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When the Statute for a European Company enters into force in October 2004, companies will have the opportunity to form an EU-wide organisation that will, in many essential areas of activity, be vested with the authority to transcend the company law of Member States. As this moment approaches, company executives and lawyers are asking many questions about the potential advantages and disadvantages of choosing to become part of this Societas Europeae (SE) that has been on the Community agenda almost from the start. This book has more answers¿clear when they can be categorically expressed, highly illuminating when dealing with the complex issues that still remain¿than any other book designed to elucidate this major new development in European law.

The Statute will afford companies a far greater degree of flexibility and mobility throughout Member States than they have heretofore enjoyed. The authors of this book detail the various forms of incorporation allowed by the Statute, as well as the regulations governing share capital, transfer of registered offices, and company organs and their members. The in-depth analysis of the SE regime goes on to examine the areas in which Member State procedures will remain predominant, such as registration, publication, legal scrutiny, accounting and auditing, winding up, insolvency, and liquidation. The vexed issue of employee involvement is explored in a separate chapter.

The book devotes six of its thirteen chapters to the most obvious business element on which the SE is silent¿the crucial issue of taxation. Extrapolating from a detailed examination of the European tax directives and related conventions and proposals, the authors convincingly demonstrate that the European Company Statute will necessarily expedite the harmonisation of tax laws among the Member States. In their conclusion, they present a framework for a corporate tax system that they believe is compatible with both the European company and national tax laws.

The European Company Statute will be of immeasurable value to business persons, lawyers, and academics in a number of relevant fields everywhere, as it deals incisively with important matters affecting any company activity in Europe, whatever its origin. It will prove an incomparable guide to informed and rational decision making concerning European business. ... Read more

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`It was [...] an historic moment and certainly one of thefinest moments in the history of the United Nations, when, finally,the Rome Statute creating such a permanent international criminalcourt was adopted on 17 July 1998 at the United Nations Conference inRome, Italy. As I have stated before, this Court will be a gift ofhope to future generations, its creation represents a giant stepforward in the march towards universal human rights and the rule oflaw. It is therefore a fitting way to inaugurate the new millennium.This publication is a collective work by a group of persons closelyassociated with the actual making of the Rome Statute. It covers thesubstantive and procedural issues raised during the preparatory stagesas well as the Conference. These active participants in the Conferenceprovide an account of the main contentions on each of the key issues,the divergent approaches put forward by the principal proponents, howdifferences were resolved, how groups of articles were prepared, andhow the final text as a whole was assembled. All the authors servedcertain key functions during the Conference, most of them chaired orco-ordinated the work of a committee, a working group or a negotiatingbody, all of which together produced the Statute. Their professionalaccount of the work of the Conference makes this publication a uniqueresource for States contemplating ratification and preparing nationalimplementation legislation. This book gives the insiders' reportage ofthe negotiations that culminated in this momentous Statute.' From the Foreword by Kofi A. Annan, Secretary-General of theUnited Nations ... Read more

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There is arguably no better source on one of the greatest advances in human rights, the International Criminal Court (ICC).If you are interested in how civil society/NGOs can make be effective; if you care about issues of genocide, crimes against humanity, war crimes; if you have a stake in justice and peace; this well edited book should interest you. ... Read more

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This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes. ... Read more

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This digital document is an article from Houston Journal of International Law, published by Thomson Gale on January 1, 2007. The length of the article is 7028 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: The Alien Torts Statute and the search for energy in difficult political environments.
Author: Edwin L. Gorham
Publication: Houston Journal of International Law (Magazine/Journal)
Date: January 1, 2007
Publisher: Thomson Gale
Volume: 29Issue: 2Page: 289(21)

Distributed by Thomson Gale ... Read more

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The International Tribunal for the Law of the Sea wasestablished under the 1982 United Nations Convention on the Law of theSea as an independent, international judicial body with competence tosettle disputes concerning the interpretation or application of theConvention, pursuant to other international agreements which conferjurisdiction on the Tribunal. The Tribunal is open to States parties,international organizations and other entities as provided for in theConvention or other agreement. The Seabed Disputes Chamber of theTribunal has compulsory jurisdiction with respect to seabed disputesbetween various entities including States Parties, the InternationalSeabed Authority and private corporations and individuals. TheTribunal has special jurisdiction to deal with urgent requests for theprompt release of vessels and crews and for prescribing provisionalmeasures. It also has competence to give advisory opinions. This volume contains a selection of documents that are basic to thework of the Tribunal in parallel presentation in English and French.It reproduces the Statute of the Tribunal, the Rules of the Tribunal,the Resolution on the internal judicial practice and the Guidelinesconcerning the preparation of cases. It also contains the 1982 UnitedNations Convention on the Law of the Sea, the Agreement relating tothe Implementation of Part XI of the Convention on the Law of the Seaand the Agreement on the Privileges of the Tribunal. Le Tribunal international du droit de la mer, institue par laConvention des Nations Unies sur le droit de la mer de 1982, est unorganisme judiciaire international autonome qui a competencepour regler les differends concernantl'interpretation ou l'application de la Convention, ou ceux quilui sont soumis en vertu de tout accord qui lui conferecompetence en la matiere. Le Tribunal est ouvert auxEtats Parties, aux organisations internationales et a d'autresentites, conformement aux dispositions pertinentes de laConvention ou d'autres accords. La Chambre pour le reglementdes differends relatifs aux fonds marins a competanceobligatoire pour les differends portant sur le fonds marins etqui mettent en cause diverses entites, telles que des EtatsParties a la Convention, l'Autorite internationale desfonds marins et des entreprises ou des personnes privees. LeTribunal est dote d'une competence speciale pourconnaitre des demandes de prompte mainlevee del'immobilisation de navires et de prompte liberation de leurs--quipages, ainsi que des demandes en prescription de mesuresconservatoires. Il est egalement habilite adonner des avis consultatifs. Ce volume contient un ensemble de documents de base du Tribunal enlangues anglaise et francaise, presentes dans uneedition bilingue. Il s'agit du Statut du Tribunal, duReglement du Tribunal, de la Resolution sur la pratiqueen matiere judiciaire et des Lignes directrices concernant lapreparation et la presentation des affaires. Le volumecontient en outre le texte de la Convention des Nations Unies sur ledroit de la mer de 1982, l'Accord relatif a la mise en oeuvrede la Partie XI de la Convention sur le droit de la mer et l'Accordsur les privileges et immunites du Tribunal. ... Read more

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Designed specifically for students, Blackstone's Statutes leads the market in providing a carefully selected, regularly updated, and well sourced resources for law students collection of legislation for the core subjects and major options offered on the law syllabus.

Each title is ideal for use throughout the course and in exams providing the student with:



·Unparalleled coverage


·Unannotated primary and secondary legislation


·Detailed tables of content to aid quick and efficient research


·Up-to-date and relevant material

Online Resource Centre



·Updates


·Web links


... Read more

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Blackstone's Statutes on Public Law and Human Rights
The book meets my expectations.It is one of the recommended text for my studies in the LLB programme with London University. I was very thrilled to have received the book less than 40 hours from order. Keep up the good work. I will order most of my texts from Amazon.com.

Ignatius Evans
St. Lucia ... Read more

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These volumes offer an opportunity to revisit the whole of international criminal law. It appraises the contribution made to international criminal law by post-World War II national criminal courts and tribunals, and it makes a critical assessment of the Rome Statute as a viable working tool for international criminal justice. ... Read more

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Within the next decade, 100,000 Chinese class actionplaintiffs, organized by New York trial lawyers, could sue GeneralMotors, Toyota, General Electric, Mitsubishi, and a host of otherblue-chip corporations in a US federal court for abetting China’sdenial of political rights, for observing China’s restrictions ontrade unions, and for impairing the Chinese environment.Theseplaintiffs might claim actual damages of $6 billion and punitivedamages of $20 billion. Similar blockbuster cases are already workingtheir way through federal and state court systems.

How could this nightmare scenario become a reality? Because of alittle-known, one sentence law enacted in 1789— the Alien TortStatute (ATS): "The district courts shall have original jurisdictionof any civil action by an alien for a tort only, committed inviolation of the law of nations or a treaty of the United States."

In this analysis, Hufbauer and Mitrokostas examine the chilling impact the ATS could have on trade and foreign direct investment.They trace its history from the original intent to recent court interpretations, including a look at class-action suits over asbestos and apartheid. They provide an economic picture of the potential scope of ATS litigation, cite the possible collateral damage, and review the impact that ATS rulings could have on global relations. The authors recommend measures Congress should take to limit expansive court interpretations.The study is a must-read for policymakers, international lawyers, and students. ... Read more

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Compiled in response to student need, Core Treaties on European and International Human Rights is designed to provide essential materials in an easily navigable format at a value-for-money price. ... Read more

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The principles ofNigerian law of succession and the statutes backing them are presented in practical language; and includes an extensive number of case studies. Among the topics covered are legitimacy, legitimation and rights of inheritance; intestate succession (non-customary); testate succession (wills); succession under customary law; and administration of estates.Itse Sagay is a Senior Advocate of Nigeria and was previously a professor of law and Dean of the Faculty of Law at the University of Benin. He is currently in private practice, and a consultant to numerous local and international clients. ... Read more

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Designed specifically for UK students, Blackstone's Statutes lead the market in providing a carefully selected, regularly updated, and well sourced collection of legislation for the core subjects and major options offered on the law syllabus. ... Read more

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Labour, industrial relations and HRM specialists in Europe and elsewhere will watch with great interest the course of developments growing out of the pending EC directive on information and consultation rights of employees. Taken in conjunction with the European Works Council Directive and the European Company Statute, this directive tries to strengthen a growing spirit of cooperation between employees and employers.

Here now is a timely and detailed new book that sets the scene with in-depth analysis, legislative history, and documentation of the interwoven genesis of these three crucially important labour law initiatives and their impact on industrial relations and HRM.

Questions central to both the legislative debate and to this book include:

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For scholars studying this slow but crucial development in the international law of war crimes, crimes against humanity, and genocide, here is the essential documentary history: the draft statutes of 1951, 1953, 1981, and 1994, along with various related reports, the 1998 Statute, and commentary by Professor Bassiouni, who chaired the Drafting Committee of the 1998 Statute. ... Read more

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This text focuses on the Statute of the International Criminal Court, gathering contributions by scholars and diplomats attending the 1999 Trento Conference in Rome. It examines the main features of the Statute, highlighting its strengths and weaknesses, the role of the ICC in the international protection of human rights and the impact of the ICC Statute on the international criminal justice system. There is also an evaluation of the prospect for the functioning of the ICC in the future. ... Read more

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The revised version of the Swiss Federal Statute on DebtEnforcement and Bankruptcy (SchKG) of 11th April 1889, came into forceon 1st January 1997. This statute is the principal source of rules oninsolvency in Switzerland. The revision represents a considerableamendment. The statutory text exists in official German, French, andItalian versions. This book offers an English translation of the 350articles and the provisions of penal law referred to in the Statute.The book also features+a concise outline ofdebt enforcement procedures against natural persons and legal entitiesand +an English translation of Articles 166 to 175 of theFederal Statute on Private International Law of 18th December 1987relating to the recognition in Switzerland of foreign bankruptcydecrees and arrangements with creditors. Swiss and non-Swisspractitioners and scholars will find this a useful resource inunderstanding and applying this wholly altered law. ... Read more

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Originally published in 1877.This volume from the Cornell University Library's print collections was scanned on an APT BookScan and converted to JPG 2000 format by Kirtas Technologies.All titles scanned cover to cover and pages may include marks notations and other marginalia present in the original volume. ... Read more

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"The Alien Torts Statute" describes the international substantive and procedural rules on extra-territorial jurisdiction for torts which are also violations of international law. It examines the ATS and Torture Victims Protection Act in depth, as well as considering homologous foreign laws which likewise grant victims of torts in violation of the law of nations. This book also considers the possible use of the Racketeering Influenced and Corrupt Organizations Act as a remedy for extraterritorial violations of basic human rights. Ancillary legislation such as the Foreign Corrupt Practices Act is also considered. The work thus serves as a reference and potential source for plaintiff's arguments and defences. It includes a detailed catalogue of the procedural obstacles which courts impose on litigants to avoid frivolous lawsuits and details how plaintiffs may meet such obstacles. ... Read more