With globalisation, digitisation, more cross-border movement of persons and multinational businesses, events and cases have increasingly become transnational. Conversely, with the current geopolitical climate, the increase of migration and the recent pandemics, borders have regained importance. These developments raise questions about the territorial scope of legislation. In this book, 28 mechanisms have been identified which influence the territorial scope of EU law. With those mechanisms, t...

The latest IPCC report makes it abundantly clear that we are failing to reach the target of limiting global warming to 1.5°C compared to the pre-industrial era. If we are to reach this target, we need to take measures to reduce the emission of greenhouse gases, to move away from fossil fuels as energy sources and to adopt renewable energy sources. Particularly high-income countries need to reduce consumption and the exploitation of nature. Enforcement is in order when incentives such as subs...

Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused to people and planet abroad. These 'foreign direct liability cases' arise against the background of a global governance gap resulting from the rapid globalization of economic actors and activities with no global institutions to manage their worldwide impacts. The increasing reliance on private law mechanisms to realise corporate ac...

Negotiating International Commercial Contracts – Practical Exercises is an innovative workbook that comprises over 80 real-life case scenarios, accompanied by suggested answers and guidelines. These are built upon the authors’ experience and understanding of both legal and business interests which underlie the negotiation of an international commercial contract. The exercises focus on two of the most vital choices in an international commercial contract: (i) the choice of the substantive ...

This book deals with the dilemmas caused by the various roles one has in life simultaneously. For instance, being a family member, an employee, a friend, a member of a sports club. This could generate tension because expectations of behaviour may clash, or even contradict one another. Individuals may find themselves in a tight spot because notions about loyalty in one's own family, for instance, may be at odds with the dedication and integrity expected by an employer.

The central theme of the...

Disasters such as the Rana Plaza factory collapse in 2013 have raised legal questions in respect of the role and responsibility of multinational corporations in respect of their supply chains. This book addresses these questions by focusing on the extent of legal responsibility and liability for corporate social responsibility ("CSR") violations in the supply chains of MNCs in the Netherlands, England and California (United States). It provides an overview of the legal measures a limited numb...

Through a comparative review of eight legal systems, this book examines the legal aspects of parenthood and nationality following inter-country surrogacy arrangements and the influence of European and international human rights law on the determination of parentage, the establishment of nationality and the prevention of statelessness as well as identity rights, continuation of relationship rights and, more broadly, child protection. This research considers whether national laws on parenthood ...

White-collar crime is globally shattering in its effect, and there is no doubt enforcement is a necessity in rooting it out. In his inaugural lecture, Sharon Oded raises the question of whether enforcement policies currently emerging in the U.S. and other jurisdictions are suitable to serve this purpose. He is particularly concerned with the intoxication of force - that is, the very real situation where the main goal of the enforcement system is to sanctify harsh enforcement, rather than to e...

In this publication it is analysed how the European Union (EU) can best react to the threats and challenges Europe is faced with these days.

The external problems concern first of all the geopolitical threats at the external borders, such as the Russia/Ukraine crisis, the ongoing conflicts in the Middle East, the anti-democratic tendencies in Turkey and the unrest in Northern Africa. Other references are migration, combat of terrorism, climate change and -since Donald Trump took office- the r...

Each year the European Court of Justice delivers over a thousand decisions on the basis of EU law that affect the Member States as well as the lives of their citizens. Most of these decisions are the result of requests for a preliminary ruling sent by national courts and tribunals seeking an interpretation of EU law. While this procedure is seen as central to the transformation of Europe, significant ambiguity remains on why it is used, and who is primarily responsible for its success.

The cur...