European and international Law

European and International Law

nomos Verlagsgesellschaft | Waldseestraße 3-5 | D-76530 Baden-Baden, Germany

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Table of Contents

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ARBITRATION, ADR, LITIgATION 3

EuROPEAN AND INTERNATIONAL CORPORATE LAw 6

EuROPEAN AND INTERNATIONAL CRImINAL LAw 7

EuROPEAN AND INTERNATIONAL CRImINAL LAw (In german Language) 9

EuROPEAN AND INTERNATIONAL IP LAw 10

EuROPEAN uNION LAw 15

EuROPEAN uNION LAw (In german Language) 23

INTERNATIONAL INvESTmENT LAw 24

mEDICAL LAw AND ETHICS 26

PRIvATE EuROPEAN AND INTERNATIONAL LAw 27

PuBLIC INTERNATIONAL LAw 29

gERmAN CIvIL CODE 32

AuTHORS 33

3ArbitrAtion, ADr, litigAtion

international Commercial ArbitrationStandard Clauses and Forms– Commentary –Edited by Prof. Dr. Nicole Conrad, Prof. Dr. Peter Münch and Prof. Dr. Jonathan Black-Branch2013, 913 pp., hc., € 320.00 ISBN 978-3-8487-0145-2

Providing a full range of clauses, forms and docu-ments needed from the beginning of arbitral pro-ceedings right through the issuing of the arbitral award, the handbook is an indispensable working tool for practitioners. It contains insightful com-mentaries and offers insider information and know-how regarding arbitration in specific countries, in-cluding the Asian countries which are becoming important players in the field of international arbi-tration. Written by renowned experts in the field, the handbook will assist practitioners – be they lawyers, counsel or arbitrators – in the practical area of arbitral proceedings. The handbook covers the following countries and arbitration rules: UNCITRAL, ICC, WIPO , VIAC (Austria) , CIETAC (China), DIAC (Dubai), LCIA (England & Wales), DIS (Germany), HKIAC (Hong Kong), ICA (India), Malaysia (KLRCA), SIAC (Singapore), SCC (Sweden), Swiss Rules (Switzerland).

regulatory Competition in Contract law and Dispute resolutionEdited by Prof. Dr. Horst Eidenmüller

2013, 511 pp., hc., . € 150.00 ISBN 978-3-8329-7268-4

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. In order to analyze this development and to develop policy recom-mendations with respect to contract law and dis-pute resolution a conference was held in Munich in October 2011. The conference brought together leading scholars in the field of contract law and dispute resolution both from the US and Europe.

This book compiles revised versions of the various papers and comments produced for that confe-rence.

Conrad/Münch/Black-Branch (Eds.)

Helbing Lichtenhahn VerlagC.H. Beck . Hart . Nomos

International Commercial Arbitration

Standard Clauses and Forms

Commentary

Eidenmüller (Editor)

C.H. Beck . Hart . Nomos

Regulatory Competition in Contract Law and Dispute

Resolution

4

institutional ArbitrationArticle-by-Article CommentaryEdited by Dr. Rolf A. Schütze2013, 1.511 pp., hc., 329,– € ISBN 978-3-8329-7262-2

International arbitration has become the prefer-red dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration where a specialised institution with a permanent organisation provi-des assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences and to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provides a comprehensive article-by-article commentary of rules of arbitration of 14 impor-tant arbitration institutions.

Consumer ADr in EuropeCivil Justice SystemsBy Christopher Hodges, Dr. Iris Benöhr and Dr. Naomi Creutzfeld-Banda2012, 503 pp., hc., € 68.00 ISBN 978-3-8329-7260-8

This is the first systematic comparative study of how consumer ADR systems (usually ombuds-men and médiateurs) work, the differing national architectures within which they operate, and how they can be improved. It describes ADR schemes in France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute re-solution schemes. Use of the techniques of me-diation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts.

The authors’ findings underpin EU and national developments, and outline options for future po-licy. Findings and proposals are included for the functions, scope, performance, essential require-ments, architecture and operation of ADR sys-tems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have major impact on European legal systems.

ArbitrAtion, ADr, litigAtion

Schütze (ed.)


Institutional ArbitrationArticle-by-Article Commentary on

AAACIEDAC

DIAC DIS ICC

ICSID KLRCA

LCIA MKAS

SCC SIAC

Swiss RulesUncitral RulesVienna Rules

5

Collective ActionsA Comparative StudyBy Dr. Rebecca Money-Kyrle2013, approx. 464 pp., hc., approx. € 75.00 ISBN 978-3-8329-7261-5Published approx. December 2013

This is a wide ranging study of collective redress. The procedural rules applicable to collective re-dress ought to filter out cases which do not fulfill certain criteria determined in accordance with the assumed or explicit aims of the mechanisms. Tho-se rules may be regarded as ‚safeguards‘ against abusive litigation or barriers to access to justice. Typical examples include rules restricting rights qualifying for collective redress, admissibility con-trols, restrictions on legal standing and represen-tation, and controls on funding and costs. Whether such rules act as justifiable ‚safeguards‘ or ‚barriers‘ depends on the conceptual model and policy aims adopted in each jurisdiction. Thus, this work has two aims. First, it examines different conceptual models of collective redress. Secondly it undertakes a detailed comparative review of examples of those models to ascertain which ty-pes of safeguards or barriers are incorporated in order to maximise the effectiveness and policy aims. Jurisdictions studied stretch from Latin America, the USA, and Europe, to Asia and Africa. Besides examining generic collective redress me-chanisms, the study takes into account ‚regulato-ry‘ enforcement models such as sector-specific collective procedures in consumer protection, fi-nancial services and securities law, environmental protection, employment law, and fundamental rights.

International Arbitration in GermanyBy Prof. Dr. Gerhard Wegen and Dr. Marcel Barth2014, approx. 300 pp., hc., approx. € 180.00 ISBN 978-3-8329-7263-9Published approx. 2014

The handbook covers the following issues: ■ Legal framework for international arbitrati-

on in Germany ■ Considering arbitration for disputes in

Germany ■ The arbitration agreement ■ The arbitral tribunal ■ The arbitral procedure ■ The arbitral award

■ Settlement

Dr. Gerhard Wegen is a partner at Gleiss Lutz in Stuttgart, and Professor of Law at the University of Tübingen. His practice focuses on corporate law and M&A. He has an outstanding track record advising international clients in all aspects of cross-border M&A projects.

Dr Marcel Barth is managing partner of the Hanover branch of Price Waterhouse Coopers; he is a specialist in corporate law, M&A and restruc-turing.

The authors work for well-known international law firms and are specialists in the company law of their respective countries.

Wegen / Barth


International Arbitration in Germany

ArbItrAtIon, ADr, lItIGAtIon

6

new York Conventionon the Recognition and Enforcement of Foreign Arbitral Awards– Commentary –Edited by Dr. Reinmar Wolff

2013, 677 pp., hc., € 185.00 ISBN 978-3-8329-7264-6

International arbitration not only paves the way for parties to avoid the imponderables of proceedings before foreign state courts. It also facili-tates transnational enforceability of awards which is far more effective than the enforceability of state court judgments. The major instrument to that effect is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (»New York Convention«) of 10 June 1958, in the meantime, ratified by 147 states. The 16 articles of the Convention are dealt with article-by-article, with a clear structure which swiftly guides the reader to the issue he or she is engaged with.

Given the New York Convention‘s global relevance, it follows that the potential »users« of the Con-vention are in need of guidance as to how to app-ly it. The primary target groups are lawyers seeking (or defending against) recognition and enforce-ment of foreign arbitral awards worldwide, state court judges applying the Convention in recogni-tion proceedings, and in-house lawyers in large and/or multinational enterprises dealing with transnational dispute resolution.

the Spirit of Corporate lawCore Principles of Corporate Law in Continental EuropeBy Prof. Dr. Günter H. Roth and Prof. Dr. Peter Kindler2013, approx. 230 pp., hc., approx. € 85.00 ISBN 978-3-8487-0474-3Published approx. October 2013

The book is based on the fact that throughout Europe only a small number of corporations are listed – the reality of corporate law is dominated by small and medium-size enterprises. Therefore legal standards pertaining to control transac-tions or investor protection and other topics of capital market law are not part of the core prin-ciples of corporate law. The question is not how to protect best the interests of shareholders but rather the interests of all parties affected by a firm’s activities, including its creditors and other third parties. The Treaty on the Functioning of the European Union reminds us not to forget that when drawing the attention of the European le-gislator in the field of corporate law and freedom of establishment to directives safeguarding “the protection of the interests of members and others” (art. 50). The book is focusing on the per-spective of key jurisdictions in continental Euro-pe, such as Austria, France, Germany, Italy, Spain, Switzerland, and considering seminal inputs from Belgium, the Netherlands, Portugal and Scandinavian countries.

EuropEAn AnD intErnAtionAl CorporAtE lAw

Wolff (ed.)


New York Conventionon the Recognition and Enforcement

of Foreign Arbitral Awards

– Commentary –

7

Wegen / Barth / Spahlinger


Corporate Laws of the World

– Handbook –

EuropEan and IntErnatIonal CrImInal law

Corporate laws of the worldHandbookEdited by Prof. Dr. Gerhard Wegen, Dr. Andreas Spahlinger and Dr. Marcel Barth

2014, approx. 2.000 pp., hc., approx. € 300.00 ISBN 978-3-8329-7266-0

Published approx. April 2014

This handbook covers the corporate law of about 50 jurisdictions worldwide:Australia | Austria | Belgium | Brazil | Bulgaria | Canada | China | Croatia | Cyprus |Czech Republic | Denmark | European Union | Estonia | Korea | Finland | France | Germany | Greece | Great Britain | Hong Kong | Hungary | India | Ireland | Israel | Italy | Japan | Latvia | Liechtenstein | Luxemburg | Malaysia | Malta | Mexico | Netherlands | Poland | Portugal | Romania | Russian Federation | Serbia | Singapore | Slovakia | Slovenia | Spain | South Africa | Sweden | Switzerland | Turkey | United Arab Emirates | USA (General, California, Delaware, New York)

Each country report will be about 50 pages, following a common structure:

■ Private companies with limited liability ■ Public companies

Regarding the companies the authors, by follow-ing a common questionnaire, cover all the rele-vant issues from foundation till liquidation and winding-up of a company.

International and European Criminal lawBy Prof. Dr. Helmut Satzger2012, 337 pp., pb., € 85.00 ISBN 978-3-8329-7267-7

In the wake of increasing globalisation, criminal law has become an internationalised subject. This new textbook highlights the most important aspects of European and International Criminal Law in order to provide the reader with a compre-hensive, concise and solid introduction to this modern field of law. The text is written in a clear and straightforward language, referring to nu-merous examples, models and charts; it will ap-peal to law students and academics, but also to practitioners new to the subject.

Focus is laid on: ■ Rules determining the exercise of jurisdiction ■ ‘European Criminal Law’ dealing with the

question, if and how far the EU may create or harmonise criminal law

■ Evolution of European Criminal Procedure Law ■ Ne bis in idem-Principle ■ Guarantees under the European Convention

of Human Rights ■ Principles of International Criminal Law ■ Procedures and substantive law of the Inter-

national Criminal Court (ICC)

Satzger


International and European

Criminal Law

8 EuropEAn AnD intErnAtionAl CriminAl lAw

referral of Cases from international to national Criminal JurisdictionsTransferring Cases from the ICTY and the ICTR to National JurisdictionsBy Dr. Lena Lindemann

2013, 300 pp., pb., € 78.00ISBN 978-3-8329-7742-9

(Schriften zum Internationalen und Europäischen Strafrecht, Bd. 3)

The study deals with the so called “Completion Strategy” for the International Criminal Tribunals for Rwanda and the former Yugoslavia which enable these Tribunals to refer cases to national criminal jurisdictions. These referrals raise nu-merous questions regarding international law and criminal procedure law. Published in German.

Confl icts of Jurisdiction in Criminal matters in the European unionVolume I: National Reports and Comparative AnalysisEdited by Prof. Dr. Martin Böse, Prof. Dr. Frank Meyer and Dr. Anne Schneider2013, 466 pp., pb., € 109.00ISBN 978-3-8329-7746-7

In a globalized world, criminal law cases with cross-border elements have become a common phenomenon. The citizen is thus confronted with the criminal law of several states. Due to diff erent criminal policies, some of these might regard his conduct as punishable, while others regard it as unpunishable. It could also happen that criminal proceedings are initiated in diff erent states at the same time.

This study aims at analyzing whether confl icts of jurisdiction between national criminal laws can be avoided or rather settled at an earlier stage by harmonizing the national criminal law and thus restricting the scope of the application of national criminal law. The fi rst volume contains reports from ten EU member states which explain the scope of national criminal law as well as other, also procedural, mechanisms for the settlement of confl icts of jurisdiction.

Conflicts of Jurisdiction in Criminal Matters in the European Union

Martin Böse/Frank Meyer/Anne Schneider (eds.)

Volume I: National Reports and Comparative Analysis

Nomos

Referral of Cases from International to National Criminal Jurisdictions

Lena Lindemann

Transferring Cases from the ICTY and the ICTR to National Jurisdictions

Nomos

Schriften zum Internationalen und Europäischen Strafrecht

3

9

StrafgesetzbuchEdited by Prof. Dr. Dres. h.c. Urs Kindhäuser, Prof. Dr. Dr. h.c. Ulfrid Neumann and Prof. Dr. Hans-Ullrich Paeff gen

4th edition 2013, 7.104 pp., hc., 3 Vol., € 398.00ISBN 978-3-8329-6661-4

The leading article-by-article commentary on the German Penal Code. The well chosen editors and authors of this extraordinary opus refl ect the cur-rent discussions on the criminal code and crimi-nology in Germany from a profound scientifi c perspective. Published in German.

Europäisches StrafrechtEdited by Max-Planck-Institute for Foreign and International Criminal Law in cooperation with Prof. Dr. Dr. h.c. mult. Ulrich Sieber, Prof. Dr. Helmut Satzger und RA Prof. Dr. Bernd von Heintschel-Heinegg2nd edition 2013, approx. 1.000 pp., hc., approx. € 148.00 ISBN 978-3-8487-0059-2Published approx. November 2013

Handbook on European Criminal Law dealing with the infl uences of the European Law on the national criminal law. Useful for legal practi-tioners as well as legal scholars. Published in German.

§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§

Sieber | Satzger v. Heintschel-Heinegg [Hrsg.]

Max-Planck-Institut für ausländisches und internationales Strafrecht

Europäisches Strafrecht

Nomos C.H. Beck

2. Auflage

EuropEAn AnD intErnAtionAl CriminAl lAw (in german language)

10

pharmaceutical, biological and Chemical patentsBy Prof. Dr. Maximilian Haedicke, Dr. Marco Stief and Dr. Dirk Bühler

2014, approx. 250 pp., approx. € 190.00ISBN 978-3-8487-0300-5

Published approx. March 2014

The topic of pharmaceutical, biological and chemi-cal patents is a special matter within European and German patent law. Structural alternations give rise to the question under what circumstances they can be novel and in which cases they are in-cluded in the state of the art. But even if a sub-stance is prior art, a new medical use of it can be patented, as such medical use patents are politi-cally intended to promote medical research.

On the other hand, it is unclear how to deal with natural occurrences of a substance in terms of its accessibility an bioethics.

It must also be understood how diff erent identifi -cations of a substance and the resulting patents interrelate with each other, i.e. how their scopes of protections are defi ned. This is problematic espe-cially because of the absolute substance of protec-tion, which includes all conceivable uses and me-thods.

The past decisions of the ECJ as regards broccoli-and-tomato-patents, as well as embryonic stem cells have highlighted the importance of this fi eld of law.

patent law HandbookEdited by Prof. Dr. Maximilian Haedicke and Dr. Henrik Timmann

2013, approx. 1.000 pp., approx. € 290.00ISBN 978-3-8487-0301-2

Published approx. October 2013

This handbook presents a comprehensive view of substantive patent law in a European and in-ternational context. German patent law is used as an example of a mature patent law regime.

The handbook covers the following subjects: ■ Invention and protectability ■ Patent holder ■ Patent as subject matter in legal

transactions ■ Grant and suspension of patents ■ Interpretation and scope of protection ■ Pharmaceutical, biological and chemical

inventions ■ Patent utilisation ■ Objections ■ Legal consequences of patent infringement ■ Utility models

EuropEAn AnD intErnAtionAl ip lAw

11

International Handbook on Unfair CompetitionEdited by Prof. Dr. Frauke Henning-Bodewig2013, 653 pp., hc., € 239.00 ISBN 978-3-8329-7265-3

In a world of global trade, the “fairness” of com-mercial transactions gains in importance. While most countries agree that in the interest of all market participants competition shall not only be free but also honest, significant differences as to the approach to ensure this fairness prevail. This not only affects interstate trade, but also impairs the interests of competitors and consumers who increasingly deal or buy abroad.

The book discusses the “Acquis” in unfair compe-tition law on an International and Regional level, as well as the national approach of more than 20 countries to the regulation of marketing and ad-vertising, of protection for competitors against passing-off and discrediting, and of special rules for consumers etc. It not only offers insights to business and lawyers dealing abroad, but also forms the basis for the development of uniform standards worldwide regarding the commercial fairness of business practices.

Supplementary Protection Certificates (SPC)HandbookBy Dr. Marco Stief and Dr. Dirk Bühler2014, approx. 250 pp., hc., approx. € 190.00 ISBN 978-3-8487-0299-2Published approx. April 2014

The supplementary protection certificate (SPC) prolong the term of patents for pharmaceutical products for a maximum of five additional years, i.e. the certificate becomes effective at a time when the respective pharmaceutical is widely known on the market and thus generates the ma-ximum of revenue, which explains the enormous economic value of the SPC.

The SPC’s legal bases are two European SPC-Regu-lations. The SPC is based upon European or natio-nal patents.

SPCs protect some of the most valuable products in the pharmaceutical industry where each day of additional protection may be worth millions of Euro. At the same time, the requirements for ob-taining such protection, the scope of protection, etc. are highly disputed and have been the subject of numerous decisions of the ECJ.

German jurisprudence on SPCs is of special im-portance, as this has often been the basis for de-cisions of the ECJ. Further, the German market is one of the leading markets for pharmaceuticals and thus for SPCs. Thus, German case law is used to illustrate the comments.

Henning-Bodewig


International Handbook on Unfair Competition

EUroPEan and IntErnatIonal IP law

12

the Scope and limits of Protection for distinctive Signs against the Community designThe Application and Implications of Art. 25 (1) (e) of the Community Designs RegulationBy Magdalena Kolasa2012, 82 pp., pb., € 24.00 ISBN 978-3-8329-7910-2(Munich Intellectual Property Law Center – MIPLC, Bd. 17)

This book addresses the application and the im-plications of Art. 25(1)(e) CDR – the basis for inva-lidation of a Community design on the basis of infringement of a prior distinctive sign. This po-tentially attractive provision, allowing for an in-validation with reference to various legal provisi-ons, results to date in a lower number of invalidations than Art. 25(1)(b) CDR – the other basis for invalidation available for the owners of distinctive signs.

The analysis covers the scope and limits of protec-tion of trade marks, trade names, company sym-bols, work titles and names, with reference to the EU-harmonised rules and the national German law. This examination is a starting point for addressing some of the controversial issues con-cerning the application of Art. 25(1)(e) CDR as a ground for invalidation, such as the application of limitations to the right to a distinctive sign in de-sign invalidity proceedings, or the relationship between the invalidation on the basis of lack of novelty, lack of individual character and based on infringement of prior rights.

Contextual Brand ValuationFrom Fundamental Issues and Analysis of the State of the Art to a Systematic Integrated Approach to Brand and Intellectual Property (E)ValuationBy Dr. Eva Riemann2012, 304 pp., pb., € 79.00 ISBN 978-3-8329-7637-8(Munich Intellectual Property Law Center – MIPLC, Bd. 15)

Intangible Assets such as brands and other intel-lectual property (IP) are highly contextual and unique. There exist hardly any functioning market mechanisms for IP. For these reasons, IP valuation for strategic and prognostic, i.e. future-related, purposes is highly complex. This work aims at making a contribution to facilitate better hand-ling of this complexity. It therefore firstly illumi-nates basic aspects of value which apply to all IP, before specifics of trade marks and brands are dealt with. The introduction of a new approach to IP valuation as well as an overview of legal di-mensions of brand value constitute further key aspects of the work.

MIPLC Studies

The Scope and Limits of Protection for Distinctive Signs against the Community Design

Magdalena Kolasa

The Application and Implications of Art. 25 (1) (e) of the Community Designs Regulation

17

Nomos

MIPLC Studies

Contextual Brand ValuationEva Riemann

From Fundamental Issues and Analysis of the State of the Art to a Systematic Integrated Approach to Brand and Intellectual Property (E)Valuation

15

Nomos


13

Enforcing Intellectual Property Rights

Götting/du Vall (†)/Röder-Hitschke (Hrsg.)

Necessary Instruments versus Over-Enforcement

Schriften zum geistigen Eigentumund zum Wettbewerbsrecht 34

Nomos

the United States Bayh-dole act and its Effect on University technology transferBy Joel Gotkin

2012, 74 pp., pb., € 21.00 ISBN 978-3-8329-7706-1

(Munich Intellectual Property Law Center – MIPLC, Bd. 18)

This publication discusses one of the most influ-ential pieces of legislation relating to technology transfer in the United States: The Bayh-Dole Act. The publication discusses the history that led to the groundbreaking Act, characterizes strengths and weaknesses of the Act from an economic and a policy standpoint, and details the recent Su-preme Court Stanford v. Roche case, which may carry implications to technology transfer in the future. The publication also compares technology transfer and the Bayh-Dole Act to technology transfer in other developed and developing coun-tries, comparing and contrasting the technology transfer schemes.

Joel Gotkin is an attorney at a large full-service Intellectual Property law firm based near Washington, DC. Joel currently handles the full spectrum of patent prosecution for both dome-stic and international clients. Joel prosecutes pa-tents in the mechanical, electronic and chemical arts, including patents relating to aircraft and automobiles. Joel’s research interests lie in tech-nology licensing, specifically relating to universi-ties and pharmaceutical companies.

Enforcing Intellectual Property rightsNecessary Instruments versus Over-EnforcementEdited by Prof. Dr. Horst-Peter Götting, Prof. Dr. hab. Michal du Vall † and Heike Röder-Hitschke, LL.M.

2012, 134 pp., pb., € 38.00 ISBN 978-3-8329-5366-9

(Schriften zum geistigen Eigentum und zum Wettbewerbsrecht, Bd. 34)

The enforcement of intellectual property rights has been one of the most important and contro-versial issues for almost a decade now. This volu-me presents the conference contributions at a bilateral conference organized by the Institute for Intellectual Property, Competition and Media Law (IGEWeM) at the Technische Universität Dresden and the Institute of Intellectual Property Law at the Uniwersytet Jagiellonski in Kraków, held on 9/10 October 2009 in Dresden. Discussing the impact of the Enforcement Directive on national law and proceedings as well as the question if the reinforced recognition of intellectual property rights has reached its limits, speakers focused on the Implementation of the Enforcement-Direc-tive into Polish Law (Tischner), Interlocutory in-junctions in IP Disputes under Polish Law (Tar-gosz), the Enforcement of Personality Rights (Müller), the Compulsory License under Competi-tion Law and under German Law (du Vall and Götting), Defences in Trademark Litigation (Hans-ke) and Patent Litigation (Ozegalska-Trybalska) and the Dualism in German Patent law (Hetmank).

MIPLC Studies

The United States Bayh-Dole Act and its Effect on University Technology Transfer

Joel Gotkin

18

Nomos


14

on Peers and Copyright: why the EU Should Consider Collective Management of P2PBy Dr. João Pedro Quintais, LL.M.2012, 104 pp., pb., 28.00 ISBN 978-3-8329-7638-5(Munich Intellectual Property Law Center – MIPLC, Bd. 14)

This book analyzes the EU’s approach to P2P, a di-gital age technology that highlights the tensions between the Internet and a territorial and frag-mented copyright law. It aims at providing the necessary legal qualification and context to un-derstand why the EU, while following an economic and socially onerous path, has thus far failed to achieve its deterrence goals. It is argued that a solution to this conundrum must be based on the use of copyright law and policy as tools for market organization and innovation growth, with respect for rights holders and users (sometimes) opposing interests and the existing legal framework. The best answer to mass online P2P uses seems to be that of collective rights management, as it offers an organized licensing and remuneration system compatible with the interests of stakeholders. This is especially true in the EU, home to a developed and sophisticated market of CMOs, subject to nu-merous ECJ and Commission decisions, as well as varying EU institutional approaches, all pointing towards a preference for multi-territorial and pan-European licensing models. In this context, this book tests the compatibility of several non-volun-tary and voluntary approaches to P2P with inter-national treaties, the acquis or simply strategic policy considerations.

MIPLC Studies

On Peers and Copyright: Why the EU Should Consider Collective Management of P2P

João Pedro Quintais

14

Nomos


15

Cole/Metzdorf


EU Audiovisual Media Services Directive

– Comparative Commentary on the AVMSD and National Implementation –

Drohmann / Townsend


REACH-RegulationHandbook on Regulation (EC)

No 1907/2006Concerning Registration, Evaluation,

Authorisation and Restriction of Chemicals

EU audiovisual Media Services directive– Comparative Commentary on the AVMSD and National Implementation –Edited by Prof. Dr. Mark D. Cole and Jenny Metzdorf

2013, approx. 1.000 pp., approx. € 249.00 ISBN 978-3-8487-0282-4


The European audiovisual industry is one of the most dynamic markets in the European Union. The Audiovisual Media Services Directive is the bedrock of the EU’s audiovisual and media poli-cies. It regulates diverse aspects for providers of television broadcasting and on-demand services and entered into force in December 2007. Due to the volatility of a market facing convergence of media and important policy choices, for instance whether to allow product placement, Member States have struggled with the transposition of this Directive.

This completely new commentary employs an innovative approach: Based on English translati-ons, the study systematically examines the nati-onal implementing measures of the 28 Member States.

rEaCH-regulationHandbook on Regulation (EC) No 1907/2006Concerning Registration, Evaluation, Authorisation and Restriction of ChemicalsEdited by Dr. Dieter Drohmann and Matthew Townsend

2013, approx. 500 pp., hc., approx. € 200.00 ISBN 978-3-8329-7270-7

Published approx. September 2013

The Council Regulation (EC) No 1907/2006 concer-ning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) has been described as the “most complex piece of legisla-tion in EU history”. Entering into force on 1 June 2007, the Regulation constitutes the basic law for any business involved in chemical substances in the European Union. It is meant to improve the protection of human health and the environ-ment, as well as the enhancement of innovation and competitiveness of the chemical industry in the EU. For this end the intrinsic properties of che-mical substances shall be identified sooner and more accurate. By the REACH-Regulation impor-ters and manufacturers are required to gather information on the properties of their chemical substances and to register the information in a central database operated by the European Che-mical Agency (ECHA) based in Helsinki.

This handbook covers all the relevant issues from initial registration of chemical substances to the final enforcement of the obligations under the Regulation.

EUroPEan UnIon law

16

Towards a European Legal CultureEdited by Dr. Geneviève Helleringer and Dr. Kai Purnhagen, LL.M.

2013, approx. 500 pp., hc., € 179.00ISBN 978-3-8329-7195-3


European harmonisation eff orts such as a Europe-an civil code, European constitutional treaties, European principles, and European fundamental rights are frequently criticised for building on or creating a European legal culture that does not exist in the reality of European legal pluralism. This pluralistic structure of European law, it is submit-ted, hindered the development of a community, which would be a necessary requirement for a European legal culture. In short: There would be no common European legal culture and hence, no basis for certain harmonising exercises.

The contributors to this book explore in diff erent legal areas whether quite the contrary is correct. Cultural pluralism might be a distinctive feature of European legal culture. Diversity is not some-thing that is in opposition to, but rather consti-tutes a new, diff erent understanding of European legal culture. The contributions demonstrate in detail how such an approach inter alia in the areas of private, corporate, administrative and constitu-tional law furthers understanding of a developing European legal culture, how it off ers theoretical and doctrinal insights, and how it adds critical perspective.

European Insolvency RegulationHeidelberg-Luxembourg-Vienna ReportEdited by Prof. Dr. Burkhard Hess, Prof. Dr. Paul Oberhammer and Prof. Dr. Thomas Pfeiff er

2013, approx. 400 pp., hc., approx. € 125.00ISBN 978-3-8487-0470-5


Regulation No 1346/2000 of 29 May 2000 (EIR) has become the cornerstone of European insol-vency law. The Regulation, which is directly appli-cable in all Member States, forms the instrument for cross-border collective insolvencies in the European Union.

Paving the way for a new European insolvency law, the Heidelberg-Vienna-Luxembourg Report carries out a comprehensive legal and empirical examination of the insolvency laws and the insol-vency practices in the Members States. Based on thorough ananlyses the reporters evaluate the Regulation and provide recommendations for its revision.

Helleringer / Purnhagen (Editors)


Towards a European Legal Culture

EUROPEAN UNION LAW

17

Säcker / Montag


European State Aid Law

– Commentary–

the Eu Charter of Fundamental rightsA CommentaryEdited by Prof. Steve Peers, Prof. Tamara Hervey, Prof. Jeff Kenner and Prof. Angela Ward


Published approx. February 2014

This commentary on the Charter of Fundamental Rights of the European Union, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of the how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each Commentator offers an expert vies of how each article is either being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter’s institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanism, extraterritori-al scope, and the all-important ‘Explanations’.

European State Aid law– Commentary –Edited by Prof. Dr. Dr. Dr. h.c. Franz Jürgen Säcker and Dr. Frank Montag

2013, approx. 800 pp., hc., approx. 300.00 € ISBN 978-3-8329-7389-6

Published approx. December 2013

The regulation of state aid belongs to the core areas of European Union law. Without the general prohibition of state subsidies to undertakings com-petitiveness would be distorted and the benefits of the internal market would be put in jeopardy.

This book deals systematically article-by-article with the basic principles, the proceedings, and the implementation of state aid law as laid down in Articles 107 to 109 TFEU, as well as the general block exemptions regulation (Regulation No. 800/2008) and the Council Regulation (EC) No. 659/1999 laying down detailed rules for the application of Art. 93 TEC. Further, this commentary deals in detail with the rules regulating state aid in specific sectors such as telecommunication, postal services, broadcast and television, energy/coal, banking, railroads, road transport, shipping, air traffic/airports, automotive industry, shipbuilding, steel, housing, agriculture, fishery, culture/tourism/sport, health.

EuropEAn union lAw

18

European Labour LawBy Prof. Dr. Gregor Thüsing



In the beginning Labour Law and Social Security Law were of little signifi cance in the development of European Law. They only played a very minor role in the founding Treaties of the European Communities as their aim was primarily to har-monise economic, not social conditions. 50 years after the Rome Treaties the situation is complete-ly diff erent: There is more and more awareness that the only way to further develop European Law and the European Union as a whole is by not only getting rid of competitive constraints but also by making the citizens of Europe aware of its social dimension.

Thus now is a good time for an outline of Euro-pean Labour Law. This textbook was written mainly with students in mind that are specialising in Labour Law but it also gives practising labour lawyers an overview of the most important regu-lations and judgement issues.

Court of Justice of the EU– Commentary on Statute and Rulesof Procedure –By Bertrand P. Wägenbaur

2013, 921 pp., hc., € 199.00ISBN 978-3-8329-7272-1

This Commentary provides for an in-depth insight into the procedural rules of the EU Courts in Luxembourg. The substantive aspects of the legal remedies at the Court of Justice, the General Court and the Civil Service Tribunal, are laid down in the Treaty on the Functioning of the European Union while the procedural aspects are scattered over the Statute of the Court of Justice, the Rules of Procedure of the three jurisdictions, as well as the derived “Instructions“, “Practice Directions“ etc.

This commentary takes account of the new Rules of Procedure of the Court of Justice of 25 Septem-ber 2012; it comments upon European procedural rules, article by article, including the amendments to the Statute and the recast rules of procedure of the Court of Justice. It thus enables the reader to access easily any rule governing the procedure before the EU Courts.

This book covers the abundant case-law and addresses academic questions, as well as a mul-titude of practical issues in order to provide a comprehensive and also critical analysis of the various rules of procedure.

EUROPEAN UNION LAW

Wägenbaur


Court of Justice of the EU

– Commentary on Statute and Rules of Procedure –

19

Nomos

SchriftenreiheEuropäisches Recht, Politik und Wirtschaft

Das Verhältnis von nationalem Recht und Europarecht im Wandel der Zeit

Jürgen Schwarze (Hrsg.)

Band I

Nomos

SchriftenreiheEuropäisches Recht, Politik und Wirtschaft

Das Verhältnis von nationalem Recht und Europarecht im Wandel der Zeit

Jürgen Schwarze

Band II

Das Verhältnis von nationalem Recht und Europarecht im Wandel der ZeitBand IEdited by Prof. Dr. Dr. h.c. Jürgen Schwarze

2012, 361 pp., hc., € 89.00 ISBN 978-3-8329-7446-6

(Schriftenreihe Europäisches Recht, Politik und Wirtschaft, Bd. 366)

Since the beginning of the European Integration process the relation of national and European Law has been a basic problem. In order to sketch a most accurate picture of how this relationship between national and European law is evaluated today, 25 German and foreign researchers have lectured from varying view points on just that key subject at a conference held in Freiburg, Germany, in May 2011. The results are presented in this volume to make them accessible to a broader public. Published in German.

Das Verhältnis von nationalem Recht und Europarecht im Wandel der ZeitBand IIBy Prof. Dr. Dr. h.c. Jürgen Schwarze

2013, 213 pp., hc., € 54.00 ISBN 978-3-8329-7470-1

(Schriftenreihe Europäisches Recht, Politik und Wirtschaft, Bd. 367)

The second volume shows that although approval of the precedence of European Union Law over national law in the EU is in principal given, diffe-rent boundaries towards EU Law are drawn from a national perspective. The study discusses diffe-rent solutions for this friction whilst incorpora-ting strategies of various policy areas. Published in German.

EuRopEan union LaW

20

Transformation of Church and State Relations in Great Britain and GermanyEdited by Prof. Dr. Christian Walter and Dr. Antje von Ungern-Sternberg, M.A.

2013, 251 pp., pb., € 66.00 ISBN 978-3-8329-7862-4

(Schriften zum Religionsrecht, Bd. 4)

How do traditional church and state relations, developed within Christian legal orders, respond to Muslim immigration and religious diversifica-tion? This question is treated from a comparative perspective, focusing on Great Britain and Ger-many, in the contributions of this collection. After looking at the history of establishment and dise-stablishment in Great Britain and Scandinavia, the contributions cover specific aspects such as the individual’s legal protection in religious courts, employment disputes, church autonomy, the role of religious communities in public life and the legal status of Muslim communities in parti-cular. Some of the contributions also show how the relationship is influenced by the European Convention on Human Rights. The volume is the result of a research project by the editors forming part of the Cluster of Excellency “Religion and Politics” of the University of Münster, Germany.

Current legal issues concerning tobacco regulation in EuropeEdited by Prof. Dr. Eckhard Pache, Prof. Dr. Kyrill-A. Schwarz and Prof. Dr. Olaf Sosnitza

2013, 152 pp., pb., € 56.00 ISBN 978-3-8487-0194-0

(IUS EUROPAEUM, Bd. 55)

The study addresses different aspects of current legal questions posed by the planned revision of the EU Tobacco Products Directive.

The upcoming revision and the planned tighte-ning up of the EU rules on the characteristics of tobacco products, placing restrictions on access to tobacco products, and increasing the deterrent effect of tobacco packaging design, clearly evoke numerous legal problems.

Three essays draw on expert opinions provided originally by the editors for the British American Tobacco GmbH.

EuRopEan union LaW

Transformation of Church and State Relations in Great Britain and Germany

Christian Walter/Antje von Ungern-Sternberg (eds.)

Schriften zum Religionsrecht 4

Nomos

Current legal issues concerning tobacco regulation in Europe

Eckhard Pache | Kyrill-A. Schwarz | Olaf Sosnitza

IUS EUROPAEUM55

Nomos

21

Das soft law der europäischen organisationen – The Soft Law of European organisations – La soft law des organisations européennesEdited by Prof. Dr. Julia Iliopoulos-Strangas and Prof. Dr. Jean-François Flauss †

2012, 427 pp., pb., € 74.00 ISBN 978-3-8329-7558-6

(Societas Iuris Publici Europaei (SIPE), Bd. 7)

The term „soft law” is used for non-formal legally binding agreements, declarations of intent, or guidelines. The conference proceedings of the 7th Congress of Societas Iuris Publici Europaei (SIPE) discuss the complex and complicated questions of the term’s validity and scope within the realm of European organizations. Published in German.

Constitutional Justice in Southeast EuropeConstitutional Courts in Kosovo, Serbia, Alba-nia and Hungary between Ordinary Judiciaries and the European Court of Human RightsEdited by Prof. Dr. Enver Hasani, Prof. Dr. Péter Paczolay, and Michael Riegner

2012, 194 pp., pb., € 49.00 ISBN 978-3-8329-7701-6

The collection offers a comparative analysis of constitutional justice in Southeast Europe and its place in the common European legal space. The nine authors focus on the relationship of selected constitutional courts to ordinary judiciaries and to the European Court of Human Rights, and thus highlight general patterns of constitutionaliza-tion and Europeanization.

Die Krise demokratisch überwinden. a Democratic Solution to the CrisisReformansätze für eine demokratisch fundierte Wirtschafts- und Finanzverfassung Europas. Reform Steps towards a Democratically Based Economic and Financial Constitution for EuropeBy Prof. Dr. Dr. h.c. Ingolf Pernice, Dr. Mattias Wendel, Maîtr. en droit (Paris 1), Lars S. Otto, LLM (LSE), Kristin Bettge, MLE, Martin Mlynarski and Michael Schwarz

2012, 150 pp., pb., € 38.00 ISBN 978-3-8329-7897-6

(Schriftenreihe Europäisches Verfassungsrecht, Bd. 37)

Emerging from a survery presented at the European Parliament in June 2012 this study proposes steps towards a reform of the Economic and Financial Constitution of the European Union. On the basis of constitutional theory analyses democratic me-chanisms for overcoming the financial crisis posi-tively are proposed and considered with respect to European and German constitutional law.

At the centre of the fiscal pillar of the Economic and Monetary Union a reformed deficit procedure (Ar-ticle 126 TFEU) is discussed. A more prominent role for the European Parliament (such as the final say on whether or not there is a deficit) shall provide for greater stability via enhanced political responsibili-ty. In addition, the economic interdependence of the Member States must be respected in the nati-onal budgeting procedures.

With respect to the economic pillar it is suggested to combine safeguarding national sovereignty and legislation of the EU by aiming at convergence by means of using margins (i.e. minimum and maxi-mum limits) instead of rigid parameters.

EuRopEan union LaW

22 EuropEAn union lAw

Encyclopaedia of European Law

Volume 5 now available: Europäisches Sektorales Wirtschaftsrecht

www.enzyklopaedie-europarecht.de

The »Encyclopaedia of European Law-EnzEuR-« presents a comprehensive scientifi c analysis of the diff erent areas of the entire system of European law, although with specifi c emphasis on European Union law. It coherently presents the relevant subjects by proceeding from the positive conceptual basis to the specifi c rules and the inherent general principles of law. Nearly 200 academics and practicing lawyers present the diversity of European law while underlining its coherence and unity. This is a fundamental scientifi c contribution to the formation of unity in European law in which the system of inner rationality is analyzed in order to serve as conceptual guidance for future development and as a solid orientation for legal prac-tice, economics and politics.

All volumes are published in German.

Enzyklopädie Europarecht Complete EditionUnitas Europae | Vol. 1 – 10approx. 10,000 pp., hc., € 1.250 (complete edition) or approx. € 1.456.00 for single orders, ISBN 978-3-8329-7230-1Publication of last volume approx at the end of 2014

Editors: Prof. Dr. Armin Hatje and Prof. Dr. Dr. h.c. mult. Peter-Christian Müller-Graff Chief Editor: Prof. Dr. Jörg Philipp Terhechte

23 EuropEAn union lAw (in german language)

Eu-KommentarEdited by Prof. Dr. Dr. h.c. Jürgen SchwarzeCo-Editors: Prof. Dr. Ulrich Becker, LL.M., Prof. Dr. Armin Hatje and Johann Schoo

3rd edition 2012, 3.019 pp., hc., € 225.00 ISBN 978-3-8329-6329-3

In this volume the complex provisions of the Eu-ropean Treaties will be explained on highest com-mentary standard, article by article, and put into context of their genesis that was shaped by many compromises. Whether dealing with established EU Law or new Treaty provisions, Schwarze’s com-mentary always stands out – precise in its indivi-dual argumentation and convincing in its anno-tations of the entire agreement. The commentary’s signature feature is its high standard of scientifi c precision that incorporates all requirements of legal practice. Published in German.

Europäisches beihilfenrechtEdited by Dr. Alexander Birnstiel, LL.M., Prof. Dr. Marc Bungenberg, LL.M. and Helge Heinrich

2013, 1.466 pp., hc., € 198.00ISBN 978-3-8329-5758-2

The new commentary on European state aid law gives fi rst-hand answers. All important questions on the state aid law will be answered in great detail. Over 60 authors from practice, European and national authorities, and science analyze thoroughly and discuss critically the decision making of the European Commission as well as the judicature of the European Courts, which are most decisive for the state aid law. Published in German.

EU-Kommentar

Jürgen Schwarze (Hrsg.)

Nomos

3. Auflage

4. Aufl age

Nomos

Handlexikon derEuropäischen Union

§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§Bergmann [Hrsg.]

Europäisches Beihilfenrecht

birnstiel | bungenberg Heinrich [Hrsg.]

NOMOSKOMMENTAR

Nomos

Handlexikon der Europäischen unionEdited by Prof. Dr. Jan Bergmann, LL.M. eur

4th revised and enhanced edition 2012, 1.107 pp., hc., € 98.00 ISBN 978-3-8329-6323-1

This encyclopedia features about 1,000 terms and concepts of European law and politics, thus is the ideal tool for practice, science and studies. In this 4th edition all relevant latest events and political developments until May 2011 are incorporated. Published in German.

24

EU and Investment Agreements

Marc Bungenberg/August Reinisch/Christian Tietje (eds.)

Open Questions and Remaining Challenges

Nomos

Studien zum Internationalen Investitionsrecht

7Bungenberg / Griebel / Hobe / Reinisch


International Investment Law

International Investment LawEdited by Prof. Dr. Marc Bungenberg, LL.M., Prof. Dr. Jörn Griebel, D.E.S., Prof. Dr. Stephan Hobe, LL.M. and Prof. MMag. Dr. August Reinisch, LL.M.

2013, approx. 2.000 pp., hc., approx. € 298.00 ISBN 978-3-8329-6898-4

Published approx. November 2013

The purpose of the handbook is to provide prac-titioners and legal scholars with a comprehensive overview and a systematic assessment of the relevant cases and issues in the field of interna-tional investment law. The handbook thus aims at giving both a first overview as well as a de-tailed insight into all aspects of investment law. The handbook provides a thorough legal analysis of arbitral jurisprudence and identifies emerging trends and developments.

This book will be of crucial importance to inve-stors, legal practitioners, and scholars. Further, it will answer the call for a comprehensive acade-mic study of crucial developments, such as the increasing role of European Union Law or the ri-sing impact of multilateral approaches on the system of international investment law.

EU and Investment AgreementsOpen Questions and Remaining ChallengesEdited by Prof. Dr. Marc Bungenberg, LL.M. (Lausanne), Prof. MMag. Dr. August Reinisch, LL.M. and Prof. Dr. Christian Tietje, LL.M.

2013, 200 pp., pb., € 59.00 ISBN 978-3-8487-0250-3

(Studien zum Internationalen Investitionsrecht, Bd. 7)

The transfer of FDI competence to the EU with the Treaty of Lisbon opened the way for a more coherent EU international investment policy. Ne-vertheless, questions and challenges that need to be successfully addressed in order to achieve the dynamic EU investment policy desired by the EU treaty-makers are still unresolved. This volume focuses on topical and highly-debated issues including the role of the Member States during the negotiation and conclusion of future EU investment agreements and gives specific attention to the ongoing negotiations with Ca-nada as well as the upcoming ones with China. Furthermore, it discusses the inclusion of inve-stor-state dispute settlement provisions in these agreements as well as the status of national in-vestment insurance systems in the wake of the Treaty of Lisbon.

IntErnAtIonAL InvEstmEnt LAw

25IntErnAtIonAL InvEstmEnt LAw

International Investment Law and Its othersEdited by Prof. Dr. Dr. Rainer Hofmann and Prof. Dr. Christian J. Tams

2012, 236 pp., pb., € 59.00 ISBN 978-3-8329-7866-2

(Schriften zur Europäischen Integration und Internationalen Wirtschaftsordnung, Bd. 27)

International investment law protects rights of investors, but its application often implicates public interests protected by human rights law, environmental law and/or domestic public law. The interaction between ‘international invest-ment law and its others’ has prompted much debate recently and has revealed a considerable degree of uncertainty.

The contributions to the present volume syste-matically address the most important aspects of the interaction. They show that investment pro-tection can indeed have a negative impact on human rights, environmental law and domestic law. However, the interaction is not a one-way street: international investment law is not sealed off, but increasingly open to arguments based on human rights, environmental law and domestic law. In engaging with these arguments, invest-ment law itself changes: it is not monolithic, but responds to the challenge of ‘its others’.

International Investment Law and Its Others

Rainer Hofmann/Christian J. Tams (Eds.)

Schriften zur Europäischen Integrationund Internationalen Wirtschaftsordnung

27

Nomos

26

The Right of Anthroposophic Medicine

Rüdiger Zuck

Nomos

informed Consent in EuropeLegal, Ethical and Clinical PerspectivesBy Prof. Dr. Nikolaus Forgó



Informed consent is intrinsically connected to a person’s autonomy. Consent is a process to allow the patient (or data subject) to express his wishes and choices in an informed and autonomous way.

In order to fulfi ll its role as a mechanism to protect the patient, it is thus of crucial importance that the informed consent procedure is as concise, precise, clear and personalised as possible.

European regulatory documents obliging to ob-tain informed consent seem to connect the same ethical and legal idea to very diff erent legal requi-rements. The diff erent legal concepts might boost the tendency that consent is not so much seen as a means to protect the patient’s autonomy but more as a cumbersome procedure needed to shrink liabilities and protect the physician.

This book – based on research undertaken in an European project – gives an overview on the con-cept of informed consent as well as current and upcoming issues of getting, giving and managing informed consent.

the right of Anthroposophic medicineBy Prof. Dr. Rüdiger Zuck

2012, 206 pp., pb., € 54.00ISBN 978-3-8329-7902-7

The second edition of The Right of Anthroposo-phic Medicine aims to give consideration to the unabated interest shown by patients in the speci-fi c therapeutic approaches which diverge from orthodox medicine. The independent approach of anthroposophic medicine is based on the image of the human being developed by Rudolf Steiner. This image is spelled out in the “Declaration on the rights of anthroposophic medicine” drawn up in 2011 by the Medical Section of the School of Spiri-tual Science at the Goetheanum in Dornach joined by a legal commentary.

The fundamental aim of the present study is to describe the situation in law pertaining to anthro-posophic medicine while at the same time setting out its claim to be practiced as a special therapeu-tic approach. In this context the publication high-lights the dual function contained in the German term “Recht” which comprises both the meaning of “law” and of “rights”. It thus describes both the current state of law as well as a claim to rights which arises not just from current law but also serves to fi x what anthroposophic medicine wis-hes to see as being assured with regard to its own autonomy.

mEDiCAl lAw AnD EtHiCS

The author, an expert in constitutional law, looks at anthroposophic medicine from the outside. His legal considerations are based solely on a plura-listic approach which endeavours to support and promote a diversity of possible opinions.

27PRIVATE EUROPEAN AND INTERNATIONAL LAW

European Distribution Law– Handbook –Edited by Prof. Dr. Eckhard Flohr and Prof. Dr. Michael Martinek

2014, approx. 1.500 pp., hc., approx. € 300.00ISBN 978-3-8329-7273-8

Published April 2014

This handbook covers the European law of distri-bution, i.e. the law resulting from European pri-mary and secondary legislation in the interpreta-tion of the European courts and the supreme courts of the European Member States, and com-mon principles of European or international dis-tribution law. The national laws of distribution are covered in so far they illustrate the implementa-tion of European law, or when they are of outstan-ding importance for the distribution practice within the European Community. The focus is on the supranational EU law relevant for distribution and services, constituting the acquis communi-taire in the Member States.

International Sales TermsBy Prof. Dr. Patrick Ostendorf

2nd edition 2013, approx. 173 pp., hc., approx. € 98.00ISBN 978-3-8487-0471-2


An introductory chapter provides an overview of the CISG and the Swiss law, which is the sugge-sted governing law for the sales terms, with regard to legal issues not dealt with by the CISG (i.e. assessment, set-off , limitation periods, validi-ty of the contract etc.) as well as diff erences in this regard compared to other major jurisdictions (in particular England and the U.S.). Some general points of concern with regard to international sales contracts (e.g. U.S. and European export control regulations, antitrust and competition laws etc.) and best practices regarding the incor-poration of the terms into the contract (i.e. battle of forms problem) are also discussed. The main part of the book contains the annotated interna-tional sales terms and conditions (inter alia Terms of Payment, Retention of Title, Delivery, Transfer of Risk, Conformity of the Contract Goods and Remedies in Case of Nonconformity, Confi den-tiality, Limitation of Liability, Termination, Gover-ning Law and Arbitration Clause). The contents of each clause and its eff ects are discussed in the context of the relevant legislation. Where appro-priate, alternatives for the drafting of individual clauses are provided.

Flohr / Martinek


European Distribution Law

– Handbook –

28

Schulze (ed.)


Common European Sales Law (CESL)

– Commentary –

Common European Sales Law (CESL)– Commentary –Edited by Prof. Dr. Dr. h.c. Reiner Schulze

2012, 816 pp., hc., € 189.00 ISBN 978-3-8329-7205-9

The landscape of European Sales Law is rapidly taking shape. In October 2011, the European Com-mission proposed a Common European Sales Law (CESL) to facilitate cross-border transactions bet-ween businesses and between businesses and consumers. It contains a complete sales law and provisions for the supply of digital content and purchase of related services.

The Commentary analyses all 202 articles of the CESL, explains their function and doctrinal context and indicates the possible problems of their appli-cation. In doing so it offers a critical contribution to the legislative procedure and prepares practi-sing lawyers, legal scholars and students for the use of the new European case law. Each article is dealt with in the same structure:

■ Function and underlying principles ■ Systematical context ■ Analysis and interpretation, including refe-

rences to potential problems in practice ■ Criticism and possible improvements

The authors are renowned jurists from numerous European countries and with great experience in European and international contract law.

PrivatE EuroPEan and intErnationaL Law

29Public international law

european convention for the Protection of Human rights and Fundamental Freedoms (ecHr)– Commentary –By Prof. Dr. Dr. Christoph Grabenwarter



The European Convention on Human Rights (ECHR) entered into force in 1953 with binding ef-fect on all member states of the Council of Europe. It grants a number of fundamental rights and freedoms such as: right to life, prohibition of tor-ture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no pu-nishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination.

Any person who feels that his or her rights are being violated under the ECHR by the authorities in one of the member states can bring the case to the European Court of Human Rights, established under the Convention. The States are bound by the Court’s decisions.

The impact of the Convention will further incre-ase following the accession of the European Uni-on to the Convention.

The commentary systematically deals with the Convention, article-by-article, including develop-ment, scope, relevant case-law and literature.

united nations convention on the law of the Sea– Commentary –Edited by Prof. Dr. Alexander Proelss

2014, approx. 1.800 pp., hc., approx.€ 300.00 ISBN 978-3-8329-7275-2

Published approx. March 2014

The United Nations Convention on the Law of the Sea (UNCLOS) entered into force in 1994. Mean-while it has been ratified by about 160 states, including all the Member states of the EU and the EU itself. The Convention defines the rights and duties of states with regard to the use of the seas. UNCLOS consolidates customary international law and various Conventions previously adopted by the international community. This Treaty, the most comprehensive ever concluded, is often re-ferred to as “the constitution for the seas”. The Commentary employs a systematic methodology whereby each provision is examined and analysed element by element. The issue of the suitability of the Convention to deal with the challenges facing the modern law of the sea, such as the ex-ploration and exploitation of non-mineral resour-ces or the protection of the marine environment in general, occupies a central editorial focus of this work.

The Commentary deals with all the provisions of the Convention article-by-article.

Grabenwarter


European Convention for the Protection of Human Rights and

Fundamental Freedoms (ECHR)

– Commentary –

Proelss


United Nations Convention on the Law of the Sea

– Commentary –

30

Tams/Berster/SchiffbauerTams

BersterSchiffbauer

C.H. Beck . Hart . NomosC.H. Beck . Hart

Nomos

Convention on the Prevention and Punishment

of the Crime of Genocide– Commentary –

Convention on the Prevention and Punishment

of the Crime of GenocideCommentary

Convention on the

Prevention and Punishment of the Crime of Genocide

Commentary

Iliopoulos-Strangas/Pereira da Silva/Potacs (eds.)

8

Der Beitritt der Europäischen Union zur EMRK The Accession of the European Union to the ECHR L'adhésion de l'Union Européenne à la CEDH

Die Auswirkung auf den Schutz der Grundrechte in EuropaThe impact on the protection of fundamental rights in EuropeL'impact sur la protection des droits fondamentaux en Europe

Convention on the prevention and punishment of the Crime of genocideCommentaryBy Prof. Dr. Christian J. Tams, Dr. Lars Berster and Dr. Björn Schiff bauer

2013, approx. 400 pp., hc., approx. € 150.00ISBN 978-3-8329-7269-1


The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”) has a special standing in internati-onal law, as well as in international politics. For 60 years the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the ‘crime of crimes’. On the occasion of the 60th anniversary of its adop-tion the UN High Commissioner for Human Rights stated that ‘genocide is the ultimate form of discrimination’. The Convention has infl uenced the subsequent development of many diff erent areas of international law. For example, the pro-hibition against genocide has become a crucial pillar of international criminal law, with genocide being one of the core crimes falling under the ju-risdiction of the UN ad hoc tribunals, the Extraor-dinary Chambers in the Courts of Cambodia, and the permanent International Criminal Court since the 1990s.

In this work the provisions of the Convention are analysed article-by-article, including abundant practice and jurisprudence. Distinct sections on cross-cutting issues of general importance com-plement the analysis.

Der beitritt der Europäischen union zur EmrK – the Accession of the Euro-pean union to the ECHr – l’adhésion de l’union Européenne à la CEDHDie Auswirkung auf den Schutz der Grundrechte in Europa – The impact on the protection of fundamental rights in Europe – L’impact sur la protection des droits fondamentaux en EuropeEdited by Prof. Dr. Julia Iliopoulos-Strangas, Prof. Vasco Pereira da Silva and Prof. Dr. Michael Potacs

2013, 315 pp., pb., € 59.00ISBN 978-3-8487-0620-4

(Societas Iuris Publici Europaei (SIPE), Bd. 8)

The Societas Iuris Publici Europaei (SIPE) held its Eighth Congress 2011 in Lisbon. The central topic of the Congress was „The Accession of the Euro-pean Union to the European Convention of Hu-man Rights“.

The multi-layered and complicated issues of the EU accession to the ECHR and its importance for the human rights protection in Europe were dis-cussed intensively by experts from both a theo-retical and practical background for two days in Lisbon.

The present volume puts the revised editions of the presentations together with the contribu-tions presented in the „Workshop of Junior Scho-lars“, a forum, in which qualifi ed young academics present and discuss their own papers within the theme of the Congress. The contributions are pu-blished in the respective language used for each presentation, which may be one of the three „of-fi cial“ languages of the SIPE, namely English, French and German.

publiC intErnAtionAl lAw

31PUBLIC INTERNATIONAL LAW

Fundamentals of Public International Financial LawInternational Banking Law within the system of Public International Financial LawBy Prof. Dr. Christos Gortsos

2012, 315 pp., hc., € 79.00ISBN 978-3-8329-7180-9

(Schriften des Europa-Instituts der Universität des Saarlandes – Rechtswissenschaft, Bd. 89)

This study is an introduction to public internatio-nal fi nancial law, with particular emphasis on one of its branches, public international banking law. Its main objective is to analyse the four levels of the adoption and enforcement of public interna-tional fi nancial law; to provide an overview of the main sources of this branch of public internatio-nal economic law; and to analyse in more detail the provisions pertaining to the two main blocks of sources of public international banking law, including the ‘Basel III’ provisions.

Aimed at legal practitioners, it also presents ele-ments of the fi nancial system’s functions and infrastructures, as well as a detailed analysis of the objectives behind its regulation.

Climate Change: International Law and Global GovernanceVolume I: Legal Responses and Global ResponsibilityEdited by Prof. Dr. Oliver C. Ruppel, Prof. Dr. Christian Roschmann and Dr. Katharina Ruppel-Schlichting

2013, approx. 1.100 pp., approx. € 138.00 subscription off er (after 31.10.2013 approx € 168.00)ISBN 978-3-8329-7797-9


Volume II: Policy, Diplomacy and Governance in a Changing Environment

2013, approx. 950 pp., approx. € 138.00 subscription off er (after 31.10.2013 approx € 168.00)ISBN 978-3-8329-7796-2


The two-volume publication is one of the fi rst at-tempts to systematically address both internatio-nal climate change law and global climate change governance. Deals with international law and the multiple regulatory regimes refl ecting fragmen-tation in the absence of a universal climate chan-ge regime. International climate change law, glo-bal climate governance and diplomacy are interrelated and extremely complex: The study explores these areas from a variety of doctrinal, transdisciplinary and thematic perspectives.

Fundamentals of Public International Financial Law

Christos Gortsos

International Banking Law within the system of Public International Financial Law

Schriften des Europa-Instituts derUniversität des Saarlandes – Rechtswissenschaft 89

Nomos

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bürgerliches gesetzbuchHandkommentarBy Prof. Dr. Dr. h.c. Reiner Schulze, Prof. Dr. Heinrich Dörner, Prof. Dr. Ina Ebert, Prof. Dr. Thomas Hoeren, Dr. Rainer Kemper, Prof. Dr. Ingo Saenger, Prof. Dr. Klaus Schreiber, Prof. Dr. Hans Schulte-Nölke and Prof. Dr. Ansgar Staudinger

7th edition 2012, 2.776 pp., hc., € 59.00ISBN 978-3-8329-6810-6

The updated 7th edition of this reference com-mentary off ers practitioners, judiciary, law clerks, and students a thorough overview of the latest judicature and literature. It includes all amend-ments of the German Civil Code since the publi-cation of the 6th edition in 2009. Published in German.

bürgerliches gesetzbuchGesamtausgabeEdited by Prof. Dr. Barbara Dauner-Lieb, Dr. Thomas Heidel and Prof. Dr. Gerhard Ring

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Addressing mainly practitioners, this commentary of the German Civil Code off ers a wide range of aids and information for day-to-day work. The main focus lies on the presentation of judicature and prevailing opinion. Nonetheless deviating views and trends in judicature or literature are also analyzed to off er a comprehensive overview to the reader. Published in German.

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Authors

BBarth, Marcel 5, 7Becker, Ulrich 23Benöhr, Iris 4Bergmann, Jan 23Berster, Lars 30Bettge, Kristin 21Birnstiel, Alexander 23Black-Branch, Jonathan 3Böse, Martin 8Bühler, Dirk 10, 11Bungenberg, Marc 23, 24CCole, Mark D. 15Conrad, Nicole 3Creutzfeld-Banda, Naomi 4DDauner-Lieb, Barbara 32Dörner, Heinrich 32Drohmann, Dieter 15EEbert, Ina 32Eidenmüller, Horst 3FFlauss, Jean-François 21Flohr, Eckhard 27Forgó, Nikolaus 26GGortsos, Christos 31Gotkin, Joel 13Götting, Horst-Peter 13Grabenwarter, Christoph 29Griebel, Jörn 24HHaedicke,

Maximilian 10Hasani, Enver 21Hatje, Armin 23Heidel, Thomas 32Heinrich, Helge 23Heintschel-Heinegg, Bernd von 9Helleringer, Geneviève 16Henning-Bodewig, Frauke 11Hervey, Tamara 17Hess, Burkhard 16Hobe, Stephan 24Hodges, Christopher 4Hoeren, Thomas 32Hofmann, Rainer 25IIliopoulos-Strangas, Julia 21, 30KKemper, Rainer 32Kenner, Jeff 17Kindhäuser, Urs 9Kindler, Peter 6Kolasa, Magdalena 12LLindemann, Lena 8MMartinek, Michael 27Metzdorf, Jenny 15Meyer, Frank 8Mlynarski, Martin 21Money-Kyrle, Rebecca 5Montag, Frank 17Münch, Peter 3

NNeumann, Ulfrid 9OOberhammer, Paul 16Ostendorf, Patrick 27Otto, Lars S. 21PPache, Eckhard 20Paczolay, Péter 21Paeff gen, Hans-Ullrich 9Peers, Steve 17Pernice, Ingolf 21Pfeiff er, Thomas 16Potacs, Michael 30Proelss, Alexander 29Purnhagen, Kai 16QQuintais, João Pedro 14RReinisch, August 24Riegner, Michael 21Riemann, Eva 12Ring, Gerhard 32Röder-Hitschke, Heike 13Roschmann, Christian 31Roth, Günter H. 6Ruppel, Oliver C. 31Ruppel-Schlichting, Katharina 31SSäcker, Franz Jürgen 17Saenger, Ingo 32Satzger, Helmut 7, 9Schiff bauer, Björn 30Schneider, Anne 8Schoo, Johann 23Schreiber, Klaus 32Schulte-Nölke,

Hans 32Schulze, Reiner 28, 32Schütze, Rolf A. 4Schwarze, Jürgen 19, 23Schwarz, Kyrill-A. 20Schwarz, Michael 21Sieber, Ulrich 9Silva, Vasco Pereira da 30Sosnitza, Olaf 20Spahlinger, Andreas 7Staudinger, Ansgar 32Stief, Marco 10, 11TTams, Christian J. 25, 30Thüsing, Gregor 18Tietje, Christian 24Timmann, Henrik 10Townsend, Matthew 15UUngern-Sternberg, Antje von 20VVall, Michal du 13WWägenbaur, Bertrand P. 18Walter, Christian 20Ward, Angela 17Wegen, Gerhard 5, 7Wendel, Mattias 21Wolff , Reinmar 6ZZuck, Rüdiger 26

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European and international Law

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