Böcker utgivna av Eleven International Publishing

Author Katharina Boele-Woelki reports on her many years of teaching comparative law. This volume is addressed to (young) academics teaching comparative law and to all those interested in the questions of what, when, who, why and how. Three aspects need to be considered. In terms of the subject matter, the challenge is to focus either on the history and use of comparative law, on introductions to different legal systems, on teaching a particular area of law from a comparative perspective, or on comparative methodology. The latter should always be included, since it is only by knowing how to compare that a course in comparative law can develop its potential with lasting impact on students' future careers as legal scholars, lawyers or decision-makers. The expertise of the lecturer, the time available and the target group determine the environment which requires forethought and a flexible approach to course content and teaching format. With regard to the way in which comparative law is taught, four different methods are explained, based on the motto "learning by doing" explaining one's own jurisdiction to fellow-students, comparing on the basis of pre-selected material, comparing of comparative legal studies carried out by others and, finally, undertaking a comparative legal study by the students themselves. About the author: Katharina Boele-Woelki is Chair of the Commission on European Family Law and a member of the Curatorium of the Hague Academy of International Law. She was Professor of Private International Law, Comparative Law and Family Law at the University of Utrecht from 1995 to 2015, President of Bucerius Law School, Hamburg, from 2015 to 2023, Claussen-Simon Foundation Professor of Comparative Law at the same institution and President of the International Academy of Comparative Law from 2014 to 2022. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed bookseries that allows researchers an excellent opportunity to showcase their work.

In 2019, the European Parliament and the Council adopted the Preventive Restructuring Directive (2019/1023), providing for minimum harmonisation of, among others, preventive restructuring frameworks (PRF). This book provides in-depth analyses of its implementation in seven European countries: Austria, Denmark, France, Germany, Greece, The Netherlands, and the United Kingdom. Whereas Member States of the European Union were under a duty to complete implementation by July 2022, the United Kingdom took inspiration from it when voluntarily introducing reforms to its restructuring regime. This book covers detailed analyses of the new or reformed PRFs across Europe, including the objective and scope of a PRF, the criteria/test to enter a PRF, the involved actors, the possibilities for a stay, the plan, the possibilities for a debt-for-equity swap, the effects of a PRF on executory contracts and jurisdiction and recognition of court decisions taken during a PRF. Drawing on the domestic implementations, the book also presents a comparative study evaluating the different policy options implemented by domestic legislators. This book functions as an insightful source for practitioners, academics and policy makers. This book series is published under the aegis of the Leiden Business and Law Research Network (BLRN). This research and expertise network conducts research on the various aspects of doing business in the context of company and insolvency law. BLRN pays particular focus on topics such as corporate governance, corporate sustainability, mergers and acquisitions, and restructuring and insolvency.

This book is a compilation of papers written by research assistants, PhD students, and senior researchers working on the EVICT project, a European Research Council (ERC) Starting Grant project. The papers in this book enrich our conceptual understanding of the right to adequate housing by expanding on the typology of access rights, occupancy rights, and exit rights to housing. The authors traverse a diverse array of topics, shedding light on pressing issues such as housing shortages, challenges faced by students and minority groups in search of a home, the intricate link between domestic violence and homelessness, the dynamics of the black housing market, the criminalisation of homelessness, evictions, and the relationship between the right to housing and other human rights, such as the right to privacy and the right to property. The papers focus on a broad range of jurisdictions, such as France, Romania, Sweden, Turkey, the Netherlands, Bulgaria, Spain, the United States, and Azerbaijan. Navigating the Right to Housing is the fi fth volume in a series that aims to examine the various aspects of housing law from different academic and professional perspectives.

Procedural agreements hold the potential to effectively customise and expedite civil proceedings. However, their impact on access to justice, particularly for weaker litigants, and the potential erosion of the court's role raise significant concerns. Despite the growing acceptance of procedural contracts, it is still unclear how courts should interpret and when they should enforce these agreements. This book delves into the critical examination of choice-of-court, evidentiary, costs, appeal, and alternative dispute resolution agreements, offering a discussion on the boundaries between procedural and contract law. It interrogates the entanglements between procedural agreements, flexible procedural rules, case management, and the increasing complexity of litigated cases. Additionally, it examines the interrelations between procedural contracts and current trends in civil litigation, including the obligation of European courts to safeguard consumers against unfair terms and the emergence of international commercial courts. The book provides valuable insights on procedural agreements for both academics and practitioners, illuminating the dynamics of 'contractualisation', 'flexibilisation', 'diversification', and 'arbitralisation' of civil litigation.

This volume contains the proceedings of the 65th Colloquium on the Law of Outer Space held in September 2022, as well as the report of the IISL Standing Committee on the Status of International Agreements Relating to Activities in Outer Space.

Nation-states turn themselves to 'the law' to limit the presence of migrants without a legal status on their territory. Yet, they encounter several limitations that hinder them to make these migrants (forcedly) leave the country. Moreover, these migrants see themselves confronted with undesirable living conditions because of the law. This raises questions on the functioning of the law for unauthorized migrants. Unravelling unauthorized migrants' legal consciousness processes offers answers to the intriguing puzzle of how law matters to these migrants and how this is of concern for the law. Drawing on multi-sited ethnographic fieldwork among 105 (former) unauthorized migrants in the Netherlands, Surinam and Nigeria as well as participant observations in the Dutch immigration system, the study vividly portrays unauthorized migrants' legal consciousness processes over time. By doing so, it gives these people a voice in the migration debate and sheds new light on the powerful and powerless functioning of the law in this domain. By combining insights from anthropology, border criminology and socio-legal studies, the book exposes the legal, moral and instrumental limitations of the current use of the law towards unauthorized migrants.

Research Methods for Empirical Legal Studies gives an overview of methods for empirical legal research. It begins with general methodological issues, such as reliability and validity as well as research ethics. Subsequently, the book discusses data collection: sampling, interviewing, observation and survey instruments, and research design. Then, data analysis methods are introduced, for qualitative as well as quantitative data. In separate chapters, statistical testing and multivariate analysis are explained. Each chapter ends with questions on key issues. Using a minimum of formulas, the text gives numerous examples to facilitate comprehension of the various methodologies. A final chapter showcases three worked examples on labour law, liability law and sentencing, that together cover the scope of qualitative and quantitative research methods for empirical legal studies. Catrien Bijleveld is a research methodologist and a lawyer. She is professor of Research Methods in Empirical Legal Studies and Criminology at Vrije Universiteit Amsterdam.

Toolkit Mediation is the practical guide for mediators, providing practical tools, useful models, and checklists for mediators in practice and is applicable to all styles and methods of mediation. It is a manual for how mediation can be used by various professionals for their own purposes. Managers, mediators, negotiators, trainers, coaches, consultants, lawyers, judges and other professionals can all benefit from using mediation techniques. This practical handbook contains an overview of the treasure trove of tools a mediator has at his disposal and is written to offer a clear guide on how to "technically" apply these tools. In particular, it includes comprehensive and easy-to-use practical checklists and overviews. This publication is a vital guide for anyone involved in a (potential) dispute, or engaged in a negotiation. Mediation techniques can be used to shape the result of a negotiation favorably. A mediator can also learn how to apply other techniques from negotiation theories, for example more directive or less neutral interventions. A manager cannot afford to ignore modern conflict management in his work. A coach, consultant or (psycho) therapist can apply mediation techniques in interactions with clients, though the objectives for using these techniques differ depending per profession. A mediator is a neutral and independent third party who assists others in resolving their disputes while a negotiator is always involved as a party and therefore uses mediation techniques to improve their own outcome. Moreover, negotiation does not necessarily imply conflict. A manager can be involved in a dispute as a party, but can also be consulted to act as an intermediary by others who are engaged in a dispute. A coach, consultant or therapist quite often deals with just one party instead of two. For mediators, this book can contribute to further improve professionalism. A mediator can utilize many different interventions and techniques to control the mediation process. In practice, however, most mediators primarily use their own set of preferred tools. During an actual mediation, attention is divided between choosing what interventions should be used (or not to intervene at all) on the one hand, and managing the process on the other hand. Also, in most mediation trainings the focus is especially on the process aspect: what should be done in what phase of the mediation? The indepth technical aspect of the interventions often receives less attention. This book is written to close this gap. Because of its focus on specific and practical knowhow this publication is suitable for both practitioners and scholars. Manon Schonewille is an internationally recognized Business Mediator, who has been actively mediating since 1996 in a wide range of business and workplace-related conflicts, especially in an international context and intercultural settings. She is a director of the International Mediation Institute (IMI) and chair of the Task Force Mediation Advocacy. Manon is also a partner in the internationally recognized training institute 'The Academy of Legal Mediation' (part of Toolkit Company) and a co-founder of 'Mundi Mediatores', both based in the Netherlands. For more information: https: //www.manonschonewille.nl/author

With an ageing population, the number of people with dementia is expected to increase in the coming decades. Dementia can seriously impair a person's ability to act and decide. In the Netherlands, adults can provide for such a future period of incapacity through a so-called levenstestament. A levenstestament can include the appointment of an attorney for financial, medical and/or personal matters, but also the adult's wishes, preferences and instructions regarding these matters. Over the past decade, the levenstestament has become increasingly popular in the Netherlands. A major concern, however, is that the levenstestament becomes active at a time when adults will generally be increasingly unable to supervise the execution of the levenstestament and indicate whether they are satisfied with the actions of their attorney. This book provides a thorough analysis of the current regulation and application of the levenstestament based on legal-normative and empirical research. Based on comparative law research, recommendations have been formulated to improve the regulation of the levenstestament and address problems that arise in practice. The Family & Law series broadly focuses on the debate between theory and practice in the field of Family Law. The exchange of knowledge with other disciplines, such as the Social Science, plays an important role. This series is composed of monographs, theses, conference bundles and commentaries. These publications are aimed at lawyers, notaries, judges, academics and officials from the civil registry.

A growing number of mobile individuals, who take advantage of their European freedoms of movement, face a lack of comprehensive pension information. This obstacle can hinder those who need pension information the most in making well-informed retirement decisions, which are crucial given the ongoing importance of a sufficient pension across Europe. This book investigates the fitness of regulatory frameworks at national (Netherlands and Germany), European, and international levels governing the taxation of cross-border statutory, occupational, and personal pensions for effective pension information provision. Where these frameworks fall short, the author explores necessary legal and non-legal interventions to ensure and enhance information effectiveness. The author introduces an innovative multidisciplinary evaluation framework, drawing from behavioural economics, economic psychology, and cognitive psychology concepts. It applies a 'distanced approach', translating findings into the legal domain to enrich legal doctrine while adopting a 'law in action' perspective. This interdisciplinary work also employs an experimental design (randomized controlled trial) to address the common question of 'what will I get?' The research's findings are particularly relevant to various stakeholders, including academia, national governments, EU law and policymakers, policy advisors, pension funds, tax lawyers, pension advisors, and consultants. Its multidisciplinary approach fosters dialogue between the realms of law and policymaking, merging previously isolated areas of academic research. This accessible, cutting-edge study offers practical applications for both academic and practical domains. Sander Kramer serves as an Assistant Professor in Tax Law at the Institute for Transnational and Euregional Cross-Border Cooperation and Mobility (ITEM) and is affiliated with the Department of Tax Law at Maastricht University. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed bookseries that allows researchers an excellent opportunity t0 showcase their work.

Can bankruptcy law offer debt relief to third parties who are not involved in a formal procedure themselves? This question is explored both in relation to guarantees and in relation to mass tort liability and has been a main topic of controversy recently in the US, arising in cases such as Purdue Pharma and the opioid crisis. Taken together, the answer to these questions will be decisive in the future scope of bankruptcy law and its relation to other fields of law. In their reports written for NACIIL, leading US and European scholars guide you through these questions.

Today's global society - with its fast technological developments, unlimited choice, uncertainty and complexity - requires new knowledge, dispositions and abilities from academically educated legal professionals. This challenges academic legal education to reconsider its theoretical foundations, aims, curriculum and pedagogy. This research explores how educators in legal education can contribute to the academic development of law students in contemporary times. A reinterpretation of the 19th century educational ideal of Bildung - which entails critical thinking, creative thinking, ACT responsibility and play and playfulness - is proposed as central to legal education's academic core. This book offers teachers, course and curriculum designers, and policy makers in academic legal education a theoretical foundation as a basis for their educational efforts. Furthermore, it proposes practical models and appropriate instructional interventions for the integration of critical thinking, creative thinking, ACT responsibility and play and playfulness in the everyday practice of legal education. Hedwig van Rossum is assistant professor in Legal Theory at the Law Faculty of the Vrije Universiteit Amsterdam.

At the head of a small but comparatively isolated community, traversing airspaces with various jurisdictions, the aircraft commander must have a defined legal status relating to rights, powers and duties to cope with all issues in international air navigation. This leading personality is responsible for maintaining good order and discipline on board but above all must protect the safety of the aircraft and its occupants during the flight. His or her rights and responsibilities are dealt with in many national laws and regulations. But no matter how substantively applicable such national legislation might be, its effect ends at the national border - and if regulations on the legal position of the aircraft commander should have any practical value, they must also be effective on an international scale. As yet, however, numerous public international law efforts have failed to reach consensus in this matter. In order to promote and encourage further international debate and the adoption of a codified comprehensive Legal Status of the Aircraft Commander, the author provides an in-depth study and evaluation of air law expert discussions, drafts and deliberations. His work will also be highly relevant to the current debate over plans for fully automated flights in the future - for passenger transportation even without an aircraft commander on board.

Emotions such as guilt and shame motivate us to keep our actions in line with normative expectations and are therefore essential in regulating our social and moral lives. Guilt, Shame and Juvenile Delinquency provides a compelling argument for the importance of considering guilt and shame as part of the etiological underpinnings of juvenile delinquency. It presents a comprehensive review of the criminological literature on the relationship between shame, guilt and offending, and it integrates both emotions into a symbolic interactionist theory of delinquency.. The book focuses in particular on the delinquency-inhibiting effects of forward-looking forms of guilt and shame, providing empirically-grounded insights into their gendered nature and social origins.Guilt, Shame and Juvenile Delinquency will provide valuable insights not only for researchers working in the field of juvenile delinquency, but for all social scientists interested in the influence of guilt and shame on normative behaviour.

The Hungarian Yearbook of International Law and European Law comprises a collection of articles written mainly by Hungarian authors, covering developments in the field of international law and EU law, and progress in the domestic implementation and application of these fields of law. The thematic chapter of Vol. 11 (2023) deals with the past, present, and future of Union citizenship, while the Anniversary section is dedicated to the 100th anniversary of the foundation of the International Law Association (ILA) Hungarian Branch. Vol. 11 (2023) contains a special chapter dedicated to the international protection of minorities, which we hope will become a permanent chapter in the Hungarian Yearbook. The Yearbook also contains numerous articles on new developments in European law and international law, Hungarian state practice, case notes and book reviews. The Yearbook offers a comprehensive picture of the state of application and implementation of international law and EU law in Hungary. This publication was supported by Pallas Athéné Domus Meriti Alapítvány.

AI systems have the capacity to act in a way that can generally be considered as 'criminal' by society. Yet, it can be argued that they lack (criminal) agency - and the feeling of it. In the future, however, humans might develop expectations of norm-conforming behavior from machines. Criminal law might not be the right answer for AI-related harm, even though holding AI systems directly liable could be useful - to a certain extent. This book explores the issue of criminal responsibility of AI systems by focusing on whether such legal framework would be needed and feasible. It aims to understand how to deal with the (apparent) conflict between AI and the most classical notions of criminal law. The occurrence of AI is not the first time that criminal law theory has had to deal with new scientific developments. Nevertheless, the debate on criminal liability of AI systems is somewhat different: it is deeply introspective. In other words, discussing the liability of new artificial agents brings about pioneering perspectives on the liability of human agents. As such, this book poses questions that find their answers in one's own beliefs on what is human and what is not, and, ultimately, on what is right and what is wrong. About the Maastricht Law Series: Created in 2018 by Boom Juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series that allows researchers an excellent opportunity to showcase their work.

Prison officers have been described as key determinants of the prison experience for prisoners, yet up until recently this occupational group was largely ignored in academic research. Although society often sees prison officers simply as 'keepers of the keys', the existing research has shown the job to be much more complex. In this book, the author explores an element of the prison officer's job that is still understudied: the existence of ethical dilemmas. In doing so, this book highlights several questions: which ethical dilemmas do prison officers experience? How do they deal with them? Which values are important when dealing with ethical dilemmas? After discovering the answers to these questions, the author designs and evaluates an ethics training course for prison officers, in an attempt to increase their ethical competence, and the way they deal with ethical dilemmas. A second part of the book explores whether this training was successful and what can be learned from its implementation, not only for future training efforts, but also for the prison system in general. Het groene gras ('the green grass') is an academic book series on criminology (including security) that shares knowledge between scholars in The Netherlands and Belgium, offers a platform for young researchers and focuses on (comparative) research that is relevant for The Netherlands and Belgium. The series has a multidisciplinary approach, with a prominent place for criminology in relation to other disciplines. Publications in the series are in Dutch or in English.

In her inaugural lecture of 9 June 2023 Prof. Dr. Franziska Weber delved into the conundrum of sharing others' data: By sharing our personal data we also share - directly and indirectly - information about others. In some situations we are aware of this, in others less so. Weber outlines the social problems this entails with a special focus on negative data externalities. She then illustrates data valuation challenges and presents experimental insights which counter the claim that the sharing individuals are oblivious to the externality they create. She ends with some recommendations on how some fine-tuning of the current legal regime can improve incentives and outcomes on data markets by bringing them more in line with citizens' preferences. It is striking that the General Data Protection Regulation (GDPR) is tailored to individual data subjects and largely neglects the interdependent notion of data. To improve the GDPR a stronger consideration of the other needs to implemented, be it when consenting, in the context of legitimate interests or other data processing grounds. It is, furthermore, desirable to reduce the processing of allegedly anonymous data which falls outside the scope of the GDPR.

This volume is the eighth instalment in the Property Law Perspectives Series. Produced by the Young Property Lawyers' Forum (www.yplf.net), a global network of early career property law scholars, this volume presents the carefully curated highlights of two consecutive conferences held virtually in 2021 and 2022. A broad range of property law topics are covered in this book within the three themes of `Property and Sustainability', `Property and Society in Extraordinary Times', and `Property Law for the Future'. The chapters have been submitted by talented young researchers from jurisdictions around the world including Italy, Peru, and South Africa, with each chapter providing an interesting analysis of an important aspect of property law. This book merits the attention of every student and academic interested in new developments in property scholarship, as well as of legal practitioners looking to place societal developments into a legal context. About the editors: Jill Robbie is Senior Lecturer in Law at the University of Glasgow. She is co-founder of the YPLF and her research interest lies within property law and natural resources. Flore Vavourakis is a PhD Candidate at the KU Leuven Institute for Property Law in Belgium. Her research concentrates on private water law and environmental law from an interdisciplinary perspective. Víðir Smári Petersen is an Associate Professor of Commercial Law at the University of Iceland and an External PhD Candidate at the University of Maastricht. His main research interests are in the field of property law and law of obligations. Víðir also holds positions outside of academia, including being a member of the Housing Complaints Committee, which deals with disputes in the areas of lease law and condominium law. Ivan Allegranti is a PhD Candidate in Civil Law at the University of Camerino in Italy. His primary research interests are related to the right to remain in one's own homeland, particularly triggered by natural hazards. He is a member of several scientific associations, including Finance Watch and YOUNGO - UNFCCC, advocating both within the academic community and among the general public for the birth of an effective legal framework that ensures everyone's right to remain in their own homeland. Aleksa Radonjic is an Assistant Professor at the Union University Law School Belgrade, Serbia where he teaches property law and consumer law. He is currently a Co-Chair of the Board of Advice of the YPLF.

An accident happened in the North Sea and I need a complete overview of the rules regarding oil pollution at sea. I need to draft a legal advice for a financial institution on paperless trade finance. I wish to have the legal rules applicable to copyrights and trademarks at hand during my client's meeting. As a student, I wish to have one compendium in which the most important materials and legal provisions on (International) Commercial Law are gathered. For these and many more examples, one can rely on the Materials on Commercial Law. Indeed, this reader bundles in four volumes the most important materials - even those published by soft-law organisations and not always easy to access by the public - in the eclectic field of commercial law. The reader is user-friendly via its index at the beginning of each Volume. The legislative texts are categorized per legal domain. In short, the reader is indispensable for every student, practitioner, magistrate and in-house counsel active in International Business & Trade.

With a foreword by Bruno Vanobbergen, administrator-general of the Flemish Agency Growing-Up and former Flemish children's rights commissioner. Nowadays, many children have to live with the repercussions of their parents' decision to separate. Following that decision, arrangements on the children's residence and visitation rights with a parent become necessary. These arrangements are often made during a time of emotional tribulation, when children are struggling to find a new balance. Generally, parents turn to the legal system to handle their separation or to manage conflicts that arise. However, these legal proceedings can become very conflictual and although children are directly impacted by the decisions of courts, they are often shielded from the judicial procedure. This results in children not knowing where they can turn to when they face problems. Therefore, child-friendly justice, which safeguards children's needs and implements children's rights, is sorely needed. In this book, the author drafted an evaluation framework with legal and sociopsychological principles to ensure that child custody and contact proceedings are child-friendly. Thereafter, the specific Belgian legal situation and practice is evaluated. Unique insights are gained in the experiences and viewpoints of Flemish family judges and children. The book closes with detailed recommendations and is therefore a must-read for academic scholars, policy makers and professionals who wish to improve children's lives. "This book is a real must read for professionals and policymakers who have taken on the mission to strengthen the (legal) position of children when their parents split up." - Bruno Vanobbergen, administrator-general of the Flemish agency Growing Up and former Flemish children's rights commissioner

Minors can be involved in judicial proceedings of a different Member State when they have - allegedly - committed an offence within the EU. Whereas the EU has developed instruments to facilitate cooperation between Member States in criminal matters, no specific instruments exist to deal with cross-border youth justice cases. This book assesses to what extent it is possible and feasible to develop EU cooperation in youth justice matters. In EU youth justice: The personal scope of EU criminal law and the diversity of youth justice systems, on the one hand the author examines whether youth justice matters fall within the scope of EU judicial cooperation in criminal matters. On the other hand, a thorough legal comparison is carried out between the youth justice systems of Austria, the French Community of Belgium, the Netherlands and Northern Ireland. Their similarities and differences are evaluated in terms of age limits, specialised actors (police officers, public prosecutors, courts, lawyers, support services and detention institutions), and reactions (diversion, non-custodial and custodial reactions). This book is for anyone interested in foreign youth justice systems, children's rights and EU criminal law. With a foreword by Vincent Van Quickenborne, Belgian Minister of justice.

Comparative Constitutional Law Documents contains a compilation of constitutions and fundamental legislative instruments from five Western democracies: the United States, France, Germany, the Netherlands, and the United Kingdom. Furthermore, it provides the text of the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union, the Treaty on European Union, and selected provisions of the Treaty on the Functioning of the European Union. The documents reproduced in this compilation are rendered either in the original, authentic English, or in new translation under critical editorship. Comparative Constitutional Law Documents allows students and interested readers to understand the peculiarities and similarities of different Western constitutional systems in direct comparison. The book is an ideal companion to Constitutions Compared (7th edition, the Hague: Eleven, 2023). For this second edition, instruments contained in this legislation have been comprehensively reviewed and updated, incorporating important amendments and legislative developments, such as, among others, the incisive reform of German electoral law of 2023 and the Calling and Dissolution of Parliament Act 2022 in the United Kingdom.

'Breaking the Bank' assesses whether the EU-wide banking stress test is a good regulatory tool.