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Traditional international law was firmly rooted in the assumption that no international obligation could ever trump the national public interest. This sovereigntist account of public interest has been replaced by a constitutionalist account. Hence, human rights law and trade law allow for national public interest considerations, but the international agreements require states to submit their policies to international adjudication. The study gives a comprehensive overview of the case law of the Strasbourg organs, of the ECJ and of the WTO dispute settlement bodies with regard to the so-called escape clauses of the respective treaties. Recently, a third communal account of public interest has become important. A global common good requires international law to adapt its structures and to overcome its horizontal architecture. The study investigates into the various doctrinal elements which are invoked in the name of a global public interest, such as jus cogens, norms erga omnes or the 'common heritage of mankind'. Original in its approach, the study concludes that the use of ordre public in private international law may be a way of accommodating universal conceptions of the public interest with national conceptions.
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An in-depth look at the defining document of America
Want to make sense of the U.S. Constitution? This plain-English guide walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents and sparked ongoing debates. You'll understand all the big issues — from separation of church and state to impeachment to civil rights — that continue to affect Americans' daily lives.
Know who has the power — see how the public, the President, Congress, and the Supreme Court share in the ruling of America
Balance the branches of government — discover what it means to be Commander in Chief, the functions of the House and Senate, and how Supreme Court justices are appointed
Break down the Bill of Rights — from freedom of religion to the prohibition of 'cruel and unusual punishments,' understand what the first ten amendments mean
Make sense of the modifications — see how amendments have reformed presidential elections, abolished slavery, given voting rights to women, and more
Open the book and find:
Discussion of controversial issues including the death penalty, abortion, and gay marriage
Why the word 'democracy' doesn't appear in the Constitution
What the Electoral College is and how it elects a President
Details on recent Supreme Court decisions
The Founding Fathers' intentions for balancing power in Washington
In case of a seller's breach of contract, the parties are confronted with challenging decisions. In particular, the question arises whether the buyer is entitled to avoid the contract or whether the seller has the option to cure the breach of contract. Especially the possibility of a seller's cure, although widely used in daily business, poses a multitude of unsettled legal questions, ranging from its acceptance in legal statutes to the actual performance of a seller's cure. The present study is based on the United Nations Convention on Contracts for the International Sale of Goods (CISG), additionally taking into account the situation of the seller's right to cure under English as well as Swiss Sales Law. Moreover, the discussion covers the seller's right to cure and its position in standard terms. In these contexts, the author analyses the problems of, as well as the possible solutions to, a seller's right to cure, thereby highlighting its existence, its modalities, the possible interests involved as well as its consequences for the legal relationship between the seller and the buyer.
In America';s Constitution, one of this era';s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world';s great political texts. Incisive, entertaining, and occasionally controversial, this "biography" of America';s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding "We the People," was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators'; inspired genius.Despite the Constitution';s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America';s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why-for now, at least-only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdm about the Constitution and its significance throughout the nation';s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document';s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders'; Constitution was far more slavocratic than many would acknowledge: the "three fifths" clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic';s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln';s election.Ambitious, even-handed, eminently accessible, and often surprising, America';s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States....
The International Max Planck Research School for Maritime Affairs hosted an international conference addressing marine pollution. Academics and practitioners debated recent developments from an interdisciplinary perspective. The present volume of the Hamburg Studies reflects those discussions covering the ecological, economic, political and legal aspects of the pollution of the sea.
... there is a lack of a clear and simple exposition of the CISG for students and practitioners. That is the role of the current book, which it fills admirably. All of the issues that have been raised in the cases and the literature are considered, but without excessive detail. This is a book that will do much to make the CISG an easily understandable text for all users, student and pracitioner alike.Preface by Professor Eric E. Bergsten
1. On Wednesday Bovine Co, a dairy farmer, visits Slurry Co, agricultural merchants in Warwickshire and agrees to buy 30 tons of 'Nitrogrow' fertiliser (all Fred has in stock), 300 gallons of diesel oil and a ' John D' tractor of which Slurry Co has several in his showroom. Bovine Co agrees to deliver the fertiliser and the tractor the following Friday and Bovine Co agrees to send a road tanker to collect the diesel oil the same day. Slurry Co agrees to give Bovine Co 28 days credit from the date of the sale in respect of the purchase price of all three items.
On Thursday, Slurry Co discovers that 20 tons of the fertiliser have been stolen from his premises and it is impossible to obtain further supplies this season. Slurry Co delivers the remaining ten tons, but Bovine Co refuses to accept them. Bovine Co does not send a tanker to collect the diesel oil, which is in a tank containing 1,000 gallons, until two weeks after the date stipulated in the contract. He then finds that the oil has seriously deteriorated and he refuses to accept it.
On Friday, Slurry Co puts the tractor on one of his own lorries for delivery to Bovine Co, but on the way the lorry is involved in a serious accident and the tractor is badly damaged.
Slurry Co claims that Bovine Co is bound to pay for the oil and the tractor and to pay damages for non-acceptance of the fertiliser.
Advise Bovine Co.
In order to be able to refute the claims of Slurry Co, it is important to understand with whom the 'Property' of the various goods laid at the time of the various incidents. Property is defined as 'the absolute legal interest in the goods' (Sealy & Hooley, 2005, p. 254) and is indelibly linked to the concept of risk. Under various sections of the Sale of Goods Act, mention is given to 'the risk' passing to the buyer. In this case, 'the risk' is considered to be the chance that the goods may be wholly or partly destroyed or lost by theft. It should be noted that in this context, risk is not attributable to fault or inaction of either of the parties to the contract. In order to provide a clear path through the relevant sections of law, each item in the contract has been dealt with as a separate entity for analysis.
This essay deals with directors' duties, focusing on the duties that specially arise in the context of a company becoming insolvent. The relevant duties are those under sections 131, 135 and 136 of the Companies Act 1993. The drafting of these insolvent trading provisions in New Zealand has been criticised in the legal literature. This research paper considers not only this criticism but also deals with the more general debate about the value of insolvent trading provisions in general. Although the current drafting of the relevant provisions in New Zealand is not without minor flaws, the need for creditor protection requires the maintenance of insolvent trading provisions in general. Besides that, this essay looks at the remedies for breaches of directors' duties. The most important provision in this context is s 301 Companies Act 1993. Pursuant to this provision both the liquidator and individual creditors can enforce directors' civil liability. However, the possibilities of individual creditors to obtain payment directly to themselves are restricted. The final part of this essay considers the question whether a separate duty directly owed to individual creditors should be introduced. Although such a duty seems to have some benefits, it would not be commensurate with leading principles and ideas of Insolvency Law and should therefore not be introduced.
It is the concern of this research paper to point out the many issues that arise in context of directors' duties and insolvency law and to show that it is important to strike an appropriate balance between the intended creditor protection and the entrepreneurial freedom of company directors.
This essay considers the question whether the family group conference should be introduced as a new and additional means of decision-making in New Zealand's adult guardianship law. Currently the Family Law knows the family group conference only in another context: When there are special problems with children the Children, Young Persons and Their Families Act 1989 gives the family as a group the authority to make decisions con-cerning the child. The question is whether this procedure is also suitable for decision-making on the affairs of adult family members who are not capable of leading their lives autonomously and cannot make their own deci-sions, for example because they suffer from mental disease or an intellectual handicap.
After providing an overview of the current adult guardianship law, its principles and shortcomings, the family group conference will be presented and discussed as it works under the Children, Young Persons, and Their Families Act 1989. The main part of this research paper, then, deals with the advantages and disadvantages of the family group model being introduced for matters of adult guardianship. It will be considered whether this decision-making model can cope with the shortcomings of the current system and whether it serves the guiding principles of adult guardianship law. Although family group conferences do not always work without problems, this essay recommends their introduction also for adults. The inclusion of the wider family in the decision-making process has many benefits for the concerned person, especially in terms of his or her best interest being realised. Besides, the family group model fits well into the current regime, serves its guiding principles, and is able to remedy the current system's shortcomings. Hence, the decision by the family group is of additional value when dealing with the affairs of adults who are not able to make 'healthy' decisions for themselves, and should therefore be introduced as an additional means of decision-making.
It is now widely accepted that the law of the European member states should be harmonized to make Europe's economy more competitive. Business needs to operate across borders efficiently to stimulate a more competitive supply of goods and services. A plurality of separate solutions for the same issue is a risk that the uncertainty and complexity of the legal environment will undermine rather than enable legitimate economic activity. Therefore we need to create an economic environment underpinned by legal certainty and security. This essay on European Private Law discusses the progress of Europeanization in the field of Contract Law. It will, in doing so, especially focus on legal education and its contribution to achieve unification and harmonisation of European Union law. But, as the title indicates, in the actual centre of this essay, will be one scholar, who has significantly contributed to the understanding of comparative law and who has increased its status as a recognised legal subject: Basil Markesinis. It is furthermore my goal to provide English law students who are interested in comparative law topics with a guide to useful literature for their studies, especially with regards to German Law. I hope that this essay can contribute that comparative law may no longer be a 'subject in search of an audience', as Markesinis called it, and to persuade English students of the benefits of comparative law studies.