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Solvency II is the new regime that regulates the solvency requirements for EU insurers and reinsurers. It aims to reduce the risk that an insurer would be unable to meet claims, to provide early warning to supervisors so that they can intervene promptly if capital falls below the required level, and to promote confidence in the financial stability
The need to allow a change of legal sex/gender in certain cases is no longer disputed in most jurisdictions, It has therefore shifted to what the requirements for such a change of the legal sex/gender should be.
Both in Europe and around the world, 2017 has been another difficult year for the protection of human rights. Split into its customary four parts, the tenth volume of the European Yearbook on Human Rights brings together renowned scholars to analyse some of the most pressing and topical human rights issues being faced in Europe today.
This book analyses the background, scope and practical impact of bilateral treaties and multilateral conventions concluded by selected Member States of the European Union with Third States, both from the European and the Third State perspective.
This volume investigates how the post-crisis supervisory regime of the EU and the Eurozone impacts on bank managers' duties and on market transactions: in their relationship to the large range of stakeholders, in current lending and investment transactions, in the phase of recovery and resolution, but also in adjudication.
This book is an introduction into the European Free Trade Association (EFTA) as an international organization and, inter alia, as a platform for its member states' relations with the EU and for jointly negotiated Free Trade Agreements. EFTA is an example of how countries that do not want to be members of the EU can still have close links with it.
This book is an in-depth study of the US and EU approaches towards consumer sales remedies that comprehensively discusses the three important elements of the organisation of consumer sales remedies: the hierarchy of remedies, the (extra)judicial application of remedies and notification duties.
This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations.
This book explores the theoretical basis of precontractual liability for the breaking-off of contractual negotiations and after a comparative analysis of common law (England) and civil law jurisdictions (Germany, France and Chile), argues in favour of a shift from good faith to the notion of reliance.
A health insurance system or a taxation-funded National Health Service (NHS)? Universal healthcare provision or marketization and competition? This book explores the development of competition policy in Dutch and English healthcare in light of tensions arising from these seemingly opposed ideas.
This book appeals to the principle of subsidiarity as a theoretical key to solve some of the inherent tensions of a doctrine that aims to increase the effectiveness of the American Convention on Human Rights and the decisions of the Inter-American Court of Human Rights in a plurality of constitutional systems and traditions in the region.
This book focuses on the decision-making processes in modern collegiate courts. Judges from some of the world's highest and most significant judicial bodies, both national and supranational, share their experiences and reflect on the challenges to which their joint judicial endeavour gives rise.
In times of the proclaimed "refugee crisis" this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.
Human Rights Tectonics. Global Perspectives on Integration and Fragmentation is a collaborative effort of internationally renowned Human Rights experts who analyse the effectiveness of legal protection in a highly fragmented and multilayered Human Rights system.
Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system.
This book systematically and exhaustively analyses existing PIL rules and issues in EU and national legislation, covering all EU Member States in the process. It then demonstrates that the characteristics of PIL themselves imply a framework for 'general issues' - independently from language, codification or underlying legal tradition.
This book discusses the possible reach of the influence of the TFEU provisions on free movement of goods, persons, services and capital on legal relationships between individuals (horizontal legal relationships). It then formulates a private law reaction to this so-called direct horizontal effect of the fundamental freedoms.
This study seeks to shed light on the prohibition of abuse of rights in Article 17 ECHR in order to contribute to a more coherent interpretation of this provision.
How do societies at the national and international level try to overcome historical injustices? What remedies did they develop to do justice to victims of large scale atrocities? And even more important: what have we learned from the implementation of these so-called instruments of transitional justice in practice?
Traditionally meant to further participation of citizens in politics, participatory democracy has now become an ideal where citizens are represented by a self-designated elite of civil society experts
This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations.
The Childs Interests in Conflict addresses the conflicting demands on children from minority groups or children born to parents of different cultural or faith backgrounds.
The European Yearbook of Disability Law reviews the significant developments at European level regarding disability law and policy.
This volume includes chapters on 'Newcomers in the Electricity Market: Aggregators and Storage', 'Hydropower Concessions in the EU: A Need for Liberalisation or Privatisation?', 'Investments and des-Investments in the Energy Sector', 'Offshore Decommissioning in the North Sea', 'CCS as a Climate Tool: North Sea Practice' and 'From EU Climate Goals to National Climate Laws'.
This fifty-third volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Tribunal for Rwanda 2010-2012.
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