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Author: Carlos Esplugues Publisher: Springer ISBN: 3319181351 Category : Law Languages : en Pages : 785
Book Description
By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Author: Carlos Esplugues Publisher: Springer ISBN: 3319181351 Category : Law Languages : en Pages : 785
Book Description
By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Author: Denis, Jean-Louis Publisher: Policy Press ISBN: 1447352157 Category : Medical Languages : en Pages : 250
Book Description
Health and legal experts from England and Canada consider the influence of medical doctors on reforms in this comparative study. With reflections on participation since the inception of publicly-funded healthcare systems, they show how the status of doctors affects change.
Author: James D. Herbert Publisher: Cornell University Press ISBN: 1501720775 Category : Art Languages : en Pages : 224
Book Description
This elegant and theoretically informed book, illustrated with forty-five photographs, explores the cultural significance of six exhibitions or new museum installations, all opening in Paris between mid-1937 and early 1938: the commercially oriented world's fair titled L'Exposition Internationale des Art et Techniques; the historical Musée des Monuments Français; the ethnographic Musée de l'Homme; two massive art retrospectives, one sponsored by the state of France and the other by the municipality of Paris; and L'Exposition Internationale du Surréalisme.James D. Herbert capitalizes on the proximity of these disparate exhibits to show how they competed with and yet also complemented one another in visually rendering the full scope of human accomplishment through time and across the globe. In this task, Herbert argues, they both succeeded and failed in interesting and productive ways. He asserts that the exhibitions projected and, in a sense, created (created precisely through the act of projection) the real world that they ostensibly only represented.In fact, Herbert argues, the exhibitions developed a particular sense of French national identity—one that, in managing to be at the same moment both inwardly focused and beneficently expansive, would present a vivid contrast to the growing German nationalism of the Third Reich. His epilogue takes a final look at these issues from the perspective of Jean Cocteau's 1950 film Orphée. A ground-breaking work in cultural history, Paris 1937, with its insightful examination of objects from a variety of fields, is a pioneering text in the field of visual studies.
Author: Emilie Biland Publisher: UBC Press ISBN: 0774866543 Category : Law Languages : en Pages : 318
Book Description
The right to divorce is a symbol of individual liberty and gender equality under the law, but in practice it is anything but equitable. Family Law in Action reveals the persistent class and gender inequalities embedded in the process of separation and its aftermath in Quebec and France. Drawing on empirical research conducted on their respective court and welfare systems, Emilie Biland analyzes how men and women in both places encounter the law and its representatives in ways that affect their personal and professional lives. This rigorous but compassionate study encourages governments to make good on the emancipatory promise enshrined in divorce law.
Author: Alan J. Rocke Publisher: MIT Press ISBN: 9780262264297 Category : Science Languages : en Pages : 468
Book Description
After looking at the early careers of Wurtz's two mentors, Liebig and Jean-Baptiste Dumas, Rocke describes Wurtz's life and career in the politically complex period leading up to 1853. He then discusses the turning point in Wurtz's intellectual life—his conversion to the "reformed chemistry" of Laurent, Gerhardt, and Williamson—and his efforts to persuade his colleagues of the advantages of the new system. In 1869, Adolphe Wurtz (1817-1884) called chemistry "a French science." In fact, however, Wurtz was the most internationalist of French chemists. Born in Strasbourg and educated partly in the laboratory of the great Justus Liebig, he spent his career in Paris, where he devoted himself to introducing German ideas into French scientific circles. His life therefore provides an excellent vehicle for considering the divergent trajectories of French and German chemistry—and, by extension, French and German science—during this crucial period. After looking at the early careers of Wurtz's two mentors, Liebig and Jean-Baptiste Dumas, Rocke describes Wurtz's life and career in the politically complex period leading up to 1853. He then discusses the turning point in Wurtz's intellectual life—his conversion to the "reformed chemistry" of Laurent, Gerhardt, and Williamson—and his efforts (social and political, as well as scientific) to persuade his colleagues of the advantages of the new system. He looks at political patronage, or the lack thereof, and at the insufficient material support from the French government, during the middle decades of the century. From there Rocke goes on to examine the rivalry between Wurtz and Marcellin Berthelot, the debate over atoms versus equivalents, and the reasons for Wurtz's failure to win acceptance for his ideas. The story offers insights into the changing status of science in this period, and helps to explain the eventual course of both French and German chemistry.
Author: Collectif Collectif Publisher: Presses de l'Université Laval ISBN: 2766301860 Category : Computers Languages : en Pages : 392
Book Description
Cet ouvrage vient clôturer deux années de réflexion intensive sur les enjeux à l’intersection entre la justice sociale et les technologies d’IA. Une compréhension de ces impacts sociétaux dépasse alors l’aspect technique pour se concentrer principalement sur le fait social.
Author: Ewoud Hondius Publisher: Springer ISBN: 3319187597 Category : Law Languages : en Pages : 517
Book Description
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
Author: Lisa Greenwald Publisher: U of Nebraska Press ISBN: 1496212037 Category : History Languages : en Pages : 426
Book Description
Daughters of 1968 is the story of French feminism between 1944 and 1981, when feminism played a central political role in the history of France. The key women during this epoch were often leftists committed to a materialist critique of society and were part of a postwar tradition that produced widespread social change, revamping the workplace and laws governing everything from abortion to marriage. The May 1968 events—with their embrace of radical individualism and antiauthoritarianism—triggered a break from the past, and the women’s movement split into two strands. One became universalist and intensely activist, the other particularist and less activist, distancing itself from contemporary feminism. This theoretical debate manifested itself in battles between women and organizations on the streets and in the courts. The history of French feminism is the history of women’s claims to individualism and citizenship that had been granted their male counterparts, at least in principle, in 1789. Yet French women have more often donned the mantle of particularism, advancing their contributions as mothers to prove their worth as citizens, than they have thrown it off, claiming absolute equality. The few exceptions, such as Simone de Beauvoir or the 1970s activists, illustrate the diversity and tensions within French feminism, as France moved from a corporatist and tradition-minded country to one marked by individualism and modernity.
Author: Carlos Esplugues
Author: Carlos Esplugues
Author: Denis, Jean-Louis
Author: Baudouin Dupret
Author: James D. Herbert
Author: Emilie Biland
Author: 
Author: Alan J. Rocke
Author: Collectif Collectif
Author: Ewoud Hondius
Author: Lisa Greenwald