Bøger i SpringerBriefs in Law serien

This volume assesses the implications of membership in the European Union for countries' understanding of the concept of sovereignty, based on the perspective of the Czech Republic.

This book tackles the problem of the insufficient and expensive charging infrastructure in Germany. The legal solutions proposed here could ultimately serve to offer e-motorists around the country highly efficient and competitively priced charging options.

This book covers all major topics in international tax law, ranging from permanent establishments and capital gains to the taxation of royalties and technical services, transfer pricing, and General Anti-Avoidance Legislation. It also highlights the Indian ΓÇ£storyΓÇ¥ of status vs. contract by examining four areas of controversy: permanent establishments, FTS (Fees for Technical Services) & Royalty, capital gains, and transfer pricing. The book approaches the subject of international taxation from two opposing yet related perspectives. One is the tax planning perspective, which involves contracts entered into by individuals and companies; the other is that of state regulation through increasingly complex legislation.The area of permanent establishments demonstrates the dominance of contracts over status, at least with respect to Indian tax law. However, some recent judicial decisions in this area demonstrate the susceptibility of contracts to status-related arguments. The areas of FTS & Royalty as well as those of capital gains and transfer pricing demonstrate the Indian governmentΓÇÖs attempts to establish, through legislation, the dominance of status over contracts.Whereas traditional textbooks on international tax law focus on the legal technicalities of tax legislation, this book provides tax scholars and lawyers with an understanding of tax planning and tax legislation side by side in each chapter, specifying the respective kind of actual or anticipated tax planning activity that in turn prompted a legislative response. As such, it offers readers a contextual and practical introduction to the complexities of international tax law, as well as an in-depth analysis of the latest debates and controversies in this area.

This book discusses comprehensively the use of Flipped Classrooms in the context of legal education. As Flipped Classrooms have become a very hot topic across disciplines in recent years, this book offers a unique resource for law teachers, law school managers as well as researchers in the field of legal education.

This book analyses a middle position between single enumerations in a regular federal-like and a regular autonomy-like distribution of legislative powers by examining constitutional legislation in three countries (Canada, Denmark and Finland) that have established separate enumerations for the national level and the sub-state level.

It contends that our welfare is inextricably entangled with that of others, and accordingly law and ethics, in determining our best interests, should recognise the central importance of relationality, the performance of obligations, and (even apparently injurious) altruism.

The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law.

This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

This book starts with an exercise, proposing a theoretical reflection on the technological path that, over time, has transformed the ways we produce, consume and manage intellectual content subject to copyright protection. This lays the groundwork for a further analysis of the main legal aspects of the new European Directive, its improvements, its tendencies and its points of controversy, with special and more concrete attention to how it proposes to address the issues of competition, transparency and multi-territorial licensing. Digital technologies, networks and communication have boosted the production and distribution of intellectual content. These activities are based on a renewable and infinite resource ¿ creativity ¿ which turns this content into strategic artistic, cultural, social, economic and informational assets. Managing the rights and obligations that emerge in this system has never been an easy task; managing them collectively, which is more often than not the case, adds even more complexity.The European Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market is a policy initiative that seeks to establish an adequate legal framework for the collective management of authors¿ rights in a digital environment, recognizing this goal as crucial to achieving a fully integrated Single Market. Part of the Digital Agenda for Europe, it is an effort to promote simplification and to enhance the efficiency of collective rights management by tackling three of the main issues that are currently undermining the business model of collecting societies: competition, transparency and multi-territorial licensing.The book is intended to support students, academics and practitioners by enhancing their general and legal grasp of these phenomena, while alsoencouraging their collaboration with policymakers and other interested parties in the ongoing task of transposing the Directive into concrete national legislation.

The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.

It suggests that the status quo under competition law is unsatisfactorily short sighted and that the EU should take a holistic approach (including information markets) to the analysis of competition law, reflecting consumer protection and fundamental rights aspects in the assessment.

This book analyzes in detail differing interpretations of the rule of law in Western legal systems and in the People's Republic of China.

The book addresses the most critical issue faced by aviation and climate change: namely the development of a market based measure to control aircraft engine emissions. It discusses the current market economic trends as they impact to aviation and suggests steps and measures to be taken in the development of a workable MBM.

This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy.