Bücher veröffentlicht von Kluwer Law International

The conference of the European Institute for social security, on the social security and the economic crisis, prepared by its Colloque, held in Tole do in 1981, was held from the 30th of September untill the 2nd of October in Zoetermeer, the Netherlands. The Yearbook 1982 contains the reports presented at the Conference in Zoetermeer, which was opened by the Dutch Minister of Social Affairs and Employment, L. de Graaf. The Conference had before it ten national reports and seven synthesis reports (Paul 0 'Higgins, Benefits in general; Jan Pierik, Financing; Winfried Schmahl, Pensions; Yves Saint Jours, Health; Pasquale Sandulli, Unemployment; Martin Partington, Minimum income and family allowances; Jef van Langendonck, Social Security and Economic Insecurity). Most unfortunately Paul O'Higgins did not deliver the written text of his report and we regret that for that reason, we cannot include his report in this yearbook. The Conference, which got the hospitality of the Dutch Social Security Council in Zoetermeer, was very well organised and financed by the Dutch social security institutions and the Ministry of Social Affairs and Employment. The Institute wants to express its sincere gratitude to Mr. J. Oosterhuis and his collegues and to the ladies of the secretariat Annemie Dancot, Jose Goes, Joke Torenburg and Lisette Veldkamp.

Last year I addressed the Netherlands Comparative Law Asso­ ciation with the following question: 'Does Comparative Law Exist At All?' (My intention then was to flog the dead (?) horse of the merger of comparative law and the sociology of law. ) In presenting this voluminous collection of Netherlands national reports to the eleventh congress of the Internatio­ nal Academy of Comparative Law I feel my misgivings giving way to the suspicion, that comparative law indeed exists. Of course national reports do not, as such, prove the exist­ ence of comparative law. It is the general reports together with the national reports, which embody the comparative effort. That is why the Netherlands Comparative Law Associa­ tion took the initiative to propose the publishing of the materials on a subject to subject basis instead of publish­ ing collections of national reports. From a comparative legal point of view, it is the topic that should form the basis of the publication, and not the origin of the materials. The general reporter for each topic should be prepared to take up the responsabilities of editing the volume, and would have to be given the right to select those national reports which he considers to be useful both in regard to their quality and the relevance of the material to the basic problems in the questionnaire. This proposal met with very favourable comments from the na­ tional committees and general reporters of some fifteen coun­ tries.

With consumer goods, as weil as consumer durables, the market is obscured because of product differentiation, in for example, the use, of trade marks, and the advertising and get-up of products, and this presents arealproblern in the protection of consumers. After a general demarcation of the forms, techniques and functions of product differentiation, an investigation is made into the correlation between the law and product differentiation; first, regarding pharmaceutical products and, then, though only by way of reconnaissance, for foodstuffs and cosmetics. Both in the general descriptive part and in the parts dealing with various sectors, attention is also paid to product differentiation as a source of the geographical division of markets. In a later chapter, certain general Observations on the law and socially undesirable product differentiation are developed. Here special attention is paid to trade mark law and regulations relating to misleading and dishonest advertising. The survey shows that, in the light of the existing economic model, improved consumer protection against the representation of product differ­ ences which hardly exist, can best be effected by means of regulations and other initiatives concerned with the supply of information, such as labelling requirements. September 1981 Dr. Jules Stuyck IX Table of Contents The first figure indicates the subsection number and the second figure the page number.

The Programme for the third Symposium on the International Art Trade and Law was developed by the Institute for International Business Law and Practice of the International Chamber of Commerce and its Chairman, Prof. Pierre Lalive who has also provided the Preface to this Volume. Under the auspices of the Institute, a Questionnaire was formulated and circulated. The collected materials were reproduced and distributed at the Symposium by the Amsterdam Chamber of Commerce. Reporters from thirteen countries responded to the Questionnaire. On the basis of these National Reports, General Reports were prepared and presented at the Symposium. Part One of this Volume includes: - Questionnaire covering Topics 1-5 - General information on a number of countries taken from the National Reports. Part Two is divided into five Sections, corresponding with the five Topics addressed in the Questionnaire: Topic 1. Freedom of museums to sell, trade or otherwise dispose of objects of art in their collection Topic 2. Freedom of collectors to sell or give away all or part of their collections Topic 3. Rights of artists and their heirs Topic 4. Auction sales and conditions Topic 5. International temporary exhibitions and insurance followed by Concluding Remarks by Prof. John H. Merryman.

This monograph is principally the work of the late Martin Norr. He completed a draft of the entire monograph but had not yet revised it when he died in late 1972. At that time, the integration of corporate and shareholder taxation was just beginning to become of widespread interest in the United States. With the increasing interest thereafter, the International Tax Program began to revise his manuscript, making as few changes as possible in the original draft. We had the benefit of criticism and analysis from Professor Richard M. Bird of the University of Toronto, now Director of the Institute of Policy Analysis there. In addition, Mr. Mitsuo Sato of the Ministry of Finance in Japan gave freely of his time in carefully suggesting changes throughout the manuscript. The present version of Chapter 3 owes a great deal to his additions and suggestions. Thanks are also due to Professor Hugh J. Ault of Boston College Law School for the Appendix, containing his description of the German integration system that became effective in 1977, which was first published in Law & Policy in International Business. Mr. Norr's interest in the subject of corporate and shareholder taxation developed while he was writing the International Tax Program's World Tax Series volume Taxation in France, published in 1966. The integration of French taxes on corporations and shareholders took place just after that volume was finished, but had been under discussion in France for some time before then.

This book provides theoretical perspectives on systemic discrimination in employment and an overview of policy and institutional responses in eight countries, focusing on affirmative action and employment equity policies. As a unique international comparative survey and assessment of affirmative action and employment equity policies, this is a sourcebook for researchers, practitioners and students in the fields of public policy, employment law, sociology, industrial relations and human rights.

The law persists because people have reasons to comply with its rules. What characterizes those reasons is their interdependence: each of us only has a reason to comply because he or she expects the others to comply for the same reasons. The rules may help us to solve coordination problems, but the interaction patterns regulated by them also include Prisoner's Dilemma games, Division problems and Assurance problems. In these "games" the rules can only persist if people can be expected to be moved by considerations of fidelity and fairness, not only of prudence.This book takes a fresh look at the perennial problems of legal philosophy - the source of obligation to obey the law, the nature of authority, the relationship between law and morality, and the nature of legal argument - from the perspective of this conventionalist understanding of social rules. It argues that, since the resilience of such rules depends on cooperative dispositions, conventionalism, properly understood, does not imply positivism.

Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.

Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb "to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations.Addressed to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of "presupposing" the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supra-national and directly applicable rules and other norms.

We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover somehidden truth. They are committed experts trying to describe, justify and improve the legal order.