directive, the Services Directive, the Consumer Directive, the General Data Protection Regulation, and the eID Regulation. The latest in the Elgar Commentaries series, EU Regulation of E-Commerce is the first book to apply this well-established format to a dynamic and increasingly significant area of law.

European Competition Law

A Case Commentary, Second Edition
Author: Weijer VerLoren van Themaat,Berend Reude
Publisher: Edward Elgar Publishing
ISBN: 1786435470
Category: Law
Page: 1010
View: 3879

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This updated second edition explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The book’s unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Containing an article by article overview of EU competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.

Transnational Intellectual Property Law

Text and Cases
Author: Robert P. Merges,Seagull Haiyan Song
Publisher: Edward Elgar Publishing
ISBN: 1785368257
Category:
Page: 864
View: 1028

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As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.

The History of Law in Europe

An Introduction
Author: Bart Wauters,Marco de Benito
Publisher: Edward Elgar Publishing
ISBN: 1786430762
Category:
Page: 200
View: 7953

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Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

Globalization and Private Law

The Way Forward
Author: Michael Faure,Andre Van der Walt
Publisher: Edward Elgar Publishing
ISBN: 1849805210
Category: Law
Page: 512
View: 7167

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This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

Elgar Encyclopedia of Comparative Law, Second Edition


Author: J. M. Smits
Publisher: Edward Elgar Publishing
ISBN: 1781006105
Category: Law
Page: 1000
View: 7725

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Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

The Copyright Pentalogy

How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law
Author: Michael Geist
Publisher: University of Ottawa Press
ISBN: 0776620843
Category: Law
Page: 478
View: 9391

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In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.

The Elgar Companion to Marxist Economics


Author: Ben Fine,Alfredo Saad-Filho,Marco Boffo
Publisher: Edward Elgar Publishing
ISBN: 1781001227
Category: Business & Economics
Page: 419
View: 6001

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This Companion takes stock of the trajectory, achievements, shortcomings and prospects of Marxist political economy. It reflects the contributors' shared commitment to bringing the methods, theories and concepts of Marx himself to bear across a wide range of topics and perspectives, and it provides a testimony to the continuing purpose and vitality of Marxist political economy. As a whole, this volume analyzes Marxist political economy in three areas: the critique of mainstream economics in all of its versions; the critical presence of Marxist political economy within, and its influence upon, each of the social science disciplines; and, cutting across these, the analysis of specific topics that straddle disciplinary boundaries. Some of the contributions offer an exposition of basic concepts, accessible to the general reader, laying out Marx's own contribution, its significance, and subsequent positions and debates with and within Marxist political economy. The authors offer assessments of historical developments to and within capitalism, and of its current character and prospects. Other chapters adopt a mirror-image approach of pinpointing the conditions of contemporary capitalism as a way of interrogating the continuing salience of Marxist analysis. This volume will inform and inspire a new generation of students and scholars to become familiar with Marxist political economy from an enlightened and unprejudiced position, and to use their knowledge as both a resource and gateway to future study.

Public Procurement and the EU Competition Rules


Author: Albert Sánchez Graells
Publisher: Bloomsbury Publishing
ISBN: 1509900284
Category: Law
Page: 584
View: 7678

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Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

Refugees, Regionalism and Responsibility


Author: Penelope Mathew,Tristan Harley
Publisher: Edward Elgar Publishing
ISBN: 1782547290
Category: Law
Page: 304
View: 939

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The ongoing refugee and migrant crisis in Europe has accelerated the need to find answers for refugee movements. Refugees, Regionalism and Responsibility examines regional cooperation as a potential solution. Through a thorough assessment of past and present regional arrangements concerning refugees, this book considers whether regionalism has resulted in protection and durable solutions for both refugees and participating states.

Managing Without Growth

Slower by Design, Not Disaster
Author: Peter A. Victor
Publisher: Edward Elgar Publishing
ISBN: 1848442998
Category: Business & Economics
Page: 272
View: 7884

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Managing Without Growth offers a compelling argument for the need for a new policy focus in the rich nations. Peter Victor argues that it is time for our obsession with economic growth to end. A new focus on human well-being must replace our more is better philosophy. Brett Dolter, Briarpatch Magazine Peter Victor clearly presents the arguments as to why already relatively rich countries may have to manage low or no growth in their economies if they wish to address rather than continue contributing to global environmental problems. His modelling suggests that managing without growth need not be the economic disaster that is so often assumed. This is a lucid book that provides an excellent introduction to this important but neglected area. Paul Ekins, King's College London, UK At last, Managing Without Growth, a book that puts economics in its proper place within the real world and points the direction we must go in confronting the ecological crisis of the planet. As an economist, environmental studies professor Peter Victor is eminently qualified for the task. He examines some of our most fundamental assumptions and beliefs about the market, pricing, free trade and growth, prosperity and happiness that too often preclude a serious consideration of the environment and economy. His book couldn t be a more timely and important analysis of the destructive consequences of aspiring to endless growth and downloading the costs onto nature itself. He makes a powerful case for the need to work deliberately towards a steady state economy where the real world of the biosphere should set the limits to our activity. Victor s book should be at the basis for our discussion of these critical issues today. David Suzuki, broadcaster and activist Peter Victor analyses the critical policy question of our time, how to manage our economy equitably and efficiently without growing beyond biophysical limits. He reasons carefully and rigorously, yet pulls no punches in drawing conclusions that some will consider radical. A superb book! Herman E. Daly, University of Maryland, US Overcoming our addiction to economic growth is one of the most important challenges for the 21st century. Peter Victor s masterful summary of the history and fallacies of this particularly pervasive and increasingly dangerous addiction will be a great help in getting over it. A sustainable and desirable future requires clearly differentiating between bigger and better and a recognition that in the overdeveloped West these two have parted ways. Peter Victor s book will help us slow down by design, not disaster, and understand how that slowing down will in fact increase our quality of life. Robert Costanza, The University of Vermont, US Peter Victor s book is a carefully crafted argument for managing without growth . It is not only an up-to-date survey of the latest thinking on energy, climate, and population, it offers practical policy responses to these challenges. This book is a must read for academics and policymakers concerned with environmental integrity and human wellbeing. John Gowdy, Rensselaer Polytechnic Institute, US Peter Victor challenges the priority that rich countries continue to give to economic growth as an over-arching objective of economic policy. The challenge is based on a critical analysis of the literature on environmental and resource limits to growth, on the disconnect between higher incomes and happiness, and on the failure of economic growth to meet other key economic, social and environmental policy objectives. Shortly after World War II, economic growth became the paramount economic policy objective in most countries, a position that it maintains today. This book presents three arguments on why rich countries should turn away from economic growth as the primary policy objective and pursue more specific objectives that enhance wellbeing. The author contends that continued economic growth worldwide is unrealistic due to environmental and

The Economics of Brexit

A Cost-Benefit Analysis of the UK’s Economic Relationship with the EU
Author: Philip B. Whyman,Alina I. Petrescu
Publisher: Springer
ISBN: 3319582836
Category: Business & Economics
Page: 384
View: 4698

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This book presents a comprehensive evaluation of the likely economic impact upon the UK economy arising from Brexit. It seeks to assess both the methods adopted, and conclusions reached, by the existing economic studies, and supplements this by providing additional evidence to assist the reader in forming their own assessment of the relative merits of the different approaches. It additionally outlines the options available to policy makers for the formation of an economic strategy capable of adapting the economy to the challenges and opportunities presented by Brexit. Finally, it outlines and comments upon the range of alternative models of future trading relationships that are available to the UK, both in relation to the EU and the rest of the world.

Information Technology Law

The Law and Society
Author: Andrew Murray
Publisher: Oxford University Press
ISBN: 0198732465
Category:
Page: 696
View: 6450

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Information Technology Law is the ideal companion for a course of study on IT law and the ways in which it is evolving in response to rapid technological and social change. The third edition of this ground-breaking textbook develops its unique examination of the legal processes and their relationship to the modern "information society". Charting the development of the rapid digitization of society and its impact on established legal principles, Murray examines thechallenges faced with enthusiasm and clarity. Following a clearly-defined part structure, the text begins by defining the information society and discussing how it may be regulated, before moving on to explore issues of internet governance, privacy and surveillance, intellectual property and rights,and commerce within the digital sphere. Comprehensive and engaging, Information Technology Law takes an original and thought-provoking approach to examining this fast-moving area of law in context. Online Resource Centre: The third edition is supported by a range of online resources, including:* Additional chapters on the Digital Sphere and Virtual Environments* Audio podcasts suitable for revision* Updates to the law post-publication* A flashcard glossary of key terms and concepts* Outline answers to end of chapter questions* A link to the author's blog, The IT Lawyer* Web links

The Elgar Companion to Development Studies


Author: David Clark
Publisher: Edward Elgar Publishing
ISBN: 1847202861
Category: Business & Economics
Page: 713
View: 6264

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If handbooks can be inspiring, this is it! Like a true companion, it takes in its stride conversations both big and small. Its entries do not just present an international and multidisciplinary mix, but true to life they work on several different scales. And, importantly, the book makes its authority evident. For it is like an extended website, but with all the added advantages of an encyclopaedia that actually tells you about the authors and the sources on which they have drawn. The resulting compilation is highly intelligent, thoughtful and above all usable. Dame Marilyn Strathern, University of Cambridge, UK The Elgar Companion to Development Studies is a major production in the development studies field, authored by a star-studded cast of contributors. With 136 entries covering a vast range of topics, it should quickly establish itself as a leading work of reference. We should all feel indebted to David Clark, who has successfully brought this substantial publishing project to completion. John Toye, University of Oxford, UK This is a most comprehensive handbook on development studies. It brings together a wide, varied array of carefully crafted summaries of 136 key topics in development by an international cast of well-respected academics and other experts in respective areas of study. The handbook is heavily interdisciplinary, organically combining economic, political, historical, social, cultural, institutional, ethical, and human aspects of development. While the wide range of entries might appear as a simple glossary listing or an encyclopedic collection, each of the 136 entries offers more depth and discussion than the average handbook. . . . Viewed in this light, this companion is highly likely to become known as a leading reference work on the topic. Highly recommended. Ismael Hossein-Zadeh, Choice The Elgar Companion to Development Studies is an innovative and unique reference book that includes original contributions covering development economics as well as development studies broadly defined. This major new Companion brings together an international panel of experts from varying backgrounds who discuss theoretical, ethical and practical issues relating to economic, social, cultural, institutional, political and human aspects of development in poor countries. It also includes a selection of intellectual biographies of leading development thinkers. While the Companion is organised along the lines of an encyclopaedia, each of its 136 entries provide more depth and discussion than the average reference book. Its entries are also extremely diverse: they draw on different social science disciplines, incorporate various mixes of theoretical and applied work, embrace a variety of methodologies and represent different views of the world. The Elgar Companion to Development Studies will therefore appeal to students, scholars, researchers, policymakers and practitioners in the filed of development as well as the interested layman.

Judicial Interpretation of Tax Treaties

The Use of the OECD Commentary
Author: Carlo Garbarino
Publisher: Edward Elgar Publishing
ISBN: 1785365886
Category: Law
Page: 704
View: 6149

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Judicial Interpretation of Tax Treaties is a detailed analytical guide to the interpretation of tax treaties at the national level. The book focuses on how domestic courts interpret and apply the OECD Commentary to OECD Model Tax Convention on Income and on Capital. Adopting a global perspective, the book gives a systematic presentation of the main interpretive proposals put forward by the OECD Commentary, and analyses selected cases decided in domestic tax systems in order to assess whether and how such solutions are adopted through national judicial process, and indeed which of these are of most practical value. The book operates on two levels: firstly it sets out a clear and comprehensive framework of tax treaty law, which will be an important tool for any tax practitioner. Secondly, the book provides crucial guidance on issues of tax treaty law as applied at domestic level, such as investment or business income, dispute resolution and administrative cooperation.

Islamic Banking and Finance in the European Union

A Challenge
Author: M. Fahim Khan,Mario Porzio
Publisher: Edward Elgar Publishing
ISBN: 1849803412
Category: Business & Economics
Page: 241
View: 2888

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As an introduction to the complex issue of harmonization of legal and regulatory structure of the European financial system and Islamic finance, this is a useful and welcome volume. The ideas, insights and practical issues addressed in the informed papers that compose the book should be valuable for academics and students of finance, and to those who provide legal and financial services. The book will be helpful also to European regulators who have yet to appreciate the importance of Islamic finance and its potential contribution to financial globalization as well as to European economic growth. Abbas Mirakhor, Former Executive Director, International Monetary Fund, US This timely book examines the authorization of Shari ah-compliant intermediaries as either credit institutions or as investment companies in the European Union. The contributing authors explore the key topics of this area through differing yet parallel perspectives for example, comparing economic and legal standpoints, looking at both European and national levels and considering both academic and technical approaches. The book discusses the common origin of Islamic and Western traditions in commercial and banking transactions, reviewing a period in which the Italian merchants and their organizations drove the rebirth of post-medieval society in trade and law. The editors investigate whether the Islamic banking and financial model complies with the European framework, spelling out the different experiences in single Member States (Germany, France, Italy, and the United Kingdom). Notwithstanding the obstacles to being authorized as domestic credit institutions, they conclude that the access of Islamic intermediaries is suitable and may have positive effects on European integration, as well as increasing the competition among the stand-still operators and evoking the ethical dimension of banking and finance. The book also highlights how Islamic banking would make the industry more inclusive. This multidisciplinary book will appeal greatly to economics and legal scholars with an interest in European and international banking and financial law, as well as postgraduate students in international law and banking law. Practitioners and regulators will also find this book an invaluable resource.

Research Handbook on International Human Rights Law


Author: Sarah Joseph,Adam McBeth
Publisher: Edward Elgar Publishing
ISBN: 1849803374
Category: Political Science
Page: 596
View: 5272

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This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics.

The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia


Author: Nina H.B. Jørgensen
Publisher: Edward Elgar Publishing
ISBN: 1784718076
Category:
Page: 432
View: 8128

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This Companion is a one-stop reference resource on the Phnom Penh based ‘Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Court’s practical and jurisprudential challenges and outcomes. Written by Nina Jørgensen, who has worked as senior adviser in the tribunal’s Pre-Trial and Supreme Court Chambers, the Companion offers both direct insights and academic analysis organized around six themes: legality, structure, proceedings, jurisprudence, legitimacy and legacy. This comprehensive Companion will provide a platform for interested sectors of domestic and international society, to assess the value of the Extraordinary Chambers, both during the tribunal’s lifespan and after it has closed its doors.

What if we could reimagine copyright?


Author: Rebecca Giblin,Kimberlee Weatherall
Publisher: ANU Press
ISBN: 1760460818
Category: Law
Page: 332
View: 5948

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What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we keep? In short, what might a copyright system designed to further the public interest in the current legal and sociological environment actually look like? Taking this thought experiment as their starting point, the leading international thinkers represented in this collection reconsider copyright’s fundamental questions: the subject matter that should be protected, the ideal scope and duration of those rights, and how it should be enforced. Tackling the biggest challenges affecting the current law, their essays provocatively explore how the law could better secure to creators the fruits of their labours, ensure better outcomes for the world’s more marginalised populations and solve orphan works. And while the result is a collection of impossible ideas, it also tells us much about what copyright could be – and what prescriptive treaty obligations currently force us to give up. The book shows that, reimagined, copyright could serve creators and the broader public far better than it currently does – and exposes intriguing new directions for achievable reform.