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Aircraft Operating Leasing: A Legal and Practical Analysis in the...
by Donal Patrick Hanley

Language

English

Pages

380

Publication Date

March 08, 2017

Product Description
Customer Reviews
<p>Although aircraft leasing is comparatively young as a commercial activity 鈥?less than forty years old in practical terms 鈥?already well over a quarter of the world鈥檚 commercial aircraft fleet is leased. The legal significance of aircraft leasing is, therefore, growing very quickly. Bringing together the laws affecting both air travel and leasing can, however, be challenging. This book is the first to assume this task in a major focused way, thus providing invaluable expert guidance to practitioners handling aircraft lease agreements as well as to legal academics and students.</p><br /><p></p><br /><p>In this second edition, the author examines the aircraft operating lease from both a legal and practical point of view and contextualizes it in light of the latest public and private international air law agreements, case law, statutes, and regulations from a variety of jurisdictions and current literature in the field:</p><br /><p></p><br /><ul><br /><li>鈥?the obligations and rights of each party;</li><br /><li>鈥?failure to meet delivery condition before delivery;</li><br /><li>鈥?standby letters of credit and guarantees;</li><br /><li>鈥?regulatory constraints concerning aircraft registration or foreign remittances;</li><br /><li>鈥?manufacturer鈥檚 warranties;</li><br /><li>鈥?possession and replacement of parts and engines;</li><br /><li>鈥?sub-leasing;</li><br /><li>鈥?damage to the aircraft and other loss to lessor;</li><br /><li>鈥?liability for damage to third parties;</li><br /><li>鈥?safety issues and lessor鈥檚 liability for acts of the airline;</li><br /><li>鈥?the events that will entitle the lessor to terminate the contract and recover its asset;</li><br /><li>鈥?issues pertaining to enforcement of remedies; and</li><br /><li>鈥?governing law.</li><br /></ul><br /><p></p><br /><p>The format broadly follows that of a typical aircraft operating lease. The author flags the principal legal issues to be considered in developing a standard form aircraft operating lease and makes recommendations in that regard. His approach balances the desired commercial outcome with the legal, or more theoretical, mandate to apply the law to disputes that may arise. An immensely useful supplement sets out a real example of a form of aircraft operating lease for a used aircraft, as used by a leading commercial aircraft leasing company. As a detailed examination of each part of the lease with particular reference to the impact on each term of relevant case law, statutes, regulations, and international treaties, this work greatly enhances understanding of the legal and practical aspects of the aircraft operating lease.</p>
Sports Marketing Agreements: Legal, Fiscal and Practical Aspects ...
by Ian S. Blackshaw

Language

English

Pages

537

Publication Date

October 20, 2011

Product Description
Customer Reviews
Sports marketing is not only a global phenomenon, but also a major industry in its own right. This book breaks new ground in that it combines the theory and the practice of sports marketing agreements, which are at the heart of the commercialisation and marketing of sport. A particular feature of this book is the wide-ranging collection of precedents of sports marketing agreements, including, inter alia, sponsorship, merchandising, TV rights and new media, sports image rights and endorsements, event management and corporate hospitality, that are included and are explained and commented on in the text of the book. The book also covers the EU aspects, which are particularly important in this context, especially collective selling, of Sports TV rights and the drafting of the corresponding agreements; as well as the fiscal aspects of sports marketing agreements in general and sports image rights agreements in particular, which need to be taken into account in order to reduce the tax burden on the resulting revenues. With so much money at stake in sports marketing, the book also deals with the important topic of dispute resolution and, again, provides the reader with some useful corresponding clauses for settling disputes by ADR, particularly through the Court of Arbitration for Sport (CAS). As the author remarks in his Preface, the aim of the book is to provide a leading resource for all those engaged in any way in the money-spinning field of sports marketing, combining - as this book uniquely does - both the theory and the practice of drafting, interpreting and enforcing a variety of sports marketing agreements, especially those with an international dimension.
Market Power in EU Antitrust Law
by Luis Ortiz Blanco

Language

English

Pages

369

Publication Date

December 02, 2011

Product Description
Customer Reviews
The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way.<br /><br />Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted.<br /><br />The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.
International Justice After the Cold War: Essays with Application...
by Aleksandar Jokic

Language

English

Pages

408

Publication Date

December 24, 2018

Product Description
Customer Reviews
<P><EM>International Justice After the Cold War: Essays with Applications</EM> considers, analyzes, and evaluates the theoretical and conceptual contributions to the novel multidisciplinary field of "international justice" that emerged in the Post-Cold War, U.S.-dominated, unipolar world. Philosophers have not, for the most part, participated in generating massive production in this field, even though they are uniquely well-suited to the task of scrutinizing the merits of this international justice discourse that is often lacking in its historical, factual, and methodological underpinnings. This volume, aimed at both professionals and the general public, may go some way toward filling this gap by critically examining some key components of the "international justice discourse," such as the nature of contemporary military ethics, challenges to defending the right of collective self-defense, construction of an ethics on international activism, the weaponization of genocide discourse, and challenges to attempts to morally justify claims about economic sanctions and the so-called "just war" theory.</P>
War and the Law of Nations: A General History
by Stephen C. Neff

Language

English

Pages

456

Publication Date

August 04, 2005

Product Description
Customer Reviews
This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.
Energy Law and Regulation in Brazil
by Springer

Language

English

Pages

273

Publication Date

March 22, 2018

Product Description
Customer Reviews
The book presents contributions from Brazilian experts on the regulation of different energy sources. Focusing on describing and discussing the fundamental issues related to the legal regulation of each of the sources that compose Brazil's energy matrix, it also analyzes economic and strategic aspects and identifies the main current problems related to the exploration for and production of each energy source. The book offers a clear and detailed overview of energy law and regulation for policymakers, foreign investors and legal professionals dealing with energy projects in Brazil.<br />
War Crimes, Genocide, and Justice: A Global History
by D. Crowe

Language

English

Pages

513

Publication Date

January 15, 2014

Product Description
Customer Reviews
In this sweeping, definitive work, historian David Crowe offers an unflinching account of the long and troubled history of genocide and war crimes. From ancient atrocities to more recent horrors, he traces their disturbing consistency but also the heroic efforts made to break seemingly intractable patterns of violence and retribution.
Non-International Armed Conflicts in International Law
by Yoram Dinstein

Language

English

Pages

296

Publication Date

August 21, 2014

Product Description
Customer Reviews
This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts (primarily, the Geneva Conventions, Additional Protocol II and the Rome Statute of the International Criminal Court): what they contain and what they omit.
The Concept of Abuse in EU Competition Law: Law and Economic Appr...
by Pinar Akman

Language

English

Pages

377

Publication Date

February 03, 2012

Product Description
Customer Reviews
The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope.<br /><br />The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.
Principles of International Law (Concise Hornbook Series)
by Sean Murphy

Language

English

Pages

699

Publication Date

August 20, 2018

Product Description
Customer Reviews
This fully-updated third edition provides a comprehensive survey of public international law, with useful references throughout to current events, classic and contemporary cases and scholarship. It is designed as a stand-alone text or as a complement to all the major casebooks on the topic. The first part of the book addresses how international law is created, interpreted and enforced; the second part focuses on the interface of international law and national law; and the final part covers key subject matter areas: human rights, injury to aliens, the law of the sea, international environmental law, international criminal law, and the use of force.

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