Books

Books

The Relation Between Leniency and Private Enforcement

Towards an Optimum of Overall Competition Law Enforcement?

The difficulty with competition law is that so many aspects can influence its overall effectiveness. Sanctions in criminal law or the emergence of private enforcement, for example, may influence leniency policy. In turn, public enforcement, whilst protecting information, could also influence the effectiveness of antitrust damages actions.

 

The author makes a comparison with the board game “Pisa”. In this game, small figures have to be placed at different levels of the Leaning Tower of Pisa, with the aim of keeping the tower stable. When there are too many dolls on one side and not enough on the other, the balance is lost and the figures topple off the tower. Competition law enforcement is a leaning tower of Pisa. If the structure of a competition law policy is not sufficiently balanced between public and private enforcement, it will function less effectively than it could.

 

With an upcoming private enforcement it is important to strike the right balance so that claimants are able to effectively claim damages on the one hand, but cartel infringers remain interested in applying for leniency on the other. The author analyzes the chosen systems of the EU, Germany and the Netherlands and uses the US system as inspiration. The author also discusses potential solutions for diverging approaches.

Bram Braat
More information € 63,50

Introduction to International Commercial and European Law

Second edition

This book covers the most important legal issues when conducting business abroad.

 

The first part covers European law with a focus on the institutions of the European Union, the four freedoms and competition law.

 

The second part focuses on individual international contracts. This part starts with the legal environment of the business transaction. The political and policy risks of doing business abroad are explained, as well as how they should be addressed. It continues with entry strategies in foreign markets and then goes on to focus on the individual contract of sale. A wide range of subjects are covered, including general conditions of sale, retention of title, the CISG, product safety and product liability, Incoterms, contract of carriage, jurisdiction, choice of law and arbitration, standard contract clauses and payment conditions.

 

This book takes a practical approach and contains examples and exercises. The book does not pretend to be the ultimate guide: the field of international commercial law in particular is vast, and has many different angels. However, it does try to explain the main pitfalls of doing business in foreign countries and how to avoid them.

 

Additional information about the book can be found on: www.iclandeulaw.com. The author has written two other legal text books:

• on legal skills Juridische vaardigheden voor het Hoger Onderwijs, www.juridischevaardigheden.nl

• and on sports law Inleiding sport en recht, www.inleidingsportenrecht.nl

Both are in Dutch.

mr. M.W. Mosselman
More information € 59,00

The Legal Position of Terminal Operators in Hinterland Networks

The legal position of the terminal operator changes by the integration of the carriage of goods between the sea port and the hinterland into his service profile. The terminal operator performs a wide variety of obligations, including loading and discharging, stacking, warehousing, measuring, weighing and carrying goods within and beyond the terminal’s premises. These obligations fall into different categories of contracts for which the law provides specific rules, i.e. a contract of carriage, a contract of deposit and a service contract. Some of these obligations might be subject to mandatory provisions derived from applicable national legal systems or uniform private law conventions. This book examines how to determine the applicable rules to the terminal operator’smixed contracts. This serves a practical purpose as one of themain differences between the applicable legal regimes is the terminal operator’s liabilities towards third parties such as cargo owners or ship owners who do not have a contractual relation with the terminal operator.

Susan Niessen
More information € 58,50

CMR 60 years

Time for retirement or future proof?

On May 19 1956, the CMR-Convention was signed, aiming at providing uniform rules for the contract of carriage of goods by road. The Convention proofed to be very successful and is after 60 years still in force in 55 member states. With this, the Convention provides uniform rules in most of Europe and the Middle East and still contributes to the underlying aim of legal certainty and predictability. Even though the Convention is very successful, there are also a returning number of critiques on the CMR Convention.

In general, critiques on the Convention can be found in two domains:

1. The absence of a uniform interpretation of certain key provisions of CMR (for example the scope rule, force majeure provision and breaking through rule).

2. The unfitness of CMR for twenty-first century transportation (for example the height of the limits, the absence of specific rules for multimodal contracts and optional carriage contracts, the outdated (?) rules on successive carriage and even the mode-specific nature of CMR all together).

For the occasion of the 60th birthday of the Convention these questions were presented to a panel of prominent CMR-scholars: Is it time for retirement or is the CMR Convention future proof? The answers to this questions were provided during a two day conference in October 2016. This book is a result of that conference and bundles the conference contributions which earlier appeared in TVR and EJCCL. We trust that this book can provide inspiration for legal engineers taking care of the maintenance, reparations and revisions of the engine of international road transport Law.

dr. Wouter Verheyen (Ed.)
More information € 39,50

Special EJCCL: CMR

European Journal of Commercial Contract Law, Issue 2017-1/2
More information € 29,50

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