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Delictual liability in the conflict of laws : a comparative studyMcFarlane, Thomas. January 1973 (has links)
No description available.
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The burden of proof of the air cargo claimant under international law /Salazar, Juan Carlos. January 1999 (has links)
The air cargo industry is evolving rapidly, as is its international law regime. The recent entry into force of the Montreal Protocol No. 4 and adoption of the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999 constitutes a new legal framework for air cargo claims. / Rather than offering definite answers, this thesis identifies some current and emerging issues in the law of air cargo claims, particularly those aspects that the claimant must prove. The work traces the development of the Warsaw System by writers and courts, and attempts to identify trends in the application and interpretation of the new legal framework. The evolution towards independence of the law of carriage of goods by air from other similar regimes, and the existing connections among them, are examined. When appropriate, common law and civil law solutions to some legal issues will be introduced. / Finally, the thesis concludes that conflicting decisions in this field could be avoided by adopting uniform rules to solve conflicts of laws and to interpret international carriage conventions.
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Freight forwarders' liability during international multimodal transportationBeamer-Downie, Darcy. January 1999 (has links)
Over the past 30 years the transportation of goods has developed beyond recognition. The transportation infrastructure is sophisticated and relatively efficient and it is not unusual for goods to be shipped by more than one mode of transportation. Unfortunately, private law has not kept pace with these infrastructure changes. Therefore, a different liability regime applies to every unimodal type of transportation. Though, each unimodal regime is usually based on similar principles they are sufficiently different, from each other, to create a great deal of uncertainty when trying to assess the liability of the participants, in the transportation venture. Such uncertainly is highlighted, for example, when the exact time of the loss or damage cannot be ascertained---which liability regime is applicable? / An individual who engages a forwarder will not be particularly concerned with the above and generally assumes that by dealing with a forwarder, the forwarder will be liable for any loss or delay. Unfortunately, this is not always the case and depending on the terms upon which the forwarder contracts i.e. as agent, principal, carrier etc., and the application of any mandatory liability regime the forwarder may limit or escape liability altogether. Thereby leaving the customer without an effective remedy. / In this thesis we have examined the common law evolution of the freight forwarder from their traditional role as agents to their modern sophisticated role, as a "one stop shop," which more closely resembles that of principal. With particular emphasis on how forwarders' have coped with the advent of multimodal transportation and its legal uncertainty.
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Health & safety rights and transnational liability for harm / Health and safety rights and transnational liability for harmPhilo, John C. January 2006 (has links)
Safety and health is a basic human need and when not met, exacts costs that prevent societies from realizing development goals. Injury is increasing as a leading cause of death and disability. As the result of advances in public health knowledge and safety engineering technology, accidents and other injury events are often preventable. Injuries result from identifiable determinants and conditions that create exposure to identifiable hazards. By controlling hazards, the toll of injury can be reduced. / International trade and investment can create conditions that increase or diminish the global injury burden. International institutions and national governments face the question of how to protect safety and health rights and reduce the injury burden in a world of increasingly global business activity. International institutions do not yet provide comprehensive regulation for exported harms. In common law nations, liability through formal law plays an important role in regulating conditions that can lead to injury. In such nations, private law can play an important role in filling segments of the regulatory gap relating to exported harms.
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Gouvernance et imputabilité : la protection des valeurs publiques à l'ère de la privatisation des services d'eauProulx, Marianne January 2003 (has links)
The international year of fresh water represents the opportunity to look back at the seemingly irresistible movement toward privatization and at the devolution of State responsibilities in water and wastewater services. The welfare State appears to be increasingly ill-adapted to times dominated by globalisation and efficiency, while the market and the private corporations are presented as a panacea for solving the water crisis. But expectations of the market have not been met. This thesis analyses the debate over privatization of these services and the fondamental impacts on public values of introducing a market philosophy into this industry. Rather than witnessing a retreat of the State, its role is evolving although direct service provision is superseded by heavy regulation of the industry. In criticizing the neoclassical approach to the public good and regulation, the thesis argues that individualizing the process of valuing the public good fosters a culture of conflict and complexity that ultimately undermines our ability to formulate and achieve common goals. This creates an important accountability deficit. The need for environmental efficiency and democracy in an era of uncertainty requires that we search for means of expanding the reach of public values and thus suggests an even deeper reshaping of our governance structures, public and private.
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Die Dritthaftung der Abschlussprüfer : Eine rechtsvergleichende Untersuchung des englischen, US-amerikanischen, kanadischen und deutschen Rechts /Richter, Jan Christoph. January 2007 (has links)
Thesis (doctoral)--Hamburg, Universiẗat, 2005. Zugl.: Hamburg, Universiẗat, Diss., 2005. / Includes bibliographical references (p. 303-318).
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The reform of misstatement liability in Australia's prospectus laws /Golding, Greg. January 2001 (has links)
Thesis (S.J.D.)--Faculty of Law, University of Sydney, 2003. / Includes bibliographical references.
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The reform of misstatement liability in Australia's prospectus lawsGolding, Greg. January 2001 (has links)
Thesis (S.J.D.)--University of Sydney, 2003. / Title from title screen (viewed 15 April 2008). Submitted in fulfilment of the requirements for the degree of Doctor of Juridical Studies to the Faculty of Law. Degree awarded 2003; thesis submitted 2001. Includes bibliographical references. Also available in print form.
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Haftung der GmbH-Gesellschafter wegen Existenzvernichtung /Henzler, Jörg January 2009 (has links)
Zugl.: Heidelberg, Univ., Diss., 2008 / Includes bibliographical references (p. 177-193).
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Die "faute" bei der Elternhaftung im französischen Recht : Rechtsprechungsanalyse /Lesser, Joachim, January 1973 (has links)
Thesis (doctoral)--Universität Frankfurt/Main, 1973. / Includes bibliographical references (p. iii-v).
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