The new European rules on bank insolvency seek to prevent future government-funded bailouts. Instead, risks should be internalized by the participants. The rules in the Bank Recovery and Resolution Directive and also the Single Resolution Mechanism seek to mimic the outcome of a normal insolvency procedures, without actually letting a failing institution enter full insolvency procedures. The rules enacted are of critical importance to a healthier and more stable financial sector.

This book pr...

Today humanity uses, on average, the equivalent of 1.6 earths to

provide the resources we use and to absorb our waste. A pathway

to sustainable resource use is the circular economy. This concept

aims at optimising the value of the resources used and to minimise

the amount of resources used. The author addresses the question of

what kind of law we need to realize a circular economy. He argues

that many legal frameworks and rules on the national and the

European level will have to be reconsider...

Climate change is the most important challenge humankind ever faced.

GHG emissions must be reduced at great pace and to a signifi cant extent to keep

global warming below fatal thresholds. This can only be achieved if the obligations

of major players are suffi ciently clear. The Principles on Climate Obligations of

Enterprises’ main focus is on the obligations of enterprises. They identify the

reduction obligations, and articulate a series of related obligations.

The Principles aim to provi...

Logic for Lawyers offers an introduction to logic, tailored to legal practice.

Logic is a basic tool for the legal professional. Law is an argumentative practice and therefore lawyers need to know how to argue. This book discusses the classical topics of logic – schemes of argumentation, syllogisms, fallacies and propositional logic – always with the use of practical legal examples. This book pays special attention to the role

of logic in rhetoric too, as any lawyer would want others to ...

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...

The judge is the holder of a state office in the rule of law. At the same time s/he is an individual with opinions, convictions and preferences. When the judge speaks, it may not always be clear to the outside world who is talking: the state or the individual. An opinion expressed by a judge may also rub off on the judicial office and, vice versa, the power and authority of the judicial office may reflect on the judge’s opinions, giving them special weight. It makes the judge’s speech int...

A literature review is the comprehensive study and interpretation of literature that relates to a particular topic.While legal scholars have increasingly started to emphasize the importance of conducting a systematic literature review prior to embarking on a larger academic research venture, discipline-specific guidelines have been absent until now.

This book fills this gap by offering a step-by-step guide to doing a systematic literature review in legal scholar ship. It first discusses what ...

For some years now, certain EU Member States have been promoting their national courts as the best places to litigate cross-border commercial disputes. This has led to a competition between jurisdictions, which recently has been re-energised by the upcoming withdrawal of the United Kingdom from the EU. This civil justice competition affects, among other things, governments' policies, court organisation, and cross-border litigation strategies.

Building on an interdisciplinary methodology, this...

The Young Property Lawyers Forum is an international network of property law researchers, which has since its inception in 2008 organised seven conferences. Property Law Perspectives V contains a selection of peer reviewed papers presented at the sixth conference of the Young Property Lawyers Forum, which took place at the University of Groningen from 23 to 25 November 2015.

The contributors to this book deal with major challenges facing property law in the 21st century, such as inequality, E...

In this book the authors engage with the interface between the rise of electronic communications and the Convention on Contracts for the International Sale of Goods (CISG). The contributors consider the opportunities, challenges and problems in adapting the CISG to deal with issues arising from the information age.

In revisiting the CISG in light of technological advances that have changed the world since it was drafted, this book collects chapters dealing with the intersection between the C...