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Springer Customized Book List · 2007. 10. 9. · corporate control has converged to a "hybrid Ameri-canized version of the model of market for corporate control". Dr. Colcera's book

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Page 1: Springer Customized Book List · 2007. 10. 9. · corporate control has converged to a "hybrid Ameri-canized version of the model of market for corporate control". Dr. Colcera's book

springer.comABCD

FRANKFURT

BOOKFAIR

2007

Springer Customized Book ListLaw

Page 2: Springer Customized Book List · 2007. 10. 9. · corporate control has converged to a "hybrid Ameri-canized version of the model of market for corporate control". Dr. Colcera's book

springer.com/booksellers Law 1

H. Avila, Federal University of South Brazil

Theory of Legal Principles

This book intends to help understand and applyprinciples and rules better. Its target is to keep thedistinction between principles and rules whereasstructuring it on different foundations than those ju-risprudence ordinarily employs. The first object ofinvestigation is the phenomenon of interpretation inLaw in order to understand that the classification ofcertain normative species as either principles or rulesdepends in the first place on axiological connectionsthat are not ready prior to the interpretation processthat unveils them. Then, a definition of principles isproposed, aiming to understand what their uniquecharacteristics are when compared to other norms ofthe legal order. Thirdly, the conditions for the appli-cation of principles and rules are examined, whichare the normative applicative postulates. It will beshown, on one hand, that principles not only explicitvalues, but also set forth precise species of behaviors,though indirectly; on the other hand, the creation of[..]

Features

Connects the Anglo-Saxon, the German, and theSpanish/Brazilian discussion in one of the most cen-tral issues in legal theory and legal philosophy Givesa central role to metanorms in legal reasoning witha profound analysis of concepts such as balancing,practical coherence, reasonableness and proportion-ality Does not confine its analyses to a thorough re-view of the distinction between rules and [..]

Contents

1. First Considerations. 2. Norms: Principles andrules. 2.1 First distinctions. 2.2 An overview of theevolution of the distinction between principles andrules. 2.3 Principles and rules distinction criteria.2.4 Proposal to distinguish principles and rules. 3.Metanorms: Normative Postulates. 3.1 Definition ofnormative applicative postulate. 3.2 Guidelines toanalyze normative applicative postulates. 3.3 Speciesof postulates.4. Conclusions. 5. References.

Fields of interest

Constitutional Law; Law Theory/Law Philosophy

Target groups

Law students, post graduate students in law and ethi-cal philosophy

Type of publication

Monograph

Due May 2007

2007. XIV, 150 p. (Law and Philosophy Library, Vol. 81) Hardcover

79,95 €

ISBN 978-1-4020-5878-3

J. Basedow, Max Planck Institute for Comparative and Interna-

tional Private Law, Hamburg, Germany; U. Magnus, Universität

Hamburg, Germany (Eds.)

Pollution of the Sea - Prevention

and Compensation

The International Max Planck Research School forMaritime Affairs hosted an international conferenceaddressing marine pollution. Academics and practi-tioners debated recent developments from an inter-disciplinary perspective. The present volume of theHamburg Studies reflects those discussions coveringthe ecological, economic, political and legal aspectsof the pollution of the sea.

Fields of interest

European Law/Public International Law; Environ-mental Law; International & Foreign Law; Environ-mental Economics; Terrestrial Pollution; MarineEcology

Target groups

Libraries

Type of publication

Proceedings

Due July 2007

2007. XII, 183 p. (Hamburg Studies on Maritime Affairs, Vol. 10)

Softcover

79,95 €

ISBN 978-3-540-73395-9

W. Bolewski, German Foreign Office, Berlin, Germany

Diplomacy and International Law in

Globalized Relations

Diplomacy is transforming and expanding its roleas the method of interstate relations to a general in-strument of communication among globalized soci-eties. Adapting to globalization the practice of diplo-macy is shared by non-state participants, thus be-coming privatized and popularized. With the strifefor common values, the finality of international in-teractions moves beyond national interest towardscommunitarianism. International law governing for-eign relations can be strengthened through judicialreview by national courts. Working on the interfaceof diplomacy and academia, this practitioner’s per-spective combines an insider view into innovationand change of the diplomatic process with a conciseinterdisciplinary academic analysis.

Features

Comprehensive understanding of the wideningscope of public as well as private diplomacy and itsnormative framework Practitioner’s inside view ofdiplomacy combined with interdisciplinary aca-demic analysis Recommended by Prof. Jan Melis-sen, Netherlands Institute of International Relations"Clingendael" and Prof. Thomas Risse, Free Univer-sity Berlin/Harvard University

Contents

Introduction: Practitioner’s perspective of diplo-macy.-  Part I -  Essentials ofmodern diplomacy: Diplomacy between statecraftand social science.-  Internalization ofdiplomacy or internationalization of domestic poli-cy.- From national to European Foreign Ser-vice.-  Symbolism and ritual in multilat-eral diplomacy.- Flexibility and pragmatismas response to global challenges.- Reciprocity ver-sus communitarianism.- Part II - Transformationof globalized relations and its impact on diplomacy:New participants and corporate diplomacy: symbio-sis [..]

Fields of interest

European Law/Public International Law; PoliticalScience; Interdisciplinary Studies

Target groups

National diplomatic academies (worldwide),transnational companies, junior diplomats

Type of publication

Monograph

Due April 2007

2007. VI, 147 p. Hardcover

49,95 €

ISBN 978-3-540-71100-1

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2 Law springer.com/booksellers

W.H.v. Boom, University of Rotterdam, The Netherlands; M. Fau-

re, University of Maastricht, The Netherlands (Eds.)

Shifts in Compensation between

Private and Public Systems

Why have some legal systems abandoned tort lawin some areas and replaced it with some form of no-fault compensation scheme or strict liability? Whathave been the effects? How should we evaluate these‘shifts’? Why have they not been adopted in othercountries? These questions have been the focus ofthe “Shifts in Compensation” research project andthis is the final volume in this series, addressing, onthe one hand, the issues relating to ‘shifts’ in com-pensation systems at a more general level, and on theother hand, addressing shifts in particular domains.The papers examining the shifts at a more generallevel provide a framework for the analysis of the var-ious shifts and explain the shifts towards an increas-ing use of strict liability and no-fault regimes. Towhat extent shifts in compensation can be explainedby insurance markets and their relative flexibility isalso dealt with. In addition, shifts in the specific areasof medical mishaps and disasters are also examined.

Features

Overarching analysis of tort liability and no-faultcompensation as related to other shifts in compensa-tion systems Brings together lawyers and economistsfrom various jurisdictions thus providing a multidis-ciplinary approach to tort law and alternative instru-ments

Contents

Willem H. van Boom and Michael G. Faure: Intro-ducing ‘Shifts in Compensation Between Privateand Public Systems’.- General: Anthony Ogus: Shiftsin Governance for Compensation to Damage: AFramework for Analysis; Ken Oliphant: Landmarksof No-Fault in the Common Law; Gerhard Wagner:(Un)insurability and the Choice between Market In-surance and Public Compensation Systems.- Medi-cal Mishaps: Rui Cascao and Ruud Hendrickx: Shiftsin the Compensation of Medical Adverse Events;Willem H. van Boom and Andrea Pinna: Shifts fromLiability to Solidarity: The Example of Compensa-tion of Birth [..]

Fields of interest

Civil Law; International & Foreign Law; Law andEconomics

Target groups

Practising private lawyers, policy-makers in environ-mental policy, insurers

Type of publication

Collection of essays

Due September 2007

2007. VII, 246 p. (Tort and Insurance Law, Vol. 22) Hardcover

99,95 €

ISBN 978-3-211-71553-6

W. Brugger, M. Karayanni (Eds.)

Religion in the Public Sphere: A

Comparative Analysis of German,

Israeli, American and International

Law

How closely correlated should church and state be?May a state recognize or dignify the role and mean-ing of religion at all, and if so can it treat different re-ligious groups differently? This book intends to an-swer these questions through a portrayal and com-parison of various legal orders including those ofGermany, Israel, France and the USA. Some authorsconsider the issue of “church and state” from an in-ternational law perspective. The analyses are struc-tured from both a state-institutional as well as froma fundamental rights and human rights perspective.Here the religious and secular freedoms are broughtinto focus. Whether, and how, these church-and-state aspects vary within divergent modern state con-texts – and how they transnationally evolve – is alsodiscussed.

Fields of interest

International & Foreign Law; European Law/PublicInternational Law; Religion

Target groups

Libraries

Type of publication

Proceedings

Due June 2007

2007. XVI, 467 p. (Beiträge zum ausländischen öffentlichen Recht

und Völkerrecht, Vol. 190) Hardcover

89,95 €

ISBN 978-3-540-73355-3

E. Colcera, Fosso, Venice, Italy

The Market for Corporate Control in

Japan

M&As, Hostile Takeovers and Regulatory Framework

This book analyzes the modern trend in the JapaneseM and A market and reveal from different angles theprocess of convergence to a new monitoring mod-el of the corporation: "the market for corporate con-trol". A prima facie verification is based on the exam-ination of the evolution of the M and A environmentin the last twenty years including statistics, analy-sis of cultural and structural impediments, and eco-nomic-political reforms. Then, the analysis of sev-enteen cases of hostile takeover and of the processof transformation of the regulatory framework gov-erning takeovers related legal issues particularly fo-cused on the important METI-MOJ Guidelines of2005, will further corroborate the final argument. In-side the academic debate of theories of convergenceand path-dependence, the conclusions of the authorultimately support the hypothesis that the Japanesecorporate control has converged to a "hybrid Ameri-canized version of the model of market for corporatecontrol". Dr. Colcera's book is based on [..]

Features

First English study on Japanese corporate acqui-sitions and the market for corporate control sincemore than 15 years Systematic survey of all relevanteconomic and legal information in this field Wideseries of data collected and analysis of the regulato-ry framework Analysis of 17 recent cases of hostiletakeover

Fields of interest

International & Foreign Law; Management

Target groups

Advocats, consultants, manager, libraries (law, busi-ness)

Type of publication

Monograph

Due August 2007

2007. XVIII, 387p., 10 illus Hardcover

119,95 €

ISBN 978-3-540-71587-0

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springer.com/booksellers Law 3

D. Coskun, Radboud University of Nijmegen, The Netherlands

Law as Symbolic Form

Ernst Cassirer and the Anthropocentric View of Law

Jurisprudence, according to Cassirer, is not merelythe systematic, conceptual pursuance of ethics. Theyare separate domains for Cassirer, and both directtheir claims differently on the individual. Whereasethics concerns the motives of the individual, lawultimately achieves a cosmos for our world of out-ward actions. However, they are not separated by aneutral line or a vacuum. For law to have effect as asymbolic form it is necessary that it reflects the lawin the mind of people i.e., that one could and oughtto have assented to it out of ethical principles andmaxims. The conceptual analysis of law goes handto hand with its genetic account. Both ethics and laware products of, spring forth from the formative orsymbolic powers of man, and although, as any oth-er symbolism, they might confront us as somethingobjective, i.e., as part of reality that is beyond our im-mediate reach, ultimately we must always bring themto account to their very source: our independent andindividual moral [..]

Features

Synthesizes a vast amount of current Cassirer-litera-ture and makes a contribution to jurisprudence Firstsystematic elaboration on law as a symbolic formSheds new lights on a still dark area of intellectualand jurisprudential thought New insights relevantfor the Kelsen debate, in particular re the question oflegal validity and its foundational underpinning

Contents

From the contents Introduction. Part I: Cassirer asa Public Person. 1: What was Cassirer’s public en-gagement with Weimar? 2: Cassirer and Heideg-ger. An Intermezzo on Magic Mountain (1929). 3:Cassirer in Exile: An Essay in the Recovery of In-dividual Moral Judgment. 4: The Politics of Myth.Cassirer’s Pathology of the Totalitarian State.- PartII: Law as Symbolic Form. 5: What is the Philoso-phy of Symbolic Forms? 6: What is Law as Symbol-ic Form? 7: The linguistic turn of social contract the-ory.- Part III: Assessment: Cassirer in Context. 8:What is Cassirer’s Position Relative to [..]

Fields of interest

Law Theory/Law Philosophy; Interdisciplinary Stud-ies; Philosophy of Law; Political Science

Target groups

Specialists in the fields of legal theory, legal philoso-phy, and its history; cassirer-scholarship

Type of publication

Monograph

Due July 2007

2007. XII, 381 p. (Law and Philosophy Library, Vol. 82) Hardcover

89,95 €

ISBN 978-1-4020-6255-1

N.J. Dorans, Educational Testing Service, Princeton, NJ, USA; M.

Pommerich, Monterey Bay Defense Manpower Data Center, Sea-

side, CA, USA; P.W. Holland, Educational Testing Service, Prince-

ton, NJ, USA (Eds.)

Linking and Aligning Scores and

Scales

The comparability of measurements made in dif-fering circumstances by different methods and in-vestigators is a fundamental pre-condition for allof science. Successful applications of technology re-quire comparable measurements. While the applica-tions herefocus on educational tests, score linkingissues are directly applicable to medicine and manybranches of behavioral science. Since the 1980s, thefields of educational and psychological measurementhave enhanced and widely applied techniques forproducing linked scores that are comparable. The in-terpretation attached to a linkage depends on howthe conditions of the linkage differ from the ideal.In this book, experts in statistics and psychometricsdescribe classes of linkages, the history of score link-ings, data collection designs, and methods used toachieve sound score linkages. They describe and crit-ically discuss applications to a variety of domains in-cluding equating of achievement exams, linkages be-tween computer-delivered exams and [..]

Features

Define what linking is, to distinguish among the va-rieties of linking and to describe different procedurefor linking Convey the complexity and diversity oflinking by covering different areas of linking andproviding diverse perspectives Written by experts inthe field of testing

Contents

Overview.- A framework and history for score link-ing.- Data collection designs and linking procedures,Michael J. Kolen.- Equating: best practices and chal-lenges to best practices, Nancy S. Petersen.- Practi-cal problems in equating test scores: a practioner'sperspective, Linda L. Cook.- Potential solutions topractical equating issues, Alina A. von Davier.- Scorelinking issues related to test content changes, JinghuaLiu and Michael E. Walker.- Linking scores derivedunder different modes of test administration, DanielR. Eignor.- Tests in transition: discussion and syn-thesis, Robert [..]

Fields of interest

Statistics for Social Science, Education, Public Policy,and Law; Assesment, Testing & Evaluation; Psycho-logical Methods/Evaluation; Psychometrics

Target groups

Researchers, practitioners

Type of publication

Monograph

Due July 2007

2007. XX, 396 p. (Statistics for Social and Behavioral Sciences)

Hardcover

54,95 €

ISBN 978-0-387-49770-9

M. Faure, University of Maastricht; A. Verheij, Lawyer, The

Netherlands (Eds.)

Shifts in Compensation for

Environmental Damage

This volume examines the shifts in the compensa-tion of environmental damage between private andpublic systems. Recent developments at both the Eu-ropean and international level are presented witha focus on the shifts relating to the compen-sation of oil pollution, damage arising as a result ofnuclear accidents and soil pollution in particular le-gal systems (Belgium, the Netherlands, Germanyand the U.S.A.). Attention is also paid to shifts be-tween various levels of government as far as com-pensation for environmental damage is concerned.The authors discuss the nature of the particular shiftand examine whether the shift is always from pri-vate law to public funding. The reasons for the in-troduction of the shifts and their effects are also ex-amined as well as the consequences of the variousshifts in the oil pollution regime from an economicperspective. New developments, such as theshift towards voluntary compensation schemes andenvironmental damage insurance, are presented and[..]

Features

- examines the shifts in the compensation of envi-ronmental damage between private and public sys-tems - offers many supporting practical examples

Contents

From the contents:Introduction (M. Faure, A. Ver-heij).- Shifts in Governance: Soil Pollution (A. Ver-heij).- A Shift toward Alternative CompensationMechanisms for Environmental Damage? (M. Fau-re).- Shifts in Compensation for EnvironmentalDamage: From Member States to Europe (K. DeSmedt).- Shifts in Governance: Oil Pollution (A.Verheij).- Shifts in Governance in the Internation-al Regime of Marine Oil Pollution Compensation:A Legal History Perspective (H. Wang).- MaritimeOil Pollution: an Empirical Analysis (R. Hendrickx).-Shifts in Governance in Compensation for NuclearDamage. 20 [..]

Fields of interest

Civil Law; International & Foreign Law

Target groups

Practising private lawyers, policy-makers in environ-mental policy, insurers

Type of publication

Collection of essays

Due September 2007

2007. XII, 338 p. (Tort and Insurance Law, Vol. 21) Hardcover

109,95 €

ISBN 978-3-211-71551-2

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4 Law springer.com/booksellers

R.M. Hilty, Max Planck Institute for Intellectual Property, Munich,

Germany; F. Henning-Bodewig, Max Planck Institute for Intellec-

tual Property, Munich, Germany (Eds.)

Law Against Unfair Competition

Towards a New Paradigm in Europe?

While almost all countries agree that commercialpractices shall be fair, the approach to ensure thisfairness can be quite different. At the European lev-el no real harmonisation could be reached yet. How-ever, the enlargement of the EU could help to over-come the existing difficulties. The book discusses theparticular approach to unfair competition law in the10 new Member States and the possible impact onthe future development of European unfair competi-tion law.

Features

New insight in the importance of unfair competitionlaw, esp. in countries with a developing market econ-omy The present state of harmonisation of unfaircompetition law in Europe

Contents

Hilty, R.M.: The Law Against Unfair Competitio-nand Its Interfaces.- Henning-Bodewig, F.: Interna-tional Unfair Competition Law.- HöppergerM.; Senftleben, M.: Protection Against Unfair Com-petition at the International Level – The Paris Con-vention, the 1996 Model Provisions and the Cur-rent Work of the World Intellectual Property Or-ganisation.-  Glöckner, J.: The LawAgainst Unfair Competition and the EC Treaty.- Glöckner, J.: The ECJ’s Case Law on UnfairCompetition.- Henning-Bodewig, F.: Secondary Un-fair Competition Law.- Schuhmacher, W.: The Un-fair Commercial [..]

Fields of interest

International & Foreign Law; European Law/PublicInternational Law; European Integration; PoliticalScience

Target groups

Lawyers (researchers, attorneys), politicans, Euro-pean institutions

Type of publication

Monograph

Due July 2007

2007. X, 271 p. (MPI Studies on Intellectual Property, Competi-

tion and Tax Law, Vol. 1) Hardcover

79,95 €

ISBN 978-3-540-71881-9

D. Jansen, German Research Institute for Public Administration,

Speyer, Germany (Ed.)

New Forms of Governance in

Research Organizations

Disciplinary Approaches, Interfaces and Integration

Higher education and research institutions are con-fronted with changing and sometimes contradic-tory claims from state, industry and society, today.They have to face growing volatility and an accelera-tion and internationalization of the knowledge pro-cess. This book undertakes to develop a sector spe-cific theory of governance of the public research sec-tor and applies it to the German research system.The book is the outcome of a large interdisciplinaryproject. It analyzes the reforms in the German re-search system from an integrated perspective of law,economics and social sciences. The case of Germanyis compared to reforms in other European coun-tries such as Austria, the Netherlands and the Unit-ed Kingdom. The study emphasizes an integrated ap-proach considering the research function of universi-ties as well as the non-university research sector. Thefocus is on the integration of external and internalgovernance. First, we pose the question how externalcompetition and control mechanisms do [..]

Features

Integrates legal and social science approaches to gov-ernance Comparative analysis of the governance ofHigher Education and Research Systems Developsa comparative tool, the "governance equalizer" Cov-ers the multi-level characteristics of research sys-tems and their governance patterns Tests empiri-cally prominent theses on the new dynamics of sci-ence (such as "mode 2 of knowledge production" and"triple helix" [..]

Fields of interest

Public Law; R & D/Technology Policy; Busi-ness/Management Science, general; Political Science;Sociology

Target groups

Practitioners and scholars in Higher Education Stud-ies, Management of Higher Education, Research andInnovation Management, Science and TechnologyStudies, Science and Technology Policy, Governanceand Governance Theory, New Public Management

Type of publication

Contributed volume

Due March 2007

2007. XIX, 242 p. Hardcover

79,95 €

ISBN 978-1-4020-5830-1

S. Klosse, University of Maastricht, The Netherlands; T. Hartlief,

University of Maastricht, The Netherlands (Eds.)

Shifts in Compensating Work-

Related Injuries and Diseases

Inspired by developments mirroring shifts in the le-gal basis for compensating damage from civil law topublic funding and vice versa, this book examinesthe developments in compensation systems for dam-age arising from work-related injuries and diseases.The shifts which have occurred in this area in Ger-many, England, Belgium and the Netherlands arethe subject of this volume. The shifts in the legal doc-trine, legislation and the case law of these countrieswill first be mapped from a historical and compara-tive perspective, with the aim of discovering the pre-cise nature of the given shifts. Subsequently the shiftswill be analysed and explained on the basis of the le-gal history so as to comprehend the reasons behindthe shifts. Finally, the effects of the shifts willbe examined. Did the shifts have the desired effectsor did other, perhaps unexpected, effects arise andif so why and in what form? An economic analysisof law will be included to provide an answer to thesequestions.

Features

Most recent developments in Germany, Belgium,England and the Netherlands in the field of compen-sating work-related injuries and diseases

Fields of interest

Civil Law; International & Foreign Law; Law andEconomics

Target groups

Practising private lawyers, policy-makers in environ-mental policx, insurers, researchers

Type of publication

Collection of essays

Due September 2007

2007. IX, 236 p. (Tort and Insurance Law, Vol. 20) Hardcover

89,95 €

ISBN 978-3-211-71555-0

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springer.com/booksellers Law 5

P. Knoepfel, IDHEAP, Chavannes, Switzerland

Environmental Policy Analyses

Learning from the Past for the Future - 25 Years of Research

There is no doubt that environmental policies havedeveloped enormously from the beginning of theeighties up until now. These policies have served asa test ground for many policy concepts, which havebeen implemented in other areas since the beginningof the nineties: in evaluation, monitoring, implemen-tation improvement schemes, contracting or redis-tribution. They opened up the way for new insightsinto the field of multilevel governance, new admin-istrative arrangements and – more recently – the re-discovery of property and use rights as well as glob-al and individual quota-regimes. This evolution hasbeen closely documented by policy scientists andtheir work has occasionally greatly influenced ongo-ing governmental practice as well as the evolutionof analytical frameworks and skills of policy scienceas a whole. This book, written by a practice-orientedpolitical scientist, together with the teachers and re-searchers from various universities in Europe and therest of the world is a testimony to [..]

Features

The book deals with the development of public pol-icy analyses and general aspects of environmentalpolicies

Contents

Classics - still valid?.- Institutional Change.- Emer-gence of New Analytical Concepts.- New Readingsfor the 3rd Millenium.

Fields of interest

Environmental Management; Environmental Law;Environmental Computing/Environmental Mod-elling

Target groups

Social scientists (especially policy scientists) in(Bologna) master programmes, researchers (for PhDtheses), civil servants from the environmental pol-icy field, NGO-representatives and consultants inthe field of environmental policy, environmentaladministrations' (reforms) and policy planning

Type of publication

Monograph

Due July 2007

2007. XII, 506 p. 41 illus. (Environmental Science) Hardcover

149,95 €

ISBN 978-3-540-73148-1

K.M. Koppenhaver, Forensic Document Examiners, Joppa, MD,

USA

Forensic Document Examination

Principles and Practice

Forensic Document Examination introduces thereader to the basic principles of handwriting and thefactors that affect their development. The book dis-cusses the basic concept of the characteristics of writ-ing that are compared when making an identificationor elimination of a writer. In addition, readers willbe able to recognize the signs of forgery and disguiseand to distinguish between simulation and disguise.

Features

Evolution of the written word and history of doc-ument examination Principles of handwriting andhandwriting identification Detection of forged andcounterfeit documents Equipping a document labo-ratory and preparing reports Identifying check andcredit card fraud Examining seals, stamps, paper fas-teners, writing instruments

Contents

Evolution of the Written Word.- Principles of Hand-writing.- Factors that Cause Changes in Handwrit-ing.- Handprinting and Numerals.- History of Doc-ument Examination.- Forgery.- Other Types ofFraud.- Equipping a Laboratory.- Care and Handlingof Documents.- Standards of Comparison.- System-atic Examination of Handwriting.- Master Pattern.-Detecting Fraudulent Documents.- Weighing theEvidence.- Preparing Reports.- Alteration of Docu-ments.- Disguised Writing.- Disguise Versus Simula-tion.- Check and Credit Card Fraud.- Paper.- Writ-ing Instruments.- Seals, Stamps, and Paper.- Type-writers [..]

Fields of interest

Forensic Medicine; Law, general

Target groups

Forensic scientists, lawyers

Type of publication

Monograph

Due June 2007

2007. XVI, 315 p. 85 illus. Hardcover

59,95 €

ISBN 978-1-58829-743-3

D. Kucera, International Labour Office, Geneva, Switzerland (Ed.)

Qualitative Indicators of Labour

Standards

Comparative Methods and Applications

Recent years have witnessed a rapidly growing in-terest in the use and construction of "qualitative" in-dicators of labour standards. Qualitative indicators,while generally having numerical values, are basedon such methods as grading by experts, the codingof legislation, and the coding of other textual sourcesaddressing violations of a more de facto nature. Mea-suring compliance with labour standards is an un-dertaking intrinsically fraught with difficulty. Forthere are a number of possible sources of measure-ment error, both random and non-random, that areunique to such indicators, on top of those that af-fect qualitative and quantitative indicators alike. Thegrowing use of qualitative indicators of labour stan-dards thus raises a number of questions about com-parative methods of construction as well as the ap-propriateness of particular methods for particularapplications. This volume results from a seminar thatwas organized to address these and related questions.

Features

The only existing volume that brings together pa-pers describing a wide range of alternative meth-ods of constructing qualitative indicators of labourstandards Provides a unique comparative critiqueof strengths and limitations of different methods ofconstructing qualitative indicators of labour stan-dards with reference to different applications Bringstogether leading academic experts with ILO expertsas [..]

Contents

From the contents Introduction and Overview.-Indicators of Labour Standards: An Overview andComparison.- Country-level Assessments of LaborConditions in Emerging Markets: An Approach forInstitutional Investors.- Decent Work, Standards andIndicators.- The Quantification of Respect for Select-ed Core Labor Standards: Towards a Social Develop-ment Index?.- Measuring Trade Union Rights by Vi-olations of These Rights.- Taking Labour Laws to theDomestic Dentist: Measuring Countries' Compliancewith International Labour Non-discrimination Stan-dards.- Towards an Index of Core Rights Gaps.- [..]

Fields of interest

Social Sciences; International & Foreign Law; Statis-tics for Social Science, Education, Public Policy, andLaw; Law and Economics

Target groups

Researchers interested in the determinants and im-pacts of labour standards as well as the relationshipsamong different aspects of labour standards, such asthe effect of de jure on de facto standards; social sci-entists interested in construction and application ofsocial indicators; policy makers interested in moni-toring developments in labour standards

Type of publication

Contributed volume

Due May 2007

2007. V, 296 p. (Social Indicators Research Series, Vol. 30) Hard-

cover

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6 Law springer.com/booksellers

84,95 €

ISBN 978-1-4020-5200-2

N. Lagoni, Max-Planck-Institut für ausländisches und interna-

tionales Privatrecht, Hamburg, Germany

The Liability of Classification

Societies

Classification societies are discharging various func-tions in the interest of flag States and shipowners.They are important actors in the system of maritimesafety. Because the liability of shipowners is limited,classification societies have been considered as ex-empt from liability for a long time – and in severaljurisdictions this view still prevails. This study analy-ses which actions of classification societies may giverise to claims and whether or not the societies can beheld liable under English, German or United Statesmaritime law. Moreover, the fundamental aspects ofan international convention on the limitation of theliability of classification societies are developed.

Contents

From the contents Factual Situation and Legal Foun-dations.- The Classification of Vessels.- Private Op-erations and Public Functions in Detail.- Non-Dele-gable Duty of the Shipowner to Make the Vessel Sea-worthy and Presumption of Unseaworthiness.- Le-gal Analysis.- Private Functions: The Protection ofContracting Parties.- Private Functions: Liability To-wards Third Parties.- Public Functions.- A Conven-tion on the Limitation of Liability of ClassificationSocieties.- The Limitation of Liability in Shipping.-Limitation of Liability under the Current System ofLimitations.- Justifications of [..]

Fields of interest

International & Foreign Law; Commercial Law; Eu-ropean Law/Public International Law

Target groups

Institutes for maritime and transport law, classifica-tion societies, assurance companies, law firms, ship-ping companies, libraries

Type of publication

Monograph

Due June 2007

2007. XXII, 377 p. (Hamburg Studies on Maritime Affairs, Vol. 9)

Softcover

89,95 €

ISBN 978-3-540-72915-0

P. Lavallée, Statistics Canada, Ottawa, ON, Canada

Indirect Sampling

Following the classical sampling theory, the surveystatistician selects samples of people, businesses orothers, in order to obtain the desired information.Drawing the samples is usually done by randomly se-lecting from a list representing the target population.In practice, this list is often not available. At best, thestatistician only has access to a different list, indi-rectly related to the targeted population. The exam-ple of a survey of children where the statistician on-ly has a list of adult persons is a typical case. In thiscase, the statistician first draws a sample of adults,and for each selected adult, the statistician then iden-tifies his/her children. The survey is done from thelatter. This is what is called indirect sampling. Whenindirect sampling is used jointly with the samplingof clusters of persons (families, for example), manycomplications arise for the survey statistician. One ofthe complications relates to the computation of theestimates from the survey. The production [..]

Features

Parameters are estimated by not sampling the targetpopulation, but another population that is linked tothe target one The proposed approach offers elegantand practical solutions

Contents

Introduction.- Description and use of the GWSM.-Literature review.- Properties.- Other generalisa-tions.- Application to longitudinal surveys.- GWSMand calibration.- Non-response.- GWSM and recordlinkage.- Conclusion.

Fields of interest

Statistics for Social Science, Education, Public Policy,and Law; Statistical Theory and Methods; PopulationEconomics; Quality of Life Research; Demography;Methodology of the Social Sciences

Target groups

Statisticians

Type of publication

Monograph

Due May 2007

2007. XVI, 256 p. (Springer Series in Statistics) Hardcover

59,95 €

ISBN 978-0-387-70778-5

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springer.com/booksellers Law 7

U. Linderfalk, Lund University, Sweden

On the Interpretation of Treaties

The Modern International Law as Expressed in the 1969 Vien-

na Convention on the Law of Treaties

Traditionally, the substance of Articles 31-33 hasbeen described by reference to the various means ofinterpretation enumerated in said provisions, and lit-tle more than that. As argued in this book, more de-tail is required. On closer inspection, not only doesthe Vienna Convention provide information on theinterpretation data (or means of interpretation) tobe used by appliers when interpreting a treaty pro-vision. It also instructs the appliers how, by usingeach datum, they shall argue to arrive at a conclusionabout the meaning of the interpreted provision; and,to some extent, it determines the weight that differ-ent data of interpretation shall be afforded when ap-pliers discover that, depending on the specific datumthey bring to bear on the interpretation process, theconclusion arrived at will be different. Hence, theregime laid down in VCLT Articles 31-33 will haveto be described as a system of rules. This book inves-tigates the contents and structure of this system. Byimporting knowledge [..]

Features

The first comprehensive account of the modern in-ternational law of treaty interpretation expressed in1969 Vienna Convention, Articles 31-33 As statedby the anonymous referee, it is the most theoretical-ly advanced and analytically refined work yet accom-plished on this topic The style of writing is clear andconcise For the international lawyer, the law of treatyinterpretation is a matter of constant [..]

Contents

List of contents. List of abbreviations. Table of cases.List of treaties. 1. Introduction. 2. The Concept of aRule of Interpretation. 3. Using Conventional Lan-guage (“The Ordinary Meaning”). 4. Using the Con-text: The “Text” of a Treaty. 5. Using the Context:the elements set out in VCLT art. 31 § 2 (A) och (B).6. Using the context: the elements set out in VCLTart. 31 § 3. 7. Using the Object and Purpose. 8. Usingthe supplementary means of interpretation. 9. Usingthe supplementary means of interpretation (cont’d).10. The relationships between different means of in-terpretation. 11. [..]

Fields of interest

European Law/Public International Law; Law The-ory/Law Philosophy; International & Foreign Law;General Law/Fundamentals

Target groups

Scholars in the fields of international law or legalphilosophy; legal practitioners with a professionalconcern for treaty interpretation issues

Type of publication

Monograph

Due September 2007

2007. XXIV, 416 p. (Law and Philosophy Library, Vol. 83) Hardcov-

er

89,95 €

ISBN 978-1-4020-6361-9

S.M. Lynch, Princeton University, Princeton, NJ, USA

Introduction to Applied Bayesian

Statistics and Estimation for Social

Scientists

"Introduction to Applied Bayesian Statistics and Es-timation for Social Scientists" covers the completeprocess of Bayesian statistical analysis in great detailfrom the development of a model through the pro-cess of making statistical inference. The key featureof this book is that it covers models that are mostcommonly used in social science research - includingthe linear regression model, generalized linear mod-els, hierarchical models, and multivariate regressionmodels - and it thoroughly develops each real-dataexample in painstaking detail. The first part of thebook provides a detailed introduction to mathemati-cal statistics and the Bayesian approach to statistics,as well as a thorough explanation of the rationale forusing simulation methods to construct summariesof posterior distributions. Markov chain Monte Car-lo (MCMC) methods - including the Gibbs samplerand the Metropolis-Hastings algorithm - are then in-troduced as general methods for simulating samplesfrom distributions. Extensive [..]

Features

First book written at an introductory level for socialscientists interested in learning about MCMC

Contents

Introduction.- Probability theory and classical statis-tics.- Basics of Bayesian statistics.- Modern model es-timation part 1: Gibbs sampling.- Modern model es-timation part 2: Metroplis-Hastings sampling.- Eval-uating MCMC algorithms and model fit.- The linearregression model.- Generalized linear models.- In-troduction to hierarchical models.- Introduction tomultivariate regression models.- Conclusion.

Fields of interest

Methodology of the Social Sciences; Statistics for So-cial Science, Education, Public Policy, and Law; De-mography

Target groups

Social scientists

Type of publication

Monograph

Due August 2007

2007. XXVIII, 357 p. (Statistics for Social and Behavioral Sciences)

Hardcover

59,95 €

ISBN 978-0-387-71264-2

G.P. Macey, University of Virginia, Charlottesville, VA, USA; J.Z.

Cannon, University of Virginia School of Law, Charlottesville, VA,

USA (Eds.)

Reclaiming the Land

Rethinking Superfund Institutions, Methods and Practices

Features

Fills a clear void in the available literature for super-fund site management, teaching and research

Fields of interest

Environmental Management; Environmental Law;Landscape/Regional and Municipal Planning; Envi-ronmental Economics

Target groups

Practitioners such as lawyers, engineers, consultants,government officials, and undergraduates and mas-ters students in environmental science, policy, andengineering, urban studies and planning, sociology,and environmental law

Type of publication

Contributed volume

Due April 2007

2007. XVII, 305 p. Hardcover

69,95 €

ISBN 978-0-387-48856-1

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8 Law springer.com/booksellers

B. Markesinis, Middleton Stoney House, Oxon, UK

Good and Evil in Art and Law

An Extended Essay

People complain about our system of justice andhow it deals with villains. If it is not the governmentcomplaining about how lenient judges are, it is thePress whining about inadequately punished rapistsor the premature release of prisoners. There are al-so frequent calls for more criminals to be commit-ted to prison and predictions of an apocalypse if thelaw continues to strive for balanced solutions. Thisis an interdisciplinary essay. It looks at art and espe-cially literature in juxtaposition with law and specu-lates how the two disciplines approach, in their sep-arate but inter-related ways, the notions of "good"and "evil". Full of detail, it examines how the two dis-ciplines deal with these notions, why the evil-doeris often agrandicized in literature but is base in reallife and how good and evil change with time. Thoughone discipline cannot influence the reasoning pro-cess of the other, this book, addressed to the generaleducated reader, is a plea for a broader humanisticeducation.

Features

Examines the cardinal notions of good and evil thatdominate law, art, and literature First, specific, com-parative, and scholarly approach, arguing that whatis good or evil can change depending upon the per-spective (political, moral, religious, aesthetic) chosenand the time when these notions are judged Empha-sizes how nuanced and relative both the notions areInvites the reader to question such widely held [..]

Contents

From the contents Setting the Scene.- Six Figures:Real and Imaginary.- The Appeal of the Characters.-Just Deserts?.- Some Technical Reasons for the Dif-ferences.- The "Flawless” Hero.- Controlling People’sThoughts.- Joining up the dots.- Worksreferred to this book.- Index of names.- A few wordsabout the author.

Fields of interest

Law Theory/Law Philosophy; Philosophy of Law;ARTS

Target groups

Researchers, students, the interested layman

Type of publication

Monograph

Due March 2007

2007. XIII, 264 p. With 8 colour plates. Softcover

34,95 €

ISBN 978-3-211-49918-4

M. Mütze, Mütze Korsch Rechtsanwaltsgesellschaft mbH,

Düsseldorf; Th. Senff, Mütze Korsch Rechtsanwaltsgesellschaft

mbH, Düsseldorf; J.C. Möller, Mütze Korsch Rechtsanwaltsge-

sellschaft mbH, Düsseldorf (Eds.)

Real Estate Investments in Germany

Transactions and Development

The real estate market in Germany is on the move.Not only are major real estate portfolios changinghands but a considerable number of small portfo-lios and individual properties are also being devel-oped and sold. Against this backdrop, this publica-tion provides investors and project developers withpractical explanations of the legal, tax and economicrequirements surrounding real estate investments inGermany.

Features

Concise and relevant legal advice to manage andevaluate real estate projects or transactions in Ger-many

Contents

Zoning Law.- Building Regulations.- ProfitabilityAspects of the Investment.- Financing and Securi-ties.- Purchase Contract.- Design and Project Man-agement.- Construction Contract.- Lease Agree-ments.- Facility Management.- Public Procurementand PPP.- German Tax Environment of Real Es-tate.- Taxation along the Life Cycle of an Invest-ment.- Open-End and Closed-End Funds and RealEstate.- Verordnung über Grundsätze für Ermittlungder Verkehrswerte von Grundstücken (Wertermit-tlungsverordnung - WertV).- Vergabe- und Vertrag-sordnung für Bauleistungen (VOB) Teil B.

Fields of interest

International & Foreign Law; Management; Com-mercial Law

Target groups

Foreign investors, project developers, attorneys, con-sultants

Type of publication

Monograph

Due June 2007

2007. XXV, 362 p. Hardcover

69,95 €

ISBN 978-3-540-72178-9

N. Persak, University of Ljubljana, Slovenia

Criminalising Harmful Conduct

The Harm Principle, its Limits and Continental Counterparts

What are the limits to criminalisation? Is insultharmful or just offensive? What is wrong with crimi-nalising disrespect to state symbols? Should criminalcodes be moral codes? This book addresses the issueof legitimate criminalisation in a modern liberal soci-ety. It argues that criminalisation, as one of the mostintrusive state interventions into the autonomoussphere of the individual, should be limited by nor-mative principles, defining the substance of what canbe legitimately proscribed. In part, it is a comparativestudy between two major criminal legal systems (itstheories), the Anglo-American, on one side, and theContinental criminal legal system of Germanic le-gal circle, on the other. Moreover, the book exploresa model structure of the ideal criminalisation in re-spect of the principles and other criteria that shouldbe followed to render the outcome justifiable. Themodel‘s central element is the Anglo-American prin-ciple called the ‘harm principle’, which is elaboratedupon, its main [..]

Features

Moves beyond analytical and descriptive Introducesa substantive principle of criminalisation into theContinental criminal legal theory The only compara-tive (Anglo-American v. Continental) book on crim-inalisation in English

Contents

From the contents I. Introduction.- II. Criminal-isation.- III. Grounds for (Principles of) Crimi-nalization.- IV. Harm Principle – A ComparativeAnalysis.- V. Continental Counterparts to the An-glo-American Concept of the Harm Principle.- VI.Conclusion – Final Evaluation.- VII. Some Crimino-logical Afterthoughts.- VIII. Bibliography.

Fields of interest

Criminology & Criminal Justice; Criminal Law; LawTheory/Law Philosophy

Target groups

Legal scholars interested in Criminology, CriminalLaw and Legal Philosophy

Type of publication

Monograph

Due March 2007

2007. XV, 153 p. Hardcover

76,95 €

ISBN 978-0-387-46403-9

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P.W.B. Phillips, University of Saskatchewan, Saskatoon, SK, Cana-

da; C.B. Onwuekwe, University of Calgary, AB, Canada (Eds.)

Accessing and Sharing the Benefits

of the Genomics Revolution

There is a veritable gold rush mentality in the life sci-ence world as scientists, entrepreneurs and multina-tionals are staking claims to the ‘code of life’ embod-ied in the world’s current stock of plants, animals,microbes and human populations. This edited vol-ume explores the legal, economic and political con-text for the debate about intellectual property rightsfor traditional knowledge and genetic resources andcritically analyses the theory and practice of accessand benefits sharing efforts around the world. Thebook also investigates the current flashpoints – theDavid and Goliath battle between Monsanto andPercy Schmeiser over farmers’ rights; the disputeover coexistence of GM and organic production; andthe ownership and control of human genetic materi-als stored in human gene banks around the world.

Features

Explores the legal, economic and political contextfor the debate about intellectual property rights fortraditional knowledge and genetic resources Inves-tigates the current flashpoints: the battle betweenMonsanto and Percy Schmeiser over patented seeds,the dispute over coexistence of GM and organic pro-duction; and the ownership and control of humangenetic materials Critically analyses the theory and[..]

Contents

Contributors. Acknowledgements.- Part One: Ac-cess And Benefits Sharing In Context. Introductionto Access to Benefit Sharing.- Part Two: SharingThe Benefits Of Inventions, PGR’s And TraditionalKnowledge.The Ideology of the Commons and Prop-erty Rights. Farmers' Privilege and Patented Seeds.Traditional Knowledge and Benefit Sharing: FromCompensation to Transaction. Biological Resourcesand Intellectual Property Rights: Impacts on Indige-nous and Local Communities. Lost in Transition?The Rhetoric of International Law, Protection of In-digenous Peoples' Knowledge and the Omnipresent[..]

Fields of interest

Ethics; Law Theory/Law Philosophy; Life Sciences,general

Target groups

Scholars in law, economics, agricultural economics,sociology, political science and science/technolo-gy/society, especially in issues of patents, plant genet-ic resources, ethics of IPRs and indigenous studies;policy institutes and actors across the world, IFPRIand IPGRI, the Cartagena Protocol on Biosafety, theWorld Intellectual Property Office, UN agencies; na-tional government agencies directed at understand-ing and participating in the policy area, NGOs andactivists

Type of publication

Contributed volume

Due July 2007

2007. IX, 211 p. (The International Library of Environmental, Agri-

cultural and Food Ethics, Vol. 11) Hardcover

99,95 €

ISBN 978-1-4020-5821-9 J.J.d. Plessis, Deakin University, Geelong Victoria, Australia; B.

Großfeld, Muenster, Germany; C. Luttermann, Catholic University

of Eichstaett-Ingolstadt, Ingolstadt, Germany; I. Saenger, Univer-

sity of Muenster, Germany; O. Sandrock, Muenster, Germany

German Corporate Governance in

International and European Context

The main aim with this book is to provide Englishspeaking readers with a comprehensive overview ofthe German corporate governance model. The au-thors introduce the reader to the unique features ofthe German Business and Enterprise Law. The bookdeals with the most important company organs,namely the General Meeting, the Management Boardand the Supervisory Board. The unique interplayamong these organs are also covered and the readeris introduced to the particular dynamics of the Ger-man two-tier board structure. Further the authorsdeal with the dominant role of the "German banks"and new players in the German financial markets,focussing particularly on voting rights of these insti-tutions at companies' general meetings and appoint-ing members to companies' supervisory boards. Thefinal chapter gives an overview of corporate gover-nance in the European Union, the OECD Principlesof Corporate Governance and corporate governancein the US, the UK and Australia.

Features

Understanding the German corporate governancemodel in International and European context Proba-bly one of the most comprehensive works in Englishavailable on the German corporate governance mod-el

Contents

An Overview of German Business or EnterpriseLaw.- An Overview of the Corporate GovernanceDebate in Germany.- The General Meeting and theManagement Board as Company Organs.- The Su-pervisory Board as Company Organ.- The GermanSystem of Supervisory Codetermination by Employ-ees.- The Impact of European Development on Ger-man Codetermination.- Accounting as the Docu-mentary Proof of Good Corporate Governance.- TheDominant Role of the German Banks and New Play-ers in the German Financial Sector.- Corporate Gov-ernance in the EU, the OECD Principles of Corpo-rate Governance and Corporate [..]

Fields of interest

Commercial Law; International & Foreign Law;Management

Target groups

Graduates/lawyers in companies, advocates

Type of publication

Graduate/advanced undergraduate textbook

Due June 2007

2007. XIII, 276 p. Hardcover

49,95 €

ISBN 978-3-540-71186-5

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M. Sellers, University of Baltimore, MD, USA (Ed.)

Autonomy in the Law

Autonomy in the Law considers one of the most im-portant benefits of the rule of law. Juxtaposing Eu-ropean and American conceptions of autonomy inthe law of families, capital punishment and, crimi-nal trials reveals the common values that justify alllegal systems. Law protects the autonomy of individ-uals and associations by defending the boundaries oftheir own self-rule. This book illuminates the funda-mental purpose of law by examining how Europeanand American lawyers, judges and citizens do andshould apply legal autonomy to the practical circum-stances of litigation, legislation and the law.

Features

Compares European and American viewpoints Con-siders the practical applications of the value of au-tonomy Clarifies the conception of autonomy in thelaw

Contents

Preface. Notes on Contributors. An Introduction tothe Value of Autonomy in Law: M.N.S. Sellers. Au-tonomy to Choose What Constitutes Family: Oxy-moron or Basic Right?: June Carbone. Approaches toAutonomy in Capital Punishment and Assisted Sui-cide: Kandis Scott. Courts in Search of Legitimacy:the Case of Wrongful Life: Marc A. Loth. Autonomyof Defense and Defense Counsel: Philip Traest andTessa Gombeer. Checks and Balances in the Law ofInternational Organizations: Jan Klabbers.

Fields of interest

International & Foreign Law; Law Theory/Law Phi-losophy; Philosophy of Law; General Law/Funda-mentals; European Law/Public International Law

Target groups

Lawyers, law professors and law students

Type of publication

Yearbook

Due September 2007

2007. XI, 180 p. (Ius Gentium: Comparative Perspectives on Law

and Justice, Vol. 1) Softcover

39,95 €

ISBN 978-1-4020-6489-0

L. Snyder, American College of Physicians, Philadelphia, PA, USA

(Ed.)

Complementary and Alternative

Medicine

Ethics, the Patient, and the Physician

Complementary and Alternative Medicine examinesthe real-life implications of patient issues and thehealthcare system in which care is delivered. Becausecomplementary and alternative medicine (CAM)are not presently considered to be a part of conven-tional medicine, this book discusses the effect thatCAM has on patients, physicians, healthcare, andpolicymakers. Also included are the implications thatCAM has on traditional patient-physician relation-ships as well as the physician's ethical obligations onthis subject.

Features

Examines the ethical challenges that CAM rais-es for patients and their physicians, and for pa-tient-physician relationships Includes valuable pa-tient education resources on CAM Discusses legaland risk management issues in CAM Presents a for-ward-looking exploration of current and potentialethical challenges in CAM research Written by amultidisciplinary team of CAM ethics and policy an-alysts, researchers and [..]

Contents

Preface.- Lois Snyder, JD.- Contributor List and Bi-ographies.- 1. A Context for Thinking about Com-plementary and Alternative Medicine and Ethics.-2. Complementary and Alternative Medicine: Histo-ry, Definitions, and What is it Today?.- 3. Comple-mentary and Alternative Medicine: The Physician'sEthical Obligations.- 4. Advising Patients and Com-municating about Complementary and Alterna-tive Medicine.- 5. Patient and Medical Educationon Complementary and Alternative Care: Sorting itOut.- 6. Legal and Risk Management Issues in Com-plementary and Alternative Medicine.- 7. Whose Ev-idence, [..]

Fields of interest

Theory of Medicine/Bioethics; Medical Law; Ethics

Target groups

Physicians, bioethicists, lawyers, medical students

Type of publication

Contributed volume

Due May 2007

2007. XV, 241 p. (Biomedical Ethics Reviews) Hardcover

69,95 €

ISBN 978-1-58829-584-2

B. Vagadia, London, UK

Outsourcing to India - A Legal

Handbook

For the benefits offered by outsourcing and off-shoring, organisations outsourcing to India musthowever recognise that there are real risks involved,and allocating such risk through a well constructedcontract is a crucial step in minimizing such risk. Asis the case with respect to any material agreement,the structure of an outsourcing agreement is impor-tant because it embodies the rights, remedies, du-ties and obligations of the parties and provides ablueprint for the parties' relationship. When con-tracts transcend national boundaries, the nationallegal regime of any single country becomes inade-quate. When the parties to the contract are locatedin different countries, at least two systems of law im-pinge upon the transaction and the rules of Inter-national Law come into play. Clauses however ad-dressing certain issues can only be governed by Indi-an Law. Specific legal factors around Data Process-ing, Intellectual Property and staffing implications(TUPE) must also be given careful consideration.

Features

Concise, digestible and relevant legal advice to en-sure the outsourcing deal delivers on its promiseChecklist for companies to ensure critical factors areadequately addressed within their contract with theservice provider

Contents

Background and snapshot of key issues.- Outsourc-ing fundamentals.- Attitudes to outsourcing world-wide.- Selecting a outsourcing service provider.- TheIndian judicial system.- Critical contract considera-tions – jurisdiction issues.- Allocation of risk into thecontract.- Privity of contract.- Project management.-Contract discharge and methods to reduce liability.-Pricing.- Transition-in and change control.- Scope ofservices to be outsourced.- Service Level Agreement(SLA).- Contract enforcement.- Contract termina-tion procedures.- Unenforceable contract terms un-der Indian legal [..]

Fields of interest

International & Foreign Law; Management; Com-mercial Law

Target groups

Lawyers, solicitors, business and IT directors, se-nior managers within any company contemplatingoutsourcing, outsourcing suppliers, consultants andgeneral business advisors

Type of publication

Professional book

Due August 2007

2007. XIX, 208 p. Hardcover

59,95 €

ISBN 978-3-540-72219-9

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P. Wendel, Berlin

State Responsibility for

Interferences with the Freedom of

Navigation in Public International

Law

A multitude of conventions in the area of the Law ofthe Sea contains provisions on the issue of compen-sation for (wrongful) interferences with navigation.Even though interferences by warships and coastguard vessels, due to a perceived increased risk of in-ternational crimes at sea, seem to have become morefrequent, the compensation provisions have hardlybeen applied. The book analyses all relevant compen-sation provisions and compares them to the generallaw of state responsibility. This necessarily includes adiscussion of issues like the responsibility of interna-tional organizations, liability for lawful conduct andseveral and joint liability in public international law.

Contents

The perpetual conflict between freedom and secu-rity in the Law of the Sea.- Principles drawn fromthe treaty provisions on State responsibility for in-terferences with navigation on the high seas.- TheU.S. strategy: 28 bilateral treaties and the Prolifera-tion Security Initiative.- Compensation for interfer-ences in international conflicts.- Conclusions andOutlook. 

Fields of interest

European Law/Public International Law; Interna-tional & Foreign Law

Target groups

Libraries, Institutes for maritime law, assurancecompanies, shipping companies

Type of publication

Monograph

Due September 2007

2007. XVI, 286 p. (Hamburg Studies on Maritime Affairs, Vol. 11)

Softcover

79,95 €

ISBN 978-3-540-74332-3

B. Winiger, University of Geneva; H. Koziol, Research Unit for Eu-

ropean Tort Law, Vienna; B.A. Koch, University of Innsbruck; R.

Zimmermann, Max-Planck-Institut für ausländisches und interna-

tionales Privatrecht, Hamburg (Eds.)

Essential Cases on Natural

Causation

This volume of the "Digest of European Tort Law"is the first product of a most ambitious researchproject: a collection of court decisions from almostall European jurisdictions on the most fundamentalaspects of tort law. These cases are not only accumu-lated, but also structured, analysed and commentedboth from a national as well as a comparative per-spective. Historical aspects are also considered, as arefuture trends, as outlined by current projects on theharmonisation of European tort laws. This complexcomparative study shall thereby not only offer guid-ance for researching cross-border cases, but also al-low a discussion of such harmonisation projects onthe basis of real-life case settings. This first volumecovers one key aspect of tortious liability – naturalcausation. The conditio sine qua non rule is exam-ined and tested throughout all jurisdictions, in par-ticular with an eye on whether and to what extentcourts are willing to deviate from the strict conceptof this formula.

Features

First comprehensive collection of tort law cases fromalmost all European jurisdictions Essential tool forcomparing tort law in action throughout Europe

Contents

From the contents:Conditio sine qua non in Gener-al.- Damage Caused by Omission.- Preventive Ex-penses Incurred Before the Damaging Event.- Dam-age Caused by Psychological Influence.- DamageCaused by Multiple Tortfeasors.- Damage Causedby Less Than All Possibly Harmful Events: DamageCaused by Less Than All Possibly Harmful EventsOutside the Victim’s Sphere; Damage Caused byLess Than All Possibly Harmful Events, IncludingEvents or Hazard Within the Victim’s Sphere; Dam-age Caused to Less Than All Victims by a HarmfulEvent; Damage Caused to Less Than All Victims byOne or More Possibly [..]

Fields of interest

Civil Law; International & Foreign Law

Target groups

Academics and researchers, practitioners with cross-border practice, insurers, attorneys

Type of publication

Reference work

Due March 2007

2007. XXI, 632 p. (Digest of European Tort Law, Vol. 1) Hardcover

178,00 €

ISBN 978-3-211-36957-9

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K. Wolter, University of Chicago, IL, USA

Introduction to Variance Estimation

We live in the information age. Statistical surveys areused every day to determine or evaluate public policyand to make important business decisions. Correctmethods for computing the precision of the surveydata and for making inferences to the target popula-tion are absolutely essential to sound decision mak-ing. Now in its second edition, Introduction to Vari-ance Estimation has for more than twenty years pro-vided the definitive account of the theory and meth-ods for correct precision calculations and inference,including examples of modern, complex surveys inwhich the methods have been used successfully. Thebook provides instruction on the methods that arevital to data-driven decision making in business,government, and academe. It will appeal to surveystatisticians and other scientists engaged in the plan-ning and conduct of survey research, and to thoseanalyzing survey data and charged with extractingcompelling information from such data. It will ap-peal to graduate students and university [..]

Features

The book is organized in a way that emphasizes boththe theory and applications of the various varianceestimating techniques Now in its second edition, In-troduction to Variance Estimation has for more thantwenty years provided the definitive account of thetheory and methods for correct precision calcula-tions and inference, including examples of modern,complex surveys in which the methods have beenused [..]

Contents

Introduction.- The method of random groups.-Vari-ance estimation based on balanced half-samples.-The jackknife method.- The bootstrap method.- Tay-lor series methods.- Generalized variance functions.-Variance estimation for systematic sampling.-Sum-mary of methods for complex surveys.

Fields of interest

Statistical Theory and Methods; Statistics for SocialScience, Education, Public Policy, and Law; Mar-keting; Assesment, Testing & Evaluation; Monitor-ing/Environmental Analysis/Environmental Ecotoxi-cology; Demography

Target groups

Graduate students, researchers

Type of publication

Monograph

Due March 2007

2007. XIV, 447 p. (Statistics for Social and Behavioral Sciences)

Hardcover

64,95 €

ISBN 978-0-387-32917-8

P. Wouters, University of Dundee, UK; V. Dukhovny, Scientific In-

formation Center of Interstate Coordination Water Commission

Tashkent, Uzbekistan; A. Allan, University of Dundee, UK (Eds.)

Implementing Integrated Water

Resources Management in Central

Asia

The problems afflicting the Aral Sea and its envi-rons as a result of the overuse and abuse of the riversflowing into it are well documented. Until now, how-ever, it was difficult to hear the voices of those re-sponsible for actually managing those waters. Thisvolume describes, from the practitioner’s per-spective, the problems encountered in the region’sefforts to implement integrated water resourcesmanagement, and solutions that have been put inplace in order to address these. The book sets out theapproaches taken by each basin state, by way of theinstitutional, legal and financial frameworks adopt-ed by them. It details the management practices thathave been utilised in order both to surmount poten-tial inter-state conflicts arising from water use dis-agreements and to make the best use of the availablewater, and it provides practical examples demon-strating how IWRM has been implemented at morelocal levels. Ultimately, it conveys the strong spirit ofcollaboration that drives water [..]

Features

Experiences of the most senior water managers inthe region in their own words, including those ofMinisters, local experts and eminent academics Pro-ceedings of rare meeting of all principal Aral Seabasin managers Transboundary water managementin practice Experience of application of IWRM at theinter-state level

Contents

Preface. Integrated Water Resources Management- International Best Practice. Integrated Water Re-sources Management: Theory and Practice.- Inte-grated Water Resources Management: Experiencein the Aral Sea Basin. Characteristic features of inte-grated water resources management in the SyrdaryaRiver basin.- Particular Characteristics of Integrat-ed Water Resources Management (IWRM) in theAmudarya River Basin.- IWRM financial, econom-ic and legal aspects: the example of the "IWRM-Fer-ghana" project.- Ensuring stable and even water dis-tribution for irrigation systems at national and local[..]

Fields of interest

International & Foreign Law; Environmental Law;Waste Water Technology / Water Pollution Con-trol / Water Management / Aquatic Pollution

Target groups

Water managers, academics, those interested in Cen-tral Asia, especially its transboundary water manage-ment and the security of the region, those interest-ed in the environment of the Aral Sea, Developmentprofessionals

Type of publication

Proceedings

Due April 2007

2007. XII, 177 p. (Nato Science Series: IV: Earth and Environmen-

tal Sciences, Vol. 77) Hardcover

119,95 €

ISBN 978-1-4020-5730-4

Page 14: Springer Customized Book List · 2007. 10. 9. · corporate control has converged to a "hybrid Ameri-canized version of the model of market for corporate control". Dr. Colcera's book

springer.com/booksellers Law 13

P. Wouters, University of Dundee, UK; V. Dukhovny, Scientific In-

formation Center of Interstate Coordination Water Commission

Tashkent, Uzbekistan; A. Allan, University of Dundee, UK (Eds.)

Implementing Integrated Water

Resources Management in Central

Asia

The problems afflicting the Aral Sea and its envi-rons as a result of the overuse and abuse of the riversflowing into it are well documented. Until now, how-ever, it was difficult to hear the voices of those re-sponsible for actually managing those waters. Thisvolume describes, from the practitioner’s perspec-tive, the problems encountered in the region’s ef-forts to implement integrated water resources man-agement, and solutions that have been put in placein order to address these. The book sets out the ap-proaches taken by each basin state, by way of the in-stitutional, legal and financial frameworks adoptedby them. It details the management practices thathave been utilised in order both to surmount poten-tial inter-state conflicts arising from water use dis-agreements and to make the best use of the availablewater, and it provides practical examples demon-strating how IWRM has been implemented at morelocal levels. Ultimately, it conveys the strong spirit ofcollaboration that drives water management [..]

Features

Experiences of the most senior water managers inthe region in their own words, including those ofMinisters, local experts and eminent academics Pro-ceedings of rare meeting of all principal Aral Seabasin managers Transboundary water managementin practice Experience of application of IWRM at theinter-state level

Contents

Preface. Integrated Water Resources Management- International Best Practice. Integrated Water Re-sources Management: Theory and Practice.- Inte-grated Water Resources Management: Experiencein the Aral Sea Basin. Characteristic features of inte-grated water resources management in the SyrdaryaRiver basin.- Particular Characteristics of Integrat-ed Water Resources Management (IWRM) in theAmudarya River Basin.- IWRM financial, econom-ic and legal aspects: the example of the "IWRM-Fer-ghana" project.- Ensuring stable and even water dis-tribution for irrigation systems at national and local[..]

Fields of interest

International & Foreign Law; Environmental Law;Waste Water Technology / Water Pollution Con-trol / Water Management / Aquatic Pollution

Target groups

Water managers, academics, those interested in Cen-tral Asia, especially its transboundary water manage-ment and the security of the region, those interest-ed in the environment of the Aral Sea, Developmentprofessionals

Type of publication

Proceedings

Due April 2007

2007. XII, 177 p. (Nato Science Series: IV: Earth and Environmen-

tal Sciences, Vol. 77) Softcover

49,95 €

ISBN 978-1-4020-5731-1

Page 15: Springer Customized Book List · 2007. 10. 9. · corporate control has converged to a "hybrid Ameri-canized version of the model of market for corporate control". Dr. Colcera's book

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