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This volume of the Proceedings of the Nineteenth Session of the Hague Conference on Private International Law encompasses all preparatory work and records of meetings which led to the adoption of the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities held with an Intermediary (the Hague Securities Convention). The signing of this Convention on 5 July 2006 by two of the world's major financial markets, the United States and Switzerland, shows the relevance of the new treaty. Traditional rules, based on physical transfers and direct holdings, are too diverse and inadequate to deal with securities which are nowadays transferred and pledged by electronic entries to accounts with clearing and settlement systems and other intermediaries. By identifying specific conflict rules, the Hague Securities Convention provides a means to remedy this lack of legal certainty which has characterized for too long the field of security transactions. The Proceedings will enable the financial world, but also legal practitioners and academics to grasp the background and full objectives of this very innovative international instrument.
Encyclopedia of Public International Law, 9: International Relations and Legal Cooperation in General, Diplomacy, and Consular Relations focuses on international relations and legal cooperation in general, including diplomacy and consular relations. The publication first offers information on the international aspects of administrative law, the Asian-African Legal Consultative Committee, Atlantic Charter (1941), Bandung Conference (1955), and the international regulation on broadcasting. The text also examines the international protection of children, coded communications, international conferences and congresses, consular jurisdiction, treaties, and relations, and international criminal law. Discussions focus on bilateral consular agreements, establishment of consular relations, privileges and immunities, legal situation, historical evolution of legal rules, and protection for children in special situations. The manuscript ponders on wildlife protection, international regulation on the use of water, waste disposal, unjust enrichment, transfrontier pollution, tourism, terrorism, and international regulation on telecommunications. Topics include principles governing international telecommunication, space telecommunications, special legal problem on terrorism, touristic relations between states, historical evolution of transfrontier pollution, international consequences of water use, and global, regional, and bilateral treatises on wildlife protection. The publication is a vital source of data for researchers interested in international relations and legal cooperation in general, as well as diplomacy and consular relations.
These essays, written in honour of retired ECJ judge Pernilla Lindh, reflect on the development of courts and judging in the EU since the founding of the Union. In particular they focus on recent reforms and proposals aimed at further increasing public confidence and democratic accountability throughout the EU judicial system.
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Standard-setting represents one of the main constitutional functions of UNESCO and an important tool for realizing the goals for which the Organization was created. In addition to conventions and recommendations, the declarations adopted by the General Conference promulgate principles and norms intended to inspire the action of Member States in specific fields of activity. This first of a two-volume work on Standard-setting in UNESCO contains the essays presented at a symposium held on the occasion of its sixtieth anniversary. Topics addressed in Normative Action in Education, Science and Culture include methods of elaboration and implementation; constitutional objectives and legal commitments; international collaboration; and impact. CO-PUBLICATION WITH: UNESCO
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.