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This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today. This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.
This treatise provides current, expert coverage on the law of mortgages, including the mortgagor-mortgagee relationship prior to foreclosure; mortgage substitutes; transfers by the mortgagor; transfers by the mortgagee; payment and prepayment; the foreclosure process; deficiency judgments and anti-deficiency regulation; priority issues; governmental intervention in the mortgage market; and financing real estate construction.
Like the Fifth Edition, the Sixth Edition also comprehensively tracks judicial discussion and application of the principles in the Restatement (Third) of Property: Mortgages.
How has the EU's economic crisis affected the development of economic law in the Union during the Barroso II Commission? This book contributes to the debate by examining EU economic law from a contextual and policy-oriented perspective. The expert authors explore areas such as the EMU and internal market, and emphasise the important fields of public procurement, taxation, and intellectual property rights. The investigation proceeds along themes such as harmonization, institutional interplay, non-economic values, and international actions. The authors conclude that, during the crisis, the attention of the Barroso Commission has focused too narrowly on the most urgent problems, failing to consider longer-term issues to spark off bold policy endeavours, and break inter-institutional blockades.This book will be of use to scholars interested in EU economic law, integration, and the economic crisis. Policy-makers, other practitioners and advanced students can also benefit from points raised in this timely monograph.
The Author: partner at McDermott, Will & Emery. Summary: examines new changes by the European Commission (EC) to the law governing the enforceability of intellectual property licences in Europe. Agreements which contain the grant of a licence by one party to another of intellectual property rights (IPRs) are subject to European competition (anti-trust) laws. In particular, many agreements containing licences of patent rights and rights in confidential information and technical know-how are caught by Article 81(1) of the EC Treaty, which prohibits agreements between undertakings which prevent, restrict or distort competition in the Common Market. However, because licences of IPRs usually facilitate the transfer of technology from one undertaking to another, and the licensor and licensee will often operate at different levels of the market, many licences of IPRs may benefit from an automatic exemption under Article 81(3) of the EC Treaty. Contents: Introduction - IPRs; exploitation of IPRs (licences and other agreements); the impact of competition law; Article 81(1) of the EC Treaty; Article 81(3) of the EC Treaty (individual exemption; block exemption; Regulation (EC) No. 240/96) Modernisation - the Modernisation Regulation (EC) No. 1/2003 (abolition of the notification procedure); an economics based approach; market power (product markets; geographic markets; methodologies) The new Technology Transfer Block Exemption Regulation - competitors or non-competitors (flow diagram); technology markets; agreements between non-competitors; agreements between competitors; transitional arrangements Hardcore restrictions - improvements (grant back of exclusive licence; assignment); no-challengeclauses; limiting of output; limiting of licensee's ability to exploit its own technology
This book has two purposes. The first is clearly historical, the second is more philosophical and interpretive. Its success in the former will be less arguable than its attainment of the latter. The contribution to the history of Spanish letters consists in critically establishing the fact that the sources of Fray Luis de Le6n's moral and spiritual thought are Hebraic and that he can be seen to stand as one in a long line of Christian Hebraists, both scholastic and humanist. His philosophical views are cast in an Hebraic tradition, not in an Hellenic one as supposed by nearly every other commentator. I have stressed the presence of a living Hebrew culture in Spain after 1492, and I have suggested that this and the Jewish parentage of Fray Luis are very significant. I have also identified an intellectual debt Fray Luis owed to non-Jewish Orientalists such as Egidio da Viterbo and Girolamo Seripando. But, even they learned from exiled Spaniards. I want to present Fray Luis as a most characteristic thinker in the world of Baroque Spain. I think most will agree with the picture I have outlined. The more audacious aspect is my wish to show the importance of the Jewish heritage as found in the literary and philosophical production of this remarkable genius. It is, of course, my contention that today know- ledge about Fray Luis and what he stood for is extraordinarily important.
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