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"It covers all the main areas of International Law, such as International Economic Law, International Environmental Law, and the ways International Law deals with different types of armed conflict. It also concludes with a short chapter examining the prospects for International Law."--BOOK JACKET.
This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.
The protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright are seldom confined to one country and the introduction of a foreign element inevitably raises potential problems of private international law, ranging fromestablishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments. For example, will a foreign defendant be subject to the jurisdiction of the English courts if he induces his English distributor to infringe a patent inEngland? What law will apply to a trade mark licensing agreement made between a German company and a French company where the parties have not expressly chosen whose law governs their contract? And are an author's rights determined by the same law as that governing the issue of the transferabilityof copyright? Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike. From the authors' preface This book is concerned with the application of the rules of private international law to intellectual property cases. Private international lawyers have largely ignored this topic, and it has been left to intellectual property lawyers to discuss this. This is a pity. It is a topic which raisesunique questions for the private international lawyer which deserve an answer, and at the same time tells us much about the rules of private international law that are being applied. The aim of the book is to fill this gap in the literature. The emphasis in the book is on private international lawrather than on intellectual property law. Nonetheless, it is hoped that intellectual property lawyers will find much to interest them here Most of the book is taken up with a discussion of the relevant rules of private international law and their application in the context of intellectual property law. A major theme of the book is the extent to which there are special rules of private international law for this area and whether thereshould be such rules. Alternative private international law solutions will be considered by looking at the law in other jurisdictions and, where appropriate, proposals will be put forward for a better solution This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
The Conflict of Laws addresses the jurisdiction of Courts (and whether their judgments are enforced and recognised overseas) and the effect of foreign judgments in England (whether these are recognised and enforced) . It also looks at the principles of choice of law for cases with an international element for example contracts made or performed in other jurisdictions or with other parties, torts committed overseas or by foreign parties, international fraud, property sited overseas, and family and personal matters (including marriage, divorce, and financial support) across different jurisdictions.
Part of the 'Clarendon Law Series' this volume offers a concise introduction to company law. It sets out the five key functions of company law, as well as examining how to maximise the benefits whilst minimising the costs of creating a company.
This addition to the Clarendon Law Series offers a fresh approach to the law governing employment relations, emphasising the contemporary policy themes of social inclusion, competitiveness, and the rights of citizenship in the workplace. It acts as a succinct and accessible overview for those new to the subject as well as an excellent summary for students. Employment Law covers all the main areas of the subject including anti-discrimination laws, trade unions and industrial action, contracts of employment and human rights in the workplace. It also discusses how UK law, under the influence of EC law and international protection of human rights, has been transformed for the twentieth-first century by pursuing new goals such as helping to achieve a better balance between work and life, to improve the competitiveness of business through partnership institutions, and to provide superior protection for the basic rights of employees in the workplace. Offering frequent and illuminating comparisons with the law of other countries, including the United States, Professor Collins also discusses the effectiveness of employment regulation as well as examining the different national and transnational methods available.
This is the fourth edition of Peter Cane's Administrative Law, offering a straightforward but sophisticated account of an increasingly complex and important area of law, written in a lively and stimulating manner. The text, which has been extensively revised, takes full account of the many dramatic developments in English public law in recent years in areas such as devolution, human rights and freedom of information. The text has three mains aims: to provide a clear and concise account of the law concerning judicial control of public administrative power, to suggest political and theoretical perspectives that can help readers to understand the law better, and to explore the relationship between judicial and other forms of control such as ombudsmen and tribunals. An underlying theme of the analysis is to show that the role of courts in controlling public power is not that of neutral arbiter between 'citizen and state' but rather that of active participant in public decision-making processes.

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