Damages in EU Public Procurement Law

“The EU Public Procurement Directives are hidden to most relevant actors behind the veil of the transposing national law. As a result the problem of unavailable damages remains defi ned by the national perspective. While considering the same problem, this book shifts the perspective to the point of view of EU law. What can EU law do in order to improve the effectiveness of damages for vio…

EU Public Procurement Law

Public procurement is a powerful exercise. It carries the aptitude of acquisition; it epitomizes economic freedom; it depicts the nexus of trade relations amongst economic operators; it represents the necessary process to deliver public services; it demonstrates strategic policy options. Public procurement as a discipline expands from a simple topic of the common market, to a multifaceted …

Writing History in International Criminal Trials

A sense of shared history is one of the main ways a people come to constitute themselves as a group or nation and to forge a collective identity and a sense of shared destiny. In times of peace and prosperity, this common past may enhance a sense of mutual purpose, instill a pride in public institutions, and fortify a civic patriotism. However, during economic and political crises, some politic…

THE LEGAL DIMENSIONS OF OIL AND GAS IN IRAQ

This book is the first and only comprehensive examination of current and future legal principles designed to govern oil and gas activity in Iraq. This study provides a thorough-going review of every conceivable angle on Iraqi oil and gas law, from relevant provisions of the Iraqi Constitution of 2005; to legislative measures comprising the oil and gas framework law, the revenue- sharing law, …

international sales law

The genesis for this book was an interest in looking at the world’s most successful substantive international commercial law convention – the United Nations Convention on Contracts for the International Sale of Goods (CISG) – from various national and methodological perspectives. Success here is measured by the overwhelming reception of the CISG by countries throughout the world. By late …

Criminal Law

Criminal Law uses a two-step process to augment learning, called the appliedapproach. First, after building a strong foundation from scratch, Criminal Lawintroduces you to crimes and defenses that have been broken down into separate components. It is so much easier to memorize and comprehend the subject matter when it is simplified this way. However, becoming proficient in the law takes more…

Building New Competition Law

There is no doubt that the enactment of a competition law and the creation of a specialised agency to enforce it are key conditions for the development of a favourable economic environment in any country. Mexico started this process in the early 1990s, with the approval of the Federal Law of Economic Competition (FLEC1), and the creation of the Federal Competition Commission (CFC2 or Commi…

The Politics of International Economic Law

n times of crisis, we are forcefully reminded of the links between politics and international economic law.1 Indeed, the meltdown in world markets has refocused attention on how the fingerprints of the “visible hand” can be seen all over the institutions that underpin the rules of globalization. From trade and investment to finance, governments are under pressure to enforce, resist, and rew…

MORALITY, POLITICS, AND LAW

Several years ago I wrote a book about the proper role of the judiciary— particularly the federal judiciary, and especially the Supreme Court of the United States—in adjudicating constitutional issues.1 In that book I assumed that there can be right answers—and wrong ones, too—to questions of morality. (I was concerned principally with questions of political morality. I argued thatjudge…

Criminal Law, Procedure, and Evidence

The American sense of liberty and individual rights springs from the U.S. Constitution and the Bill of Rights. These documents provide the guidelines for all federal, state, and local laws; they guarantee that the United States will remain a nation governed by the rule of law. They also balance society’s need to achieve social control, order, and safety against the individual’s right to l…

THE COMMON LAW OF INTELLECTUAL PROPERTY

THE CHAPTERS IN this collection, written in honour of David Vaver by friends, colleagues and former students, all relate to intel- lectual property and the common law. The idea of the ‘common law’ is understood primarily to refer to the family of legal systems of the so-called ‘common law countries’—including, Australia, Hong Kong, India, the Republic of Ireland, Israel, Malaysia, New…

English Insurance Contract Law

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9788740312096

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English Insurance For Contract Law

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978-87--403-1209-6

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1-84

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School Law of Indiana

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Legislative Guide on Insolvency Law

The Legislative Guide on Insolvency Law was prepared by the United Nations Commission on International Trade Law (UNCITRAL). The project arose from a proposal made to the Commission in 1999 that UNCITRAL should undertake further work on insol- vency law, specifically corporate insolvency, to foster and encourage the adoption of effec- tive national corporate insolvency regimes. An exploratory m…

THE DIGEST ENGLISH CASE LAW

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THE SPIRIT OF OUR LAWS

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The Law

I must have been forty years old before reading Frederic Bastiat’s classic The Law. An anonymous person, to whom I shall eternally be in debt, mailed me an unsolicited copy. After reading the book I was convinced that a liberal-arts education without an encounter with Bastiat is incomplete. Reading Bastiat made me keenly aware of all the time wasted, along with the frustrations of going…

The Legal Environment and Business Law

In a nation, the law can serve to (1) keep the peace, (2) maintain the status quo, (3) preserve individual rights, (4) protect minorities against majorities, (5) promote social justice, and (6) provide for orderly social change. Some legal systems serve these purposes better than others. Although a nation ruled by an authoritarian government may keep the peace and maintain the status quo, i…

AN ALTERNATIVE STORY OF THE LAW AND REGULATION OF RISK MANAGEMENT

This Article examines the history of the regulation of risk management in the banking industry. Despite the centrality of risk management to contemporary banking law and regulation, its fundamental precepts have largely escaped scrutiny. This Article first summarizes what it means to manage risk and then contrasts a traditional story of risk management regulation with an alternative story.…

CRIMINAL LAW

In October 2001, President George W. Bush authorized the National Security Agency (“NSA”) “to intercept the international communications of people with known links to al Qaida and related terrorist organizations.”1 Four years and two months later, news of the program became public. Attorney General Alberto Gonzales defended the Commander-in-Chief’s power to ignore warrants otherw…

THE HAMLYN LECTURES FORTIETH SERIES

The Hamlyn Trust came into existence under the will of the late Miss Emma Warburton Hamlyn, of Torquay, who died in 1941 at the age of eighty. She came of an old and well- known Devon family. Her father, William Bussell Hamlyn, practised in Torquay as a solicitor for many years. She was a woman of strong character, intelligent and cultured, well versed in literature, music and art, and a lover …

The ACT OF INCORPORATION and the BY-LAWS of the Massachusetts Homoeopathic M…

The Society, at its Annual Meeting, shall elect, by ballot, a President, two Vice-Presidents, Corresponding Secretary, Recording Secretary, Treasurer, Librarian, and five Censors, who shall together constitute an Executive Committee, to whom shall be intrusted the general business of the Society when it is not in session; the appointment of all standing committees, and such other committees as …

Right of the People

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Right of the People

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MEDIA LAW

Thoughtful people disagree about the proper role of the news media. Some believe that journalists should support government and supply the public only with information the government deems appropriate. Some believe the press instead should be the government’s watchdog, searching out and reporting on abuses of power

Administrative Law

Administrative law is the bye-product of the growing socio-economic functions of the State and the increased powers of the government. Administrative law has become very necessary in the developed society, the relationship of the administrative authorities and the people have become very complex. In order to regulate these complex, relations, some law is necessary, which may bring about regula…

Business Law Notes

The word “law” is generally associated with the word “rules.” McInnes, Kerr, and Van Duzer provide a simple definition of law as “a rule that can be enforced by the courts.”2 Similarly, Yates defines law as “the body of rules that can be enforced by the courts or by other government agencies.”3 DuPlessis and O’Byrne define law as “a set of rules and principles intended to gu…

The National Interest and the Law of the Sea

The Council on Foreign Relations (CFR) is an independent, nonpartisan membership organization, think tank, and publisher dedicated to being a resource for its members, government officials, business executives, journalists, educators and students, civic and religious leaders, and other interested citizens in order to help them better understand the world and the foreign policy choices facing th…

Criminal Justice

On 4 August 2011, a young black man was shot dead by police officers in the north London area of Tottenham. The shooting of Mark Duggan, as well as the way in which it was handled by the Metropolitan Police and Independent Police Complaints Commission, triggered a series of riots that spread like wildfire across the cities of England. As with the disturbances in the northern English towns in …

THE BASICS

People go to court for many reasons. One of the big reasons people go to court is to ask a judge to help them when someone hurts them. Or they may have a disagreement with someone and need a judge to tell them what to do. Or sometimes a person gets in trouble with the police and ends up in court. There are many different courts located in New York City. Some courts handle only certain kinds of…