European and international Law by Nomos

European and International Law nomos Verlagsgesellschaft | WaldseestraĂ&#x;e 3-5 | D-76530 Baden-Baden, Germany

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Table of Contents | Imprint

Table of Contents Arbitration, ADR, litigation

European and International Corporate Law

European and International Criminal Law

European and International Criminal Law (In German Language)

European and International IP Law

European Union Law

European Union Law (In German Language)

International Investment Law

Medical Law and Ethics

Private European and International Law

Public International Law

German Civil Code

authors 33

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Catalogue Nr.: 2990

Arbitration, ADR, litigation

Conrad/Münch/Black-Branch (Eds.)

International Commercial Arbitration Standard Clauses and Forms Commentary

Helbing Lichtenhahn Verlag C.H. Beck . Hart . Nomos

International Commercial Arbitration

Eidenmüller (Editor)

Regulatory Competition in Contract Law and Dispute Resolution

C.H. Beck . Hart . Nomos

Standard Clauses and Forms

Regulatory Competition in Contract Law and Dispute Resolution

– Commentary –

Edited by Prof. Dr. Horst Eidenmüller

Edited by Prof. Dr. Nicole Conrad, Prof. Dr. Peter Münch and Prof. Dr. Jonathan Black-Branch

2013, 511 pp., hc., . € 150.00 ISBN 978-3-8329-7268-4

2013, 913 pp., hc., € 320.00 ISBN 978-3-8487-0145-2 Providing a full range of clauses, forms and documents needed from the beginning of arbitral proceedings right through the issuing of the arbitral award, the handbook is an indispensable working tool for practitioners. It contains insightful commentaries and offers insider information and knowhow regarding arbitration in specific countries, including the Asian countries which are becoming important players in the field of international arbitration. Written by renowned experts in the field, the handbook will assist practitioners – be they lawyers, counsel or arbitrators – in the practical area of arbitral proceedings. The handbook covers the following countries and arbitration rules: UNCITRAL, ICC, WIPO , VIAC (Austria) , CIETAC (China), DIAC (Dubai), LCIA (England & Wales), DIS (Germany), HKIAC (Hong Kong), ICA (India), Malaysia (KLRCA), SIAC (Singapore), SCC (Sweden), Swiss Rules (Switzerland).

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. In order to analyze this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011. The conference brought together leading scholars in the field of contract law and dispute resolution both from the US and Europe. This book compiles revised versions of the various papers and comments produced for that conference.

Arbitration, ADR, litigation

Schütze (ed.)

Institutional Arbitration Article-by-Article Commentary on AAA CIEDAC DIAC DIS ICC ICSID KLRCA

LCIA MKAS SCC SIAC Swiss Rules Uncitral Rules Vienna Rules

C.H. Beck . Hart . Nomos

Institutional Arbitration

Consumer ADR in Europe

Article-by-Article Commentary

Civil Justice Systems

Edited by Dr. Rolf A. Schütze

By Christopher Hodges, Dr. Iris Benöhr and Dr. Naomi Creutzfeld-Banda

2013, 1.511 pp., hc., 329,– € ISBN 978-3-8329-7262-2

International arbitration has become the preferred dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration where a specialised institution with a permanent organisation provides assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences and to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provides a comprehensive article-by-article commentary of rules of arbitration of 14 important arbitration institutions.

2012, 503 pp., hc., € 68.00 ISBN 978-3-8329-7260-8 This is the first systematic comparative study of how consumer ADR systems (usually ombudsmen and médiateurs) work, the differing national architectures within which they operate, and how they can be improved. It describes ADR schemes in France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors’ findings underpin EU and national developments, and outline options for future policy. Findings and proposals are included for the functions, scope, performance, essential requirements, architecture and operation of ADR systems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have major impact on European legal systems.

Arbitration, ADR, litigation

Wegen / Barth

International Arbitration in Germany

C.H. Beck . Hart . Nomos

Collective Actions

International Arbitration in Germany

A Comparative Study

By Prof. Dr. Gerhard Wegen and Dr. Marcel Barth

By Dr. Rebecca Money-Kyrle

2014, approx. 300 pp., hc., approx. € 180.00 ISBN 978-3-8329-7263-9

2013, approx. 464 pp., hc., approx. € 75.00 ISBN 978-3-8329-7261-5

Published approx. 2014

Published approx. December 2013 This is a wide ranging study of collective redress. The procedural rules applicable to collective redress ought to filter out cases which do not fulfill certain criteria determined in accordance with the assumed or explicit aims of the mechanisms. Those rules may be regarded as ‚safeguards‘ against abusive litigation or barriers to access to justice. Typical examples include rules restricting rights qualifying for collective redress, admissibility controls, restrictions on legal standing and representation, and controls on funding and costs. Whether such rules act as justifiable ‚safeguards‘ or ‚barriers‘ depends on the conceptual model and policy aims adopted in each jurisdiction. Thus, this work has two aims. First, it examines different conceptual models of collective redress. Secondly it undertakes a detailed comparative review of examples of those models to ascertain which types of safeguards or barriers are incorporated in order to maximise the effectiveness and policy aims. Jurisdictions studied stretch from Latin America, the USA, and Europe, to Asia and Africa. Besides examining generic collective redress mechanisms, the study takes into account ‚regulatory‘ enforcement models such as sector-specific collective procedures in consumer protection, financial services and securities law, environmental protection, employment law, and fundamental rights.

The handbook covers the following issues: ■■

Legal framework for international arbitration in Germany

■■

Considering arbitration for disputes in Germany

■■

The arbitration agreement

■■

The arbitral tribunal

■■

The arbitral procedure

■■

The arbitral award

■■

Settlement

Dr. Gerhard Wegen is a partner at Gleiss Lutz in Stuttgart, and Professor of Law at the University of Tübingen. His practice focuses on corporate law and M&A. He has an outstanding track record advising international clients in all aspects of cross-border M&A projects. Dr Marcel Barth is managing partner of the Hanover branch of Price Waterhouse Coopers; he is a specialist in corporate law, M&A and restructuring. The authors work for well-known international law firms and are specialists in the company law of their respective countries.

European and International Corporate Law

Wolff (ed.)

New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards – Commentary –

C.H. Beck . Hart . Nomos

New York Convention

The Spirit of Corporate Law

on the Recognition and Enforcement of Foreign Arbitral Awards

Core Principles of Corporate Law in Continental Europe

– Commentary – Edited by Dr. Reinmar Wolff

By Prof. Dr. Günter H. Roth and Prof. Dr. Peter Kindler

2013, 677 pp., hc., € 185.00 ISBN 978-3-8329-7264-6

2013, approx. 230 pp., hc., approx. € 85.00 ISBN 978-3-8487-0474-3

International arbitration not only paves the way for parties to avoid the imponderables of proceedings before foreign state courts. It also facilitates transnational enforceability of awards which is far more effective than the enforceability of state court judgments. The major instrument to that effect is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (»New York Convention«) of 10 June 1958, in the meantime, ratified by 147 states. The 16 articles of the Convention are dealt with article-by-article, with a clear structure which swiftly guides the reader to the issue he or she is engaged with.

The book is based on the fact that throughout Europe only a small number of corporations are listed – the reality of corporate law is dominated by small and medium-size enterprises. Therefore legal standards pertaining to control transactions or investor protection and other topics of capital market law are not part of the core principles of corporate law. The question is not how to protect best the interests of shareholders but rather the interests of all parties affected by a firm’s activities, including its creditors and other third parties. The Treaty on the Functioning of the European Union reminds us not to forget that when drawing the attention of the European legislator in the field of corporate law and freedom of establishment to directives safeguarding “the protection of the interests of members and others” (art. 50). The book is focusing on the perspective of key jurisdictions in continental Europe, such as Austria, France, Germany, Italy, Spain, Switzerland, and considering seminal inputs from Belgium, the Netherlands, Portugal and Scandinavian countries.

Given the New York Convention‘s global relevance, it follows that the potential »users« of the Convention are in need of guidance as to how to apply it. The primary target groups are lawyers seeking (or defending against) recognition and enforcement of foreign arbitral awards worldwide, state court judges applying the Convention in recognition proceedings, and in-house lawyers in large and/or multinational enterprises dealing with transnational dispute resolution.

Published approx. October 2013

European and International Criminal Law

Wegen / Barth / Spahlinger

Satzger

Corporate Laws of the World – Handbook –

International and European Criminal Law

C.H. Beck . Hart . Nomos

Corporate Laws of the World Handbook Edited by Prof. Dr. Gerhard Wegen, Dr. Andreas Spahlinger and Dr. Marcel Barth 2014, approx. 2.000 pp., hc., approx. € 300.00 ISBN 978-3-8329-7266-0

International and European Criminal Law By Prof. Dr. Helmut Satzger 2012, 337 pp., pb., € 85.00 ISBN 978-3-8329-7267-7

In the wake of increasing globalisation, criminal law has become an internationalised subject. This new textbook highlights the most important aspects of European and International Criminal Law in order to provide the reader with a comprehensive, concise and solid introduction to this modern field of law. The text is written in a clear and straightforward language, referring to numerous examples, models and charts; it will appeal to law students and academics, but also to practitioners new to the subject.

■■

Rules determining the exercise of jurisdiction

Each country report will be about 50 pages, following a common structure:

■■

‘European Criminal Law’ dealing with the question, if and how far the EU may create or harmonise criminal law

■■

Evolution of European Criminal Procedure Law

■■

Ne bis in idem-Principle

■■

Guarantees under the European Convention of Human Rights

■■

Principles of International Criminal Law

■■

Procedures and substantive law of the International Criminal Court (ICC)

■■

Private companies with limited liability

■■

Public companies

Regarding the companies the authors, by following a common questionnaire, cover all the relevant issues from foundation till liquidation and winding-up of a company.

Focus is laid on:

EuropEAn AnD intErnAtionAl CriminAl lAw

Schriften zum Internationalen und Europäischen Strafrecht

Lena Lindemann

Martin Böse/Frank Meyer/Anne Schneider (eds.)

Referral of Cases from International to National Criminal Jurisdictions

Conflicts of Jurisdiction in Criminal Matters in the European Union

Transferring Cases from the ICTY and the ICTR to National Jurisdictions

Volume I: National Reports and Comparative Analysis

Nomos

referral of Cases from international to national Criminal Jurisdictions

Conﬂicts of Jurisdiction in Criminal matters in the European union

Transferring Cases from the ICTY and the ICTR to National Jurisdictions

Volume I: National Reports and Comparative Analysis

By Dr. Lena Lindemann

Edited by Prof. Dr. Martin Böse, Prof. Dr. Frank Meyer and Dr. Anne Schneider

2013, 300 pp., pb., € 78.00 ISBN 978-3-8329-7742-9 (Schriften zum Internationalen und Europäischen Strafrecht, Bd. 3) The study deals with the so called “Completion Strategy” for the International Criminal Tribunals for Rwanda and the former Yugoslavia which enable these Tribunals to refer cases to national criminal jurisdictions. These referrals raise numerous questions regarding international law and criminal procedure law. Published in German.

2013, 466 pp., pb., € 109.00 ISBN 978-3-8329-7746-7

In a globalized world, criminal law cases with cross-border elements have become a common phenomenon. The citizen is thus confronted with the criminal law of several states. Due to different criminal policies, some of these might regard his conduct as punishable, while others regard it as unpunishable. It could also happen that criminal proceedings are initiated in different states at the same time. This study aims at analyzing whether conflicts of jurisdiction between national criminal laws can be avoided or rather settled at an earlier stage by harmonizing the national criminal law and thus restricting the scope of the application of national criminal law. The first volume contains reports from ten EU member states which explain the scope of national criminal law as well as other, also procedural, mechanisms for the settlement of conflicts of jurisdiction.

EuropEAn AnD intErnAtionAl CriminAl lAw (in german language)

§§§§§§§§§§§§§§§§§§§§§§§§§§§ Max-Planck-Institut für ausländisches und §§§§§§§§§§§§§§§§§§§§§§§§§§§ internationales Strafrecht §§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ Sieber | Satzger §§§§§§§§§§§§§§§§§§§§§§§§§§§ v. Heintschel-Heinegg [Hrsg.] §§§§§§§§§§§§§§§§§§§§§§§§§§§

Europäisches Strafrecht 2. Auflage

Nomos

C.H. Beck

Strafgesetzbuch

Europäisches Strafrecht

Edited by Prof. Dr. Dres. h.c. Urs Kindhäuser, Prof. Dr. Dr. h.c. Ulfrid Neumann and Prof. Dr. Hans-Ullrich Paeffgen

Edited by Max-Planck-Institute for Foreign and International Criminal Law in cooperation with Prof. Dr. Dr. h.c. mult. Ulrich Sieber, Prof. Dr. Helmut Satzger und RA Prof. Dr. Bernd von Heintschel-Heinegg

4th edition 2013, 7.104 pp., hc., 3 Vol., € 398.00 ISBN 978-3-8329-6661-4

2nd edition 2013, approx. 1.000 pp., hc., approx. € 148.00 ISBN 978-3-8487-0059-2 Published approx. November 2013

The leading article-by-article commentary on the German Penal Code. The well chosen editors and authors of this extraordinary opus reflect the current discussions on the criminal code and criminology in Germany from a profound scientific perspective. Published in German.

Handbook on European Criminal Law dealing with the influences of the European Law on the national criminal law. Useful for legal practitioners as well as legal scholars. Published in German.

EuropEAn AnD intErnAtionAl ip lAw

pharmaceutical, biological and Chemical patents By Prof. Dr. Maximilian Haedicke, Dr. Marco Stief and Dr. Dirk Bühler 2014, approx. 250 pp., approx. € 190.00 ISBN 978-3-8487-0300-5

patent law Handbook Edited by Prof. Dr. Maximilian Haedicke and Dr. Henrik Timmann 2013, approx. 1.000 pp., approx. € 290.00 ISBN 978-3-8487-0301-2 Published approx. October 2013

Published approx. March 2014 The topic of pharmaceutical, biological and chemical patents is a special matter within European and German patent law. Structural alternations give rise to the question under what circumstances they can be novel and in which cases they are included in the state of the art. But even if a substance is prior art, a new medical use of it can be patented, as such medical use patents are politically intended to promote medical research. On the other hand, it is unclear how to deal with natural occurrences of a substance in terms of its accessibility an bioethics. It must also be understood how different identifications of a substance and the resulting patents interrelate with each other, i.e. how their scopes of protections are defined. This is problematic especially because of the absolute substance of protection, which includes all conceivable uses and methods. The past decisions of the ECJ as regards broccoliand-tomato-patents, as well as embryonic stem cells have highlighted the importance of this field of law.

This handbook presents a comprehensive view of substantive patent law in a European and international context. German patent law is used as an example of a mature patent law regime. The handbook covers the following subjects: ■

Invention and protectability

■

Patent holder

■

Patent as subject matter in legal transactions

■

Grant and suspension of patents

■

Interpretation and scope of protection

■

Pharmaceutical, biological and chemical inventions

■

Patent utilisation

■

Objections

■

Legal consequences of patent infringement

■

Utility models

European and International IP Law

Henning-Bodewig

International Handbook on Unfair Competition

C.H. Beck . Hart . Nomos

International Handbook on Unfair Competition

Supplementary Protection Certificates (SPC)

Edited by Prof. Dr. Frauke Henning-Bodewig

Handbook

2013, 653 pp., hc., € 239.00 ISBN 978-3-8329-7265-3

By Dr. Marco Stief and Dr. Dirk Bühler 2014, approx. 250 pp., hc., approx. € 190.00 ISBN 978-3-8487-0299-2 Published approx. April 2014

In a world of global trade, the “fairness” of commercial transactions gains in importance. While most countries agree that in the interest of all market participants competition shall not only be free but also honest, significant differences as to the approach to ensure this fairness prevail. This not only affects interstate trade, but also impairs the interests of competitors and consumers who increasingly deal or buy abroad. The book discusses the “Acquis” in unfair competition law on an International and Regional level, as well as the national approach of more than 20 countries to the regulation of marketing and advertising, of protection for competitors against passing-off and discrediting, and of special rules for consumers etc. It not only offers insights to business and lawyers dealing abroad, but also forms the basis for the development of uniform standards worldwide regarding the commercial fairness of business practices.

The supplementary protection certificate (SPC) prolong the term of patents for pharmaceutical products for a maximum of five additional years, i.e. the certificate becomes effective at a time when the respective pharmaceutical is widely known on the market and thus generates the maximum of revenue, which explains the enormous economic value of the SPC. The SPC’s legal bases are two European SPC-Regulations. The SPC is based upon European or national patents. SPCs protect some of the most valuable products in the pharmaceutical industry where each day of additional protection may be worth millions of Euro. At the same time, the requirements for obtaining such protection, the scope of protection, etc. are highly disputed and have been the subject of numerous decisions of the ECJ. German jurisprudence on SPCs is of special importance, as this has often been the basis for decisions of the ECJ. Further, the German market is one of the leading markets for pharmaceuticals and thus for SPCs. Thus, German case law is used to illustrate the comments.

European and International IP Law

MIPLC Studies

Magdalena Kolasa

Eva Riemann

The Scope and Limits of Protection for Distinctive Signs against the Community Design

Contextual Brand Valuation

The Application and Implications of Art. 25 (1) (e) of the Community Designs Regulation

From Fundamental Issues and Analysis of the State of the Art to a Systematic Integrated Approach to Brand and Intellectual Property (E)Valuation

Nomos

The Scope and Limits of Protection for Distinctive Signs against the Community Design

Nomos

Contextual Brand Valuation

The Application and Implications of Art. 25 (1) (e) of the Community Designs Regulation

From Fundamental Issues and Analysis of the State of the Art to a Systematic Integrated Approach to Brand and Intellectual Property (E)Valuation

By Magdalena Kolasa

By Dr. Eva Riemann

2012, 82 pp., pb., € 24.00 ISBN 978-3-8329-7910-2

2012, 304 pp., pb., € 79.00 ISBN 978-3-8329-7637-8

(Munich Intellectual Property Law Center – MIPLC, Bd. 17)

(Munich Intellectual Property Law Center – MIPLC, Bd. 15)

This book addresses the application and the implications of Art. 25(1)(e) CDR – the basis for invalidation of a Community design on the basis of infringement of a prior distinctive sign. This potentially attractive provision, allowing for an invalidation with reference to various legal provisions, results to date in a lower number of invalidations than Art. 25(1)(b) CDR – the other basis for invalidation available for the owners of distinctive signs.

Intangible Assets such as brands and other intellectual property (IP) are highly contextual and unique. There exist hardly any functioning market mechanisms for IP. For these reasons, IP valuation for strategic and prognostic, i.e. future-related, purposes is highly complex. This work aims at making a contribution to facilitate better handling of this complexity. It therefore firstly illuminates basic aspects of value which apply to all IP, before specifics of trade marks and brands are dealt with. The introduction of a new approach to IP valuation as well as an overview of legal dimensions of brand value constitute further key aspects of the work.

The analysis covers the scope and limits of protection of trade marks, trade names, company symbols, work titles and names, with reference to the EU-harmonised rules and the national German law. This examination is a starting point for addressing some of the controversial issues concerning the application of Art. 25(1)(e) CDR as a ground for invalidation, such as the application of limitations to the right to a distinctive sign in design invalidity proceedings, or the relationship between the invalidation on the basis of lack of novelty, lack of individual character and based on infringement of prior rights.

European and International IP Law

MIPLC Studies

Schriften zum geistigen Eigentum und zum Wettbewerbsrecht

Joel Gotkin

Götting/du Vall (†)/Röder-Hitschke (Hrsg.)

The United States Bayh-Dole Act and its Effect on University Technology Transfer

Enforcing Intellectual Property Rights

Necessary Instruments versus Over-Enforcement

Nomos

The United States Bayh-Dole Act and its Effect on University Technology Transfer By Joel Gotkin 2012, 74 pp., pb., € 21.00 ISBN 978-3-8329-7706-1 (Munich Intellectual Property Law Center – MIPLC, Bd. 18)

This publication discusses one of the most influential pieces of legislation relating to technology transfer in the United States: The Bayh-Dole Act. The publication discusses the history that led to the groundbreaking Act, characterizes strengths and weaknesses of the Act from an economic and a policy standpoint, and details the recent Supreme Court Stanford v. Roche case, which may carry implications to technology transfer in the future. The publication also compares technology transfer and the Bayh-Dole Act to technology transfer in other developed and developing countries, comparing and contrasting the technology transfer schemes. Joel Gotkin is an attorney at a large full-service Intellectual Property law firm based near Washington, DC. Joel currently handles the full spectrum of patent prosecution for both domestic and international clients. Joel prosecutes patents in the mechanical, electronic and chemical arts, including patents relating to aircraft and automobiles. Joel’s research interests lie in technology licensing, specifically relating to universities and pharmaceutical companies.

Nomos

Enforcing Intellectual Property Rights Necessary Instruments versus Over-Enforcement Edited by Prof. Dr. Horst-Peter Götting, Prof. Dr. hab. Michal du Vall † and Heike Röder-Hitschke, LL.M. 2012, 134 pp., pb., € 38.00 ISBN 978-3-8329-5366-9 (Schriften zum geistigen Eigentum und zum Wettbewerbsrecht, Bd. 34) The enforcement of intellectual property rights has been one of the most important and controversial issues for almost a decade now. This volume presents the conference contributions at a bilateral conference organized by the Institute for Intellectual Property, Competition and Media Law (IGEWeM) at the Technische Universität Dresden and the Institute of Intellectual Property Law at the Uniwersytet Jagiellonski in Kraków, held on 9/10 October 2009 in Dresden. Discussing the impact of the Enforcement Directive on national law and proceedings as well as the question if the reinforced recognition of intellectual property rights has reached its limits, speakers focused on the Implementation of the Enforcement-Directive into Polish Law (Tischner), Interlocutory injunctions in IP Disputes under Polish Law (Targosz), the Enforcement of Personality Rights (Müller), the Compulsory License under Competition Law and under German Law (du Vall and Götting), Defences in Trademark Litigation (Hanske) and Patent Litigation (Ozegalska-Trybalska) and the Dualism in German Patent law (Hetmank).

European and International IP Law

MIPLC Studies

João Pedro Quintais

On Peers and Copyright: Why the EU Should Consider Collective Management of P2P

Nomos

On Peers and Copyright: Why the EU Should Consider Collective Management of P2P By Dr. João Pedro Quintais, LL.M. 2012, 104 pp., pb., 28.00 ISBN 978-3-8329-7638-5 (Munich Intellectual Property Law Center – MIPLC, Bd. 14) This book analyzes the EU’s approach to P2P, a digital age technology that highlights the tensions between the Internet and a territorial and fragmented copyright law. It aims at providing the necessary legal qualification and context to understand why the EU, while following an economic and socially onerous path, has thus far failed to achieve its deterrence goals. It is argued that a solution to this conundrum must be based on the use of copyright law and policy as tools for market organization and innovation growth, with respect for rights holders and users (sometimes) opposing interests and the existing legal framework. The best answer to mass online P2P uses seems to be that of collective rights management, as it offers an organized licensing and remuneration system compatible with the interests of stakeholders. This is especially true in the EU, home to a developed and sophisticated market of CMOs, subject to numerous ECJ and Commission decisions, as well as varying EU institutional approaches, all pointing towards a preference for multi-territorial and panEuropean licensing models. In this context, this book tests the compatibility of several non-voluntary and voluntary approaches to P2P with international treaties, the acquis or simply strategic policy considerations.

European Union Law

Cole/Metzdorf

EU Audiovisual Media Services Directive

– Comparative Commentary on the AVMSD and National Implementation –

C.H. Beck . Hart . Nomos

Drohmann / Townsend

REACH-Regulation

Handbook on Regulation (EC) No 1907/2006 Concerning Registration, Evaluation, Authorisation and Restriction of Chemicals

C.H. Beck . Hart . Nomos

EU Audiovisual Media Services Directive

REACH-Regulation

– Comparative Commentary on the AVMSD and National Implementation –

Concerning Registration, Evaluation, Authorisation and Restriction of Chemicals

Edited by Prof. Dr. Mark D. Cole and Jenny Metzdorf

Edited by Dr. Dieter Drohmann and Matthew Townsend

2013, approx. 1.000 pp., approx. € 249.00 ISBN 978-3-8487-0282-4

2013, approx. 500 pp., hc., approx. € 200.00 ISBN 978-3-8329-7270-7

Published approx. October 2013

Published approx. September 2013

The European audiovisual industry is one of the most dynamic markets in the European Union. The Audiovisual Media Services Directive is the bedrock of the EU’s audiovisual and media policies. It regulates diverse aspects for providers of television broadcasting and on-demand services and entered into force in December 2007. Due to the volatility of a market facing convergence of media and important policy choices, for instance whether to allow product placement, Member States have struggled with the transposition of this Directive.

The Council Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) has been described as the “most complex piece of legislation in EU history”. Entering into force on 1 June 2007, the Regulation constitutes the basic law for any business involved in chemical substances in the European Union. It is meant to improve the protection of human health and the environment, as well as the enhancement of innovation and competitiveness of the chemical industry in the EU. For this end the intrinsic properties of chemical substances shall be identified sooner and more accurate. By the REACH-Regulation importers and manufacturers are required to gather information on the properties of their chemical substances and to register the information in a central database operated by the European Chemical Agency (ECHA) based in Helsinki.

This completely new commentary employs an innovative approach: Based on English translations, the study systematically examines the national implementing measures of the 28 Member States.

Handbook on Regulation (EC) No 1907/2006

This handbook covers all the relevant issues from initial registration of chemical substances to the final enforcement of the obligations under the Regulation.

EUROPEAN UNION LAW

Helleringer / Purnhagen (Editors)

Towards a European Legal Culture

C.H. Beck . Hart . Nomos

Towards a European Legal Culture

European Insolvency Regulation

Edited by Dr. Geneviève Helleringer and Dr. Kai Purnhagen, LL.M.

Heidelberg-Luxembourg-Vienna Report

2013, approx. 500 pp., hc., € 179.00 ISBN 978-3-8329-7195-3 Published approx. September 2013

Edited by Prof. Dr. Burkhard Hess, Prof. Dr. Paul Oberhammer and Prof. Dr. Thomas Pfeiffer 2013, approx. 400 pp., hc., approx. € 125.00 ISBN 978-3-8487-0470-5 Published approx. October 2013

European harmonisation efforts such as a European civil code, European constitutional treaties, European principles, and European fundamental rights are frequently criticised for building on or creating a European legal culture that does not exist in the reality of European legal pluralism. This pluralistic structure of European law, it is submitted, hindered the development of a community, which would be a necessary requirement for a European legal culture. In short: There would be no common European legal culture and hence, no basis for certain harmonising exercises. The contributors to this book explore in different legal areas whether quite the contrary is correct. Cultural pluralism might be a distinctive feature of European legal culture. Diversity is not something that is in opposition to, but rather constitutes a new, different understanding of European legal culture. The contributions demonstrate in detail how such an approach inter alia in the areas of private, corporate, administrative and constitutional law furthers understanding of a developing European legal culture, how it offers theoretical and doctrinal insights, and how it adds critical perspective.

Regulation No 1346/2000 of 29 May 2000 (EIR) has become the cornerstone of European insolvency law. The Regulation, which is directly applicable in all Member States, forms the instrument for cross-border collective insolvencies in the European Union. Paving the way for a new European insolvency law, the Heidelberg-Vienna-Luxembourg Report carries out a comprehensive legal and empirical examination of the insolvency laws and the insolvency practices in the Members States. Based on thorough ananlyses the reporters evaluate the Regulation and provide recommendations for its revision.

European Union Law

Säcker / Montag

European State Aid Law – Commentary–

C.H. Beck . Hart . Nomos

The EU Charter of Fundamental Rights

European State Aid Law

A Commentary

– Commentary –

Edited by Prof. Steve Peers, Prof. Tamara Hervey, Prof. Jeff Kenner and Prof. Angela Ward

Edited by Prof. Dr. Dr. Dr. h.c. Franz Jürgen Säcker and Dr. Frank Montag

2014, approx. 800 pp., hc., approx. € 170.00 ISBN 978-3-8487-0472-9

2013, approx. 800 pp., hc., approx. 300.00 € ISBN 978-3-8329-7389-6

Published approx. February 2014

Published approx. December 2013

This commentary on the Charter of Fundamental Rights of the European Union, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of the how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each Commentator offers an expert vies of how each article is either being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six crosscutting introductory chapters explain the Charter’s institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanism, extraterritorial scope, and the all-important ‘Explanations’.

The regulation of state aid belongs to the core areas of European Union law. Without the general prohibition of state subsidies to undertakings competitiveness would be distorted and the benefits of the internal market would be put in jeopardy. This book deals systematically article-by-article with the basic principles, the proceedings, and the implementation of state aid law as laid down in Articles 107 to 109 TFEU, as well as the general block exemptions regulation (Regulation No. 800/2008) and the Council Regulation (EC) No. 659/1999 laying down detailed rules for the application of Art. 93 TEC. Further, this commentary deals in detail with the rules regulating state aid in specific sectors such as telecommunication, postal services, broadcast and television, energy/coal, banking, railroads, road transport, shipping, air traffic/airports, automotive industry, shipbuilding, steel, housing, agriculture, fishery, culture/tourism/sport, health.

EUROPEAN UNION LAW

Wägenbaur

Court of Justice of the EU – Commentary on Statute and Rules of Procedure –

C.H. Beck . Hart . Nomos

European Labour Law

Court of Justice of the EU

By Prof. Dr. Gregor Thüsing

– Commentary on Statute and Rules of Procedure –

2013, approx. 230 pp., approx. € 79.00 ISBN 978-3-8487-0297-8

By Bertrand P. Wägenbaur

Published approx. December 2013

2013, 921 pp., hc., € 199.00 ISBN 978-3-8329-7272-1

In the beginning Labour Law and Social Security Law were of little significance in the development of European Law. They only played a very minor role in the founding Treaties of the European Communities as their aim was primarily to harmonise economic, not social conditions. 50 years after the Rome Treaties the situation is completely different: There is more and more awareness that the only way to further develop European Law and the European Union as a whole is by not only getting rid of competitive constraints but also by making the citizens of Europe aware of its social dimension.

This Commentary provides for an in-depth insight into the procedural rules of the EU Courts in Luxembourg. The substantive aspects of the legal remedies at the Court of Justice, the General Court and the Civil Service Tribunal, are laid down in the Treaty on the Functioning of the European Union while the procedural aspects are scattered over the Statute of the Court of Justice, the Rules of Procedure of the three jurisdictions, as well as the derived “Instructions“, “Practice Directions“ etc.

Thus now is a good time for an outline of European Labour Law. This textbook was written mainly with students in mind that are specialising in Labour Law but it also gives practising labour lawyers an overview of the most important regulations and judgement issues.

This commentary takes account of the new Rules of Procedure of the Court of Justice of 25 September 2012; it comments upon European procedural rules, article by article, including the amendments to the Statute and the recast rules of procedure of the Court of Justice. It thus enables the reader to access easily any rule governing the procedure before the EU Courts. This book covers the abundant case-law and addresses academic questions, as well as a multitude of practical issues in order to provide a comprehensive and also critical analysis of the various rules of procedure.

European Union Law

Schriftenreihe Europäisches Recht, Politik und Wirtschaft

Jürgen Schwarze (Hrsg.)

Jürgen Schwarze

Das Verhältnis von nationalem Recht und Europarecht im Wandel der Zeit

Band I

Band II

Nomos

Das Verhältnis von nationalem Recht und Europarecht im Wandel der Zeit

Band I

Band II

Edited by Prof. Dr. Dr. h.c. Jürgen Schwarze

By Prof. Dr. Dr. h.c. Jürgen Schwarze

2012, 361 pp., hc., € 89.00 ISBN 978-3-8329-7446-6

2013, 213 pp., hc., € 54.00 ISBN 978-3-8329-7470-1

(Schriftenreihe Europäisches Recht, Politik und Wirtschaft, Bd. 366)

(Schriftenreihe Europäisches Recht, Politik und Wirtschaft, Bd. 367)

Since the beginning of the European Integration process the relation of national and European Law has been a basic problem. In order to sketch a most accurate picture of how this relationship between national and European law is evaluated today, 25 German and foreign researchers have lectured from varying view points on just that key subject at a conference held in Freiburg, Germany, in May 2011. The results are presented in this volume to make them accessible to a broader public. Published in German.

The second volume shows that although approval of the precedence of European Union Law over national law in the EU is in principal given, different boundaries towards EU Law are drawn from a national perspective. The study discusses different solutions for this friction whilst incorporating strategies of various policy areas. Published in German.

European Union Law

Schriften zum Religionsrecht

Christian Walter/Antje von Ungern-Sternberg (eds.)

Transformation of Church and State Relations in Great Britain and Germany

Nomos

IUS EUROPAEUM 55 Eckhard Pache | Kyrill-A. Schwarz | Olaf Sosnitza

Current legal issues concerning tobacco regulation in Europe

Nomos

Transformation of Church and State Relations in Great Britain and Germany

Current legal issues concerning tobacco regulation in Europe

Edited by Prof. Dr. Christian Walter and Dr. Antje von Ungern-Sternberg, M.A.

Edited by Prof. Dr. Eckhard Pache, Prof. Dr. KyrillA. Schwarz and Prof. Dr. Olaf Sosnitza

2013, 251 pp., pb., € 66.00 ISBN 978-3-8329-7862-4

2013, 152 pp., pb., € 56.00 ISBN 978-3-8487-0194-0

(Schriften zum Religionsrecht, Bd. 4)

(IUS EUROPAEUM, Bd. 55)

How do traditional church and state relations, developed within Christian legal orders, respond to Muslim immigration and religious diversification? This question is treated from a comparative perspective, focusing on Great Britain and Germany, in the contributions of this collection. After looking at the history of establishment and disestablishment in Great Britain and Scandinavia, the contributions cover specific aspects such as the individual’s legal protection in religious courts, employment disputes, church autonomy, the role of religious communities in public life and the legal status of Muslim communities in particular. Some of the contributions also show how the relationship is influenced by the European Convention on Human Rights. The volume is the result of a research project by the editors forming part of the Cluster of Excellency “Religion and Politics” of the University of Münster, Germany.

The study addresses different aspects of current legal questions posed by the planned revision of the EU Tobacco Products Directive. The upcoming revision and the planned tightening up of the EU rules on the characteristics of tobacco products, placing restrictions on access to tobacco products, and increasing the deterrent effect of tobacco packaging design, clearly evoke numerous legal problems. Three essays draw on expert opinions provided originally by the editors for the British American Tobacco GmbH.

European Union Law

Das soft law der europäischen Organisationen – The Soft Law of European Organisations – La soft law des organisations européennes Edited by Prof. Dr. Julia Iliopoulos-Strangas and Prof. Dr. Jean-François Flauss † 2012, 427 pp., pb., € 74.00 ISBN 978-3-8329-7558-6 (Societas Iuris Publici Europaei (SIPE), Bd. 7) The term „soft law” is used for non-formal legally binding agreements, declarations of intent, or guidelines. The conference proceedings of the 7th Congress of Societas Iuris Publici Europaei (SIPE) discuss the complex and complicated questions of the term’s validity and scope within the realm of European organizations. Published in German.

Constitutional Justice in Southeast Europe Constitutional Courts in Kosovo, Serbia, Albania and Hungary between Ordinary Judiciaries and the European Court of Human Rights Edited by Prof. Dr. Enver Hasani, Prof. Dr. Péter Paczolay, and Michael Riegner 2012, 194 pp., pb., € 49.00 ISBN 978-3-8329-7701-6 The collection offers a comparative analysis of constitutional justice in Southeast Europe and its place in the common European legal space. The nine authors focus on the relationship of selected constitutional courts to ordinary judiciaries and to the European Court of Human Rights, and thus highlight general patterns of constitutionalization and Europeanization.

Die Krise demokratisch überwinden. A Democratic Solution to the Crisis Reformansätze für eine demokratisch fundierte Wirtschafts- und Finanzverfassung Europas. Reform Steps towards a Democratically Based Economic and Financial Constitution for Europe By Prof. Dr. Dr. h.c. Ingolf Pernice, Dr. Mattias Wendel, Maîtr. en droit (Paris 1), Lars S. Otto, LLM (LSE), Kristin Bettge, MLE, Martin Mlynarski and Michael Schwarz 2012, 150 pp., pb., € 38.00 ISBN 978-3-8329-7897-6 (Schriftenreihe Europäisches Verfassungsrecht, Bd. 37) Emerging from a survery presented at the European Parliament in June 2012 this study proposes steps towards a reform of the Economic and Financial Constitution of the European Union. On the basis of constitutional theory analyses democratic mechanisms for overcoming the financial crisis positively are proposed and considered with respect to European and German constitutional law. At the centre of the fiscal pillar of the Economic and Monetary Union a reformed deficit procedure (Article 126 TFEU) is discussed. A more prominent role for the European Parliament (such as the final say on whether or not there is a deficit) shall provide for greater stability via enhanced political responsibility. In addition, the economic interdependence of the Member States must be respected in the national budgeting procedures. With respect to the economic pillar it is suggested to combine safeguarding national sovereignty and legislation of the EU by aiming at convergence by means of using margins (i.e. minimum and maximum limits) instead of rigid parameters.

EuropEAn union lAw

Encyclopaedia of European Law Volume 5 now available: Europäisches Sektorales Wirtschaftsrecht

www.enzyklopaedie-europarecht.de

Editors: Prof. Dr. Armin Hatje and Prof. Dr. Dr. h.c. mult. Peter-Christian Müller-Graff Chief Editor: Prof. Dr. Jörg Philipp Terhechte

The »Encyclopaedia of European Law-EnzEuR-« presents a comprehensive scientific analysis of the different areas of the entire system of European law, although with specific emphasis on European Union law. It coherently presents the relevant subjects by proceeding from the positive conceptual basis to the specific rules and the inherent general principles of law. Nearly 200 academics and practicing lawyers present the diversity of European law while underlining its coherence and unity. This is a fundamental scientific contribution to the formation of unity in European law in which the system of inner rationality is analyzed in order to serve as conceptual guidance for future development and as a solid orientation for legal practice, economics and politics. All volumes are published in German.

Enzyklopädie Europarecht Complete Edition Unitas Europae | Vol. 1 – 10 approx. 10,000 pp., hc., € 1.250 (complete edition) or approx. € 1.456.00 for single orders, ISBN 978-3-8329-7230-1 Publication of last volume approx at the end of 2014

EuropEAn union lAw (in german language)

NOMOSKOMMENTAR

Jürgen Schwarze (Hrsg.)

EU-Kommentar

birnstiel | bungenberg Heinrich [Hrsg.]

Europäisches Beihilfenrecht

3. Auflage

Nomos

Eu-Kommentar

Europäisches beihilfenrecht

Edited by Prof. Dr. Dr. h.c. Jürgen Schwarze Co-Editors: Prof. Dr. Ulrich Becker, LL.M., Prof. Dr. Armin Hatje and Johann Schoo

Edited by Dr. Alexander Birnstiel, LL.M., Prof. Dr. Marc Bungenberg, LL.M. and Helge Heinrich

3rd edition 2012, 3.019 pp., hc., € 225.00 ISBN 978-3-8329-6329-3

2013, 1.466 pp., hc., € 198.00 ISBN 978-3-8329-5758-2

In this volume the complex provisions of the European Treaties will be explained on highest commentary standard, article by article, and put into context of their genesis that was shaped by many compromises. Whether dealing with established EU Law or new Treaty provisions, Schwarze’s commentary always stands out – precise in its individual argumentation and convincing in its annotations of the entire agreement. The commentary’s signature feature is its high standard of scientific precision that incorporates all requirements of legal practice. Published in German.

The new commentary on European state aid law gives first-hand answers. All important questions on the state aid law will be answered in great detail. Over 60 authors from practice, European and national authorities, and science analyze thoroughly and discuss critically the decision making of the European Commission as well as the judicature of the European Courts, which are most decisive for the state aid law. Published in German.

§§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§§ Bergmann [Hrsg.] §§§§§§§§§§§§§§§§§§§§§§§§§§§

Handlexikon der Europäischen Union 4. Auflage

Nomos

Handlexikon der Europäischen union Edited by Prof. Dr. Jan Bergmann, LL.M. eur 4th revised and enhanced edition 2012, 1.107 pp., hc., € 98.00 ISBN 978-3-8329-6323-1 This encyclopedia features about 1,000 terms and concepts of European law and politics, thus is the ideal tool for practice, science and studies. In this 4th edition all relevant latest events and political developments until May 2011 are incorporated. Published in German.

International Investment Law

Bungenberg / Griebel / Hobe / Reinisch

Studien zum Internationalen Investitionsrecht

Marc Bungenberg/August Reinisch/Christian Tietje (eds.)

International Investment Law

C.H. Beck . Hart . Nomos

EU and Investment Agreements Open Questions and Remaining Challenges

Nomos

International Investment Law

EU and Investment Agreements

Edited by Prof. Dr. Marc Bungenberg, LL.M., Prof. Dr. Jörn Griebel, D.E.S., Prof. Dr. Stephan Hobe, LL.M. and Prof. MMag. Dr. August Reinisch, LL.M.

Open Questions and Remaining Challenges

2013, approx. 2.000 pp., hc., approx. € 298.00 ISBN 978-3-8329-6898-4

2013, 200 pp., pb., € 59.00 ISBN 978-3-8487-0250-3

Published approx. November 2013

(Studien zum Internationalen Investitionsrecht, Bd. 7)

The purpose of the handbook is to provide practitioners and legal scholars with a comprehensive overview and a systematic assessment of the relevant cases and issues in the field of international investment law. The handbook thus aims at giving both a first overview as well as a detailed insight into all aspects of investment law. The handbook provides a thorough legal analysis of arbitral jurisprudence and identifies emerging trends and developments.

The transfer of FDI competence to the EU with the Treaty of Lisbon opened the way for a more coherent EU international investment policy. Nevertheless, questions and challenges that need to be successfully addressed in order to achieve the dynamic EU investment policy desired by the EU treaty-makers are still unresolved. This volume focuses on topical and highly-debated issues including the role of the Member States during the negotiation and conclusion of future EU investment agreements and gives specific attention to the ongoing negotiations with Canada as well as the upcoming ones with China. Furthermore, it discusses the inclusion of investor-state dispute settlement provisions in these agreements as well as the status of national investment insurance systems in the wake of the Treaty of Lisbon.

This book will be of crucial importance to investors, legal practitioners, and scholars. Further, it will answer the call for a comprehensive academic study of crucial developments, such as the increasing role of European Union Law or the rising impact of multilateral approaches on the system of international investment law.

Edited by Prof. Dr. Marc Bungenberg, LL.M. (Lausanne), Prof. MMag. Dr. August Reinisch, LL.M. and Prof. Dr. Christian Tietje, LL.M.

International Investment Law

Schriften zur Europäischen Integration und Internationalen Wirtschaftsordnung

Rainer Hofmann/Christian J. Tams (Eds.)

International Investment Law and Its Others

Nomos

International Investment Law and Its Others Edited by Prof. Dr. Dr. Rainer Hofmann and Prof. Dr. Christian J. Tams 2012, 236 pp., pb., € 59.00 ISBN 978-3-8329-7866-2 (Schriften zur Europäischen Integration und Internationalen Wirtschaftsordnung, Bd. 27) International investment law protects rights of investors, but its application often implicates public interests protected by human rights law, environmental law and/or domestic public law. The interaction between ‘international investment law and its others’ has prompted much debate recently and has revealed a considerable degree of uncertainty. The contributions to the present volume systematically address the most important aspects of the interaction. They show that investment protection can indeed have a negative impact on human rights, environmental law and domestic law. However, the interaction is not a one-way street: international investment law is not sealed off, but increasingly open to arguments based on human rights, environmental law and domestic law. In engaging with these arguments, investment law itself changes: it is not monolithic, but responds to the challenge of ‘its others’.

mEDiCAl lAw AnD EtHiCS

Rüdiger Zuck

The Right of Anthroposophic Medicine

Nomos

informed Consent in Europe

the right of Anthroposophic medicine

Legal, Ethical and Clinical Perspectives

By Prof. Dr. Rüdiger Zuck

By Prof. Dr. Nikolaus Forgó

2012, 206 pp., pb., € 54.00 ISBN 978-3-8329-7902-7

2013, approx. 300 pp., approx. € 120.00 ISBN 978-3-8487-0296-1 Published approx. October 2013 Informed consent is intrinsically connected to a person’s autonomy. Consent is a process to allow the patient (or data subject) to express his wishes and choices in an informed and autonomous way. In order to fulfill its role as a mechanism to protect the patient, it is thus of crucial importance that the informed consent procedure is as concise, precise, clear and personalised as possible. European regulatory documents obliging to obtain informed consent seem to connect the same ethical and legal idea to very different legal requirements. The different legal concepts might boost the tendency that consent is not so much seen as a means to protect the patient’s autonomy but more as a cumbersome procedure needed to shrink liabilities and protect the physician. This book – based on research undertaken in an European project – gives an overview on the concept of informed consent as well as current and upcoming issues of getting, giving and managing informed consent.

The second edition of The Right of Anthroposophic Medicine aims to give consideration to the unabated interest shown by patients in the specific therapeutic approaches which diverge from orthodox medicine. The independent approach of anthroposophic medicine is based on the image of the human being developed by Rudolf Steiner. This image is spelled out in the “Declaration on the rights of anthroposophic medicine” drawn up in 2011 by the Medical Section of the School of Spiritual Science at the Goetheanum in Dornach joined by a legal commentary. The fundamental aim of the present study is to describe the situation in law pertaining to anthroposophic medicine while at the same time setting out its claim to be practiced as a special therapeutic approach. In this context the publication highlights the dual function contained in the German term “Recht” which comprises both the meaning of “law” and of “rights”. It thus describes both the current state of law as well as a claim to rights which arises not just from current law but also serves to fix what anthroposophic medicine wishes to see as being assured with regard to its own autonomy.

PRIVATE EUROPEAN AND INTERNATIONAL LAW

Flohr / Martinek

European Distribution Law – Handbook –

C.H. Beck . Hart . Nomos

European Distribution Law

International Sales Terms

– Handbook –

By Prof. Dr. Patrick Ostendorf

Edited by Prof. Dr. Eckhard Flohr and Prof. Dr. Michael Martinek

2nd edition 2013, approx. 173 pp., hc., approx. € 98.00 ISBN 978-3-8487-0471-2

2014, approx. 1.500 pp., hc., approx. € 300.00 ISBN 978-3-8329-7273-8

Published approx. December 2013

Published April 2014 This handbook covers the European law of distribution, i.e. the law resulting from European primary and secondary legislation in the interpretation of the European courts and the supreme courts of the European Member States, and common principles of European or international distribution law. The national laws of distribution are covered in so far they illustrate the implementation of European law, or when they are of outstanding importance for the distribution practice within the European Community. The focus is on the supranational EU law relevant for distribution and services, constituting the acquis communitaire in the Member States.

An introductory chapter provides an overview of the CISG and the Swiss law, which is the suggested governing law for the sales terms, with regard to legal issues not dealt with by the CISG (i.e. assessment, set-off, limitation periods, validity of the contract etc.) as well as differences in this regard compared to other major jurisdictions (in particular England and the U.S.). Some general points of concern with regard to international sales contracts (e.g. U.S. and European export control regulations, antitrust and competition laws etc.) and best practices regarding the incorporation of the terms into the contract (i.e. battle of forms problem) are also discussed. The main part of the book contains the annotated international sales terms and conditions (inter alia Terms of Payment, Retention of Title, Delivery, Transfer of Risk, Conformity of the Contract Goods and Remedies in Case of Nonconformity, Confidentiality, Limitation of Liability, Termination, Governing Law and Arbitration Clause). The contents of each clause and its effects are discussed in the context of the relevant legislation. Where appropriate, alternatives for the drafting of individual clauses are provided.

Private European and International Law

Schulze (ed.)

Common European Sales Law (CESL) – Commentary –

C.H. Beck . Hart . Nomos

Common European Sales Law (CESL) – Commentary – Edited by Prof. Dr. Dr. h.c. Reiner Schulze 2012, 816 pp., hc., € 189.00 ISBN 978-3-8329-7205-9

The landscape of European Sales Law is rapidly taking shape. In October 2011, the European Commission proposed a Common European Sales Law (CESL) to facilitate cross-border transactions between businesses and between businesses and consumers. It contains a complete sales law and provisions for the supply of digital content and purchase of related services. The Commentary analyses all 202 articles of the CESL, explains their function and doctrinal context and indicates the possible problems of their application. In doing so it offers a critical contribution to the legislative procedure and prepares practising lawyers, legal scholars and students for the use of the new European case law. Each article is dealt with in the same structure: ■■

Function and underlying principles

■■

Systematical context

■■

Analysis and interpretation, including references to potential problems in practice

■■

Criticism and possible improvements

The authors are renowned jurists from numerous European countries and with great experience in European and international contract law.

Public International Law

Grabenwarter

Proelss

European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) – Commentary –

United Nations Convention on the Law of the Sea – Commentary –

C.H. Beck . Hart . Nomos

European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)

United Nations Convention on the Law of the Sea

– Commentary –

Edited by Prof. Dr. Alexander Proelss

By Prof. Dr. Dr. Christoph Grabenwarter

2014, approx. 1.800 pp., hc., approx.€ 300.00 ISBN 978-3-8329-7275-2

2013, approx. 600 pp., hc., approx. € 200.00 ISBN 978-3-8329-7274-5

– Commentary –

Published approx. March 2014

Published approx. October 2013 The European Convention on Human Rights (ECHR) entered into force in 1953 with binding effect on all member states of the Council of Europe. It grants a number of fundamental rights and freedoms such as: right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination. Any person who feels that his or her rights are being violated under the ECHR by the authorities in one of the member states can bring the case to the European Court of Human Rights, established under the Convention. The States are bound by the Court’s decisions. The impact of the Convention will further increase following the accession of the European Union to the Convention. The commentary systematically deals with the Convention, article-by-article, including development, scope, relevant case-law and literature.

The United Nations Convention on the Law of the Sea (UNCLOS) entered into force in 1994. Meanwhile it has been ratified by about 160 states, including all the Member states of the EU and the EU itself. The Convention defines the rights and duties of states with regard to the use of the seas. UNCLOS consolidates customary international law and various Conventions previously adopted by the international community. This Treaty, the most comprehensive ever concluded, is often referred to as “the constitution for the seas”. The Commentary employs a systematic methodology whereby each provision is examined and analysed element by element. The issue of the suitability of the Convention to deal with the challenges facing the modern law of the sea, such as the exploration and exploitation of non-mineral resources or the protection of the marine environment in general, occupies a central editorial focus of this work. The Commentary deals with all the provisions of the Convention article-by-article.

Tams Berster Schiffbauer

Convention on the Prevention and Punishment of the Crime of Genocide

publiC intErnAtionAl lAw

Tams/Berster/Schiffbauer

Convention on the Prevention and Punishment of the Crime of Genocide

Commentary

– Commentary –

C.H. Beck . Hart Nomos

C.H. Beck . Hart . Nomos

Convention on the prevention and punishment of the Crime of genocide Commentary By Prof. Dr. Christian J. Tams, Dr. Lars Berster and Dr. Björn Schiffbauer 2013, approx. 400 pp., hc., approx. € 150.00 ISBN 978-3-8329-7269-1 Published approx. October 2013 The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”) has a special standing in international law, as well as in international politics. For 60 years the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the ‘crime of crimes’. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that ‘genocide is the ultimate form of discrimination’. The Convention has influenced the subsequent development of many different areas of international law. For example, the prohibition against genocide has become a crucial pillar of international criminal law, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia, and the permanent International Criminal Court since the 1990s. In this work the provisions of the Convention are analysed article-by-article, including abundant practice and jurisprudence. Distinct sections on cross-cutting issues of general importance complement the analysis.

Iliopoulos-Strangas/Pereira da Silva/Potacs (eds.)

Der Beitritt der Europäischen Union zur EMRK The Accession of the European Union to the ECHR L'adhésion de l'Union Européenne à la CEDH Die Auswirkung auf den Schutz der Grundrechte in Europa The impact on the protection of fundamental rights in Europe L'impact sur la protection des droits fondamentaux en Europe

Der beitritt der Europäischen union zur EmrK – the Accession of the European union to the ECHr – l’adhésion de l’union Européenne à la CEDH Die Auswirkung auf den Schutz der Grundrechte in Europa – The impact on the protection of fundamental rights in Europe – L’impact sur la protection des droits fondamentaux en Europe Edited by Prof. Dr. Julia Iliopoulos-Strangas, Prof. Vasco Pereira da Silva and Prof. Dr. Michael Potacs 2013, 315 pp., pb., € 59.00 ISBN 978-3-8487-0620-4 (Societas Iuris Publici Europaei (SIPE), Bd. 8) The Societas Iuris Publici Europaei (SIPE) held its Eighth Congress 2011 in Lisbon. The central topic of the Congress was „The Accession of the European Union to the European Convention of Human Rights“. The multi-layered and complicated issues of the EU accession to the ECHR and its importance for the human rights protection in Europe were discussed intensively by experts from both a theoretical and practical background for two days in Lisbon. The present volume puts the revised editions of the presentations together with the contributions presented in the „Workshop of Junior Scholars“, a forum, in which qualified young academics present and discuss their own papers within the theme of the Congress. The contributions are published in the respective language used for each presentation, which may be one of the three „official“ languages of the SIPE, namely English, French and German.

PUBLIC INTERNATIONAL LAW

Schriften des Europa-Instituts der Universität des Saarlandes – Rechtswissenschaft

Christos Gortsos

Fundamentals of Public International Financial Law International Banking Law within the system of Public International Financial Law

Nomos

Fundamentals of Public International Financial Law

Climate Change: International Law and Global Governance

International Banking Law within the system of Public International Financial Law

Volume I: Legal Responses and Global Responsibility

By Prof. Dr. Christos Gortsos

Edited by Prof. Dr. Oliver C. Ruppel, Prof. Dr. Christian Roschmann and Dr. Katharina RuppelSchlichting

2012, 315 pp., hc., € 79.00 ISBN 978-3-8329-7180-9 (Schriften des Europa-Instituts der Universität des Saarlandes – Rechtswissenschaft, Bd. 89) This study is an introduction to public international financial law, with particular emphasis on one of its branches, public international banking law. Its main objective is to analyse the four levels of the adoption and enforcement of public international financial law; to provide an overview of the main sources of this branch of public international economic law; and to analyse in more detail the provisions pertaining to the two main blocks of sources of public international banking law, including the ‘Basel III’ provisions. Aimed at legal practitioners, it also presents elements of the financial system’s functions and infrastructures, as well as a detailed analysis of the objectives behind its regulation.

2013, approx. 1.100 pp., approx. € 138.00 subscription offer (after 31.10.2013 approx € 168.00) ISBN 978-3-8329-7797-9 Published approx. September 2013 Volume II: Policy, Diplomacy and Governance in a Changing Environment 2013, approx. 950 pp., approx. € 138.00 subscription offer (after 31.10.2013 approx € 168.00) ISBN 978-3-8329-7796-2 Published approx. September 2013 The two-volume publication is one of the first attempts to systematically address both international climate change law and global climate change governance. Deals with international law and the multiple regulatory regimes reflecting fragmentation in the absence of a universal climate change regime. International climate change law, global climate governance and diplomacy are interrelated and extremely complex: The study explores these areas from a variety of doctrinal, transdisciplinary and thematic perspectives.

gErmAn CiVil CoDE

§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§ NOMOSKOMMENTAR §§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§§§§§ Schulze | Dörner | Ebert | Hoeren | Kemper §§§§§§§§§§§§§§§§§§§§§§§§§§ Saenger | Schreiber | Schulte-nölke | Staudinger §§§§§§§§§§§§§§§§§§§§§§§§§§

BGB Handkommentar 7. Auflage

Nomos

bürgerliches gesetzbuch

Handkommentar

Gesamtausgabe

By Prof. Dr. Dr. h.c. Reiner Schulze, Prof. Dr. Heinrich Dörner, Prof. Dr. Ina Ebert, Prof. Dr. Thomas Hoeren, Dr. Rainer Kemper, Prof. Dr. Ingo Saenger, Prof. Dr. Klaus Schreiber, Prof. Dr. Hans Schulte-Nölke and Prof. Dr. Ansgar Staudinger

Edited by Prof. Dr. Barbara Dauner-Lieb, Dr. Thomas Heidel and Prof. Dr. Gerhard Ring 2008, 15.878 pp., € 1080.00 ISBN 978-3-8329-3181-0

7th edition 2012, 2.776 pp., hc., € 59.00 ISBN 978-3-8329-6810-6 The updated 7th edition of this reference commentary offers practitioners, judiciary, law clerks, and students a thorough overview of the latest judicature and literature. It includes all amendments of the German Civil Code since the publication of the 6th edition in 2009. Published in German.

Addressing mainly practitioners, this commentary of the German Civil Code offers a wide range of aids and information for day-to-day work. The main focus lies on the presentation of judicature and prevailing opinion. Nonetheless deviating views and trends in judicature or literature are also analyzed to offer a comprehensive overview to the reader. Published in German.

AUTHORS

Authors B Barth, Marcel 5, 7 Becker, Ulrich 23 Benöhr, Iris 4 Bergmann, Jan 23 Berster, Lars 30 Bettge, Kristin 21 Birnstiel, Alexander 23 Black-Branch, Jonathan 3 Böse, Martin 8 Bühler, Dirk 10, 11 Bungenberg, Marc 23, 24

Cole, Mark D. 15 Conrad, Nicole 3 Creutzfeld-Banda, Naomi 4

Dauner-Lieb, Barbara 32 Dörner, Heinrich 32 Drohmann, Dieter 15

Ebert, Ina 32 Eidenmüller, Horst 3

Flauss, Jean-François 21 Flohr, Eckhard 27 Forgó, Nikolaus 26

Gortsos, Christos 31 Gotkin, Joel 13 Götting, Horst-Peter 13 Grabenwarter, Christoph 29 Griebel, Jörn 24

Haedicke,

Maximilian 10 Hasani, Enver 21 Hatje, Armin 23 Heidel, Thomas 32 Heinrich, Helge 23 Heintschel-Heinegg, Bernd von 9 Helleringer, Geneviève 16 Henning-Bodewig, Frauke 11 Hervey, Tamara 17 Hess, Burkhard 16 Hobe, Stephan 24 Hodges, Christopher 4 Hoeren, Thomas 32 Hofmann, Rainer 25

Iliopoulos-Strangas, Julia 21, 30

Kemper, Rainer 32 Kenner, Jeff 17 Kindhäuser, Urs 9 Kindler, Peter 6 Kolasa, Magdalena 12

Lindemann, Lena 8

Martinek, Michael 27 Metzdorf, Jenny 15 Meyer, Frank 8 Mlynarski, Martin 21 Money-Kyrle, Rebecca 5 Montag, Frank 17 Münch, Peter 3

N Neumann, Ulfrid 9

Oberhammer, Paul 16 Ostendorf, Patrick 27 Otto, Lars S. 21

Pache, Eckhard 20 Paczolay, Péter 21 Paeffgen, Hans-Ullrich 9 Peers, Steve 17 Pernice, Ingolf 21 Pfeiffer, Thomas 16 Potacs, Michael 30 Proelss, Alexander 29 Purnhagen, Kai 16

Quintais, João Pedro 14

Reinisch, August 24 Riegner, Michael 21 Riemann, Eva 12 Ring, Gerhard 32 Röder-Hitschke, Heike 13 Roschmann, Christian 31 Roth, Günter H. 6 Ruppel, Oliver C. 31 Ruppel-Schlichting, Katharina 31

Säcker, Franz Jürgen 17 Saenger, Ingo 32 Satzger, Helmut 7, 9 Schiffbauer, Björn 30 Schneider, Anne 8 Schoo, Johann 23 Schreiber, Klaus 32 Schulte-Nölke,

Hans 32 Schulze, Reiner 28, 32 Schütze, Rolf A. 4 Schwarze, Jürgen 19, 23 Schwarz, Kyrill-A. 20 Schwarz, Michael 21 Sieber, Ulrich 9 Silva, Vasco Pereira da 30 Sosnitza, Olaf 20 Spahlinger, Andreas 7 Staudinger, Ansgar 32 Stief, Marco 10, 11

Tams, Christian J. 25, 30 Thüsing, Gregor 18 Tietje, Christian 24 Timmann, Henrik 10 Townsend, Matthew 15

Ungern-Sternberg, Antje von 20

Vall, Michal du 13

Wägenbaur, Bertrand P. 18 Walter, Christian 20 Ward, Angela 17 Wegen, Gerhard 5, 7 Wendel, Mattias 21 Wolff, Reinmar 6

Zuck, Rüdiger 26

The Cutting Edge of Legal Policy

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