The book is the result of a joint research project on the tax treaties concluded between the People’s Republic of China and European countries.
Each chapter carefully analyses the extent to which Chinese tax treaties follow the OECD Model Tax Convention on Income and Capital and the UN Income and Capital Model Convention. The focus is on the different policy decisions underlying the various provisions. Additionally, the contributions analyse the extent to which Chinese tax treaty policy d [ ... ]
Once a byword for the economic power of national government - with competition strictly regulated - European commercial aviation has now virtually become a market without state-imposed anticompetitive restrictions. Although intended to enhance competition, this situation has in fact driven airlines to form massive global alliances cartels that offer ever-shrinking benefits to the consumer.
In this extraordinarily thorough, blow-by-blow analysis of how this happened ¿ or was allowed to ha [ ... ]
European criminal law is a recent concept, one which does not appear to have been previously compiled; it is also a discipline of the future. At a time when a united Europe is still being formed while crime is becoming a multinational operation, it is impossible to avoid the creation of a pan-European body of criminal law, despite the fact that the concept of individual nationhood continues to exist within Europe. This is the reason for the gradual but certain development of a European system of [ ... ]
The Third Edition of this well-known book comes only four years after the Second Edition because so much has happened in Europe and the world since 2009 that reviewing international economic and financial issues is certainly appropriate. Along with the world crisis, the European monetary crisis has also highlighted the shortcomings in the European structure that seems incapable, in its present complexity, of resolving the apparently intractable problems it confronts. This book’s highly res [ ... ]
The vast single labour market of the European Union continues to manifest an ever-increasing interdependence of economies, companies, trade unions and employees, calling once again for an update of Roger Blanpain’s magisterial European Labour Law. This Thirteenth Edition remains the preeminent practice guide in its field, covering the full spectrum – legislation, collective agreements, and more than 400 cases – of both individual and collective labour law and practice from the [ ... ]
European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights and the EC Treaty to numerous directives, the most recent being the Audiovisual Media Services Directive 2007, a supranational and interrelated regime lays an extensive groundwork on which practitioners, regulators, and service providers and other enterprises in all EU Member States [ ... ]
This collection will satisfy the need of practitioners for access to the private law of the Community, for the obligation to interpret national law in conformity with EC directives often requires a comparison with Community legislation. At the same time the collection will facilitate analysis and may thereby contribute to an improvement of the texts and their understanding.
The collection does not reproduce the entire private law of the Community; it includes enactments that exclusively or main [ ... ]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in New Zealand covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property.
After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and su [ ... ]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in England and Wales covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property.
After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family [ ... ]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in the USA covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property.
After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, [ ... ]
Autorul atacă în lucrare (prima de acest fel publicată în România) toate problemele sensibile care au făcut obiectul disputelor din MEDIA legate de riscurile și impactul tehnologiei actuale utilizată în exploatarea gazelor de șist: fracturarea hidraulică și condițiile colaterale de aplicare – apa, aditivii din noroiul de foraj, problema seismicității induse, impactul forajelor asupra sănătății, asupra pânzelor freatice, a încălzirii globale și, nu [ ... ]
General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or p [ ... ]
This book addresses and highlights the core issues concerning general principles of EU law and their relationship with and impact on private law. With the entry into force of the Lisbon Treaty, the EU Charter of Fundamental Rights became a legally binding source of primary law and highlights, together with the General Principles of EU law, the importance of fundamental rights in the legal system of the Union. This increased visibility means that private parties have begun to rely on fundamental [ ... ]
This book is based on a selection of papers presented at the Conference in Malmu, Sweden, which was organized by the Swedish Network for European Legal Studies in cooperation with the Faculty of Law of the University of Lund.
The purpose of the conference was to analyze general principles and their scope in the EU legal order with special emphasis on their role in the creation of a jus commune europaeum. The impact of the general principles of Community Law at the national level was analyz [ ... ]
To an extent that may surprise many, international arbitral proceedings are prone to serious interference from the obstructive or even criminal behaviour of interested ‘stakeholders’. Numerous anecdotes involving not only bribery and subornation but actual violent threats of retaliation have emerged since the editors of this book addressed an audience at the Vienna Arbitration Days 2010, at which time they used the popular term guerilla – denoting such tactics as ambushes, sabo [ ... ]
The increased mobility of economic activities has resulted in a sharp increase in tax competition between countries. Tax competition can have desirable consequences, such as more efficiency, but it can also have undesirable or harmful consequences, such as a race to the bottom.
Since 1997 the year of publication of the Code of Conduct the fight against harmful tax competition has been one of the main issues of the EU-tax policy. However, the discussion about harmful tax competition till now ha [ ... ]
The safety obligation in any employment relationship, enshrined in numerous laws and regulations, must necessarily absorb advances in medicine and technology. The law of health and safety at work is perhaps best understood as an ongoing process engaged in the making of a dynamic and effective regulatory framework able to cope with an ever-changing work environment. This book, an in-depth survey of the current state of health and safety law in Europe represents the work of labour lawyers involved [ ... ]
Over the last few years increasing attention continues to be paid to the Principles of European Contract Law (otherwise known as the Principles, the Lando Principles or PECL). The drafters of the Principles presented their work in the form of articles accompanied by explanatory notes, averring that the main purpose of the instrument is to serve as a basis for a future European contract law. Can the Lando Principles, as their drafters claim, indeed offer an acceptable basis for a future European [ ... ]
It is scarcely five years since the first edition of this book, a milestone in the strategy-oriented approach to intellectual property at the global level, appeared and was quickly and widely welcomed as virtually an intellectual property agenda for the 21st century. This second edition includes a judicious update of the original data and analysis in light of the significant movement forward that has taken place over the past few years in many of the critical areas that shape the competitive str [ ... ]
Now into its second decade, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) continues to meet challenges raised by ongoing technological changes as it affirms an increasing degree of latitude to national authorities in its implementation. Important developments and controversies witnessed in the nine years since the first edition of this much-welcomed treatise include issues of public health, implications of the Agreement on the realization of human rights, and con [ ... ]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Canada. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to [ ... ]
Perhaps no Asian country currently attracts more interest from foreign inventors and investors than China. In many cases, however, this avid interest in foreign investment is not based on a reliable knowledge of China's legal framework and of protection of technology in particular. In a jurisdiction where the laws are complemented and interpreted by numerous guidelines and circulars issued by ministries or courts, such knowledge and awareness is all the more important.
Intellectual Property Law [ ... ]
The day-to-day business of international trade is primarily an undertaking between two private businesses based on a contract drafted and negotiated between the two parties for performance by them with occasional third-party assistance. It is this down-to-earth point of view that has caused this incomparable one-volume work to be treasured by business people and their counsel through four previous editions. The book’s much-appreciated precise information on a wide variety of issues encount [ ... ]
Competition litigation has become a major area of practice and almost invariably involves more than one, and often several jurisdictions. Moreover, arbitration and other dispute resolution mechanisms alternative to litigation (ADR) are becoming increasingly important in competition law.
This book examines all the relevant aspects of litigation, arbitration and ADR in a number of jurisdictions around the world to provide a thorough and exhaustive guide for practitioners based on the analysis of [ ... ]
For more than a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The Third Edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the searching, drafting, and execution of international contracts. More profoundly, it takes fully into account the impact of the financial crisis of 2008 on the legal profession, the regulatory system, and how we view certain types of contractual [ ... ]
