Der Werkschöpfer im Arbeits- und Auftragsverhältnis

2019 ◽  
Author(s):  
Maria Ottermann
Keyword(s):  
The Netherlands ◽  
Country Of Origin ◽  
Copyright Law ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Cross

The majority of copyright-protected works are created on a contractor or employment basis. In addition, the cross-border use of works has increased. In this book, Maria Ottermann examines how the Urheberrecht in Germany, the copyright law in England and the auteursrecht in the Netherlands resolve conflicts in the distribution of copyright in employer or contractor relationships. She clarifies to what extent the statutory differences in the allocation of original ownership and the scope of moral and exploitation rights can be aligned on a contractual basis. A further focus of this book lies in an examination of the national conflict of laws applicable in Germany, England and the Netherlands and the approaches of the principles of country of protection and country of origin which they represent. The author points out the areas in which European-wide harmonisation would be desirable in this respect.

The Sentence is Only the Beginning: Hiccups in the Cross-Border Execution of Judgments in the Euregion Meuse-Rhine

2021 ◽  
Vol 29 (3-4) ◽  
pp. 189-217
Author(s):  
Johannes Keiler ◽  
André Klip
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Member States ◽  
Cross Border ◽  
Criminal Justice Systems ◽  
Alternative Measures ◽  
The Cross ◽  
Preliminary Phase ◽  
Country Specific

Abstract The cross-border execution of judgments remains difficult in practice for European Member States. This article seeks to analyze why this may be the case with regard to four different modalities of sentences: (1) prison sentences and other measures involving deprivation of liberty, (2) conditional sentences and alternative measures, (3) financial penalties and (4) confiscation orders. Based on a comparative analysis, this article investigates the problems at stake regarding the cross-border execution of judgements in Belgium, Germany and the Netherlands and identifies possible causes and explanations for these. The analysis shows that impediments to cooperation may inter alia stem from differences in national law and diverging national sentencing practices and cultures and may furthermore be related to a lack of possibilities for cooperation in the preliminary phase of a transfer. Moreover, some obstacles to cooperation may be country-specific and self-made, due to specific choices and approaches of national criminal justice systems.

scholarly journals B2C E-Commerce Trust in Redress Mechanism (Cross Border Issues)

10.28945/2596 ◽  
2003 ◽  
Author(s):  
Ong Chin Eang
Keyword(s):  
Dispute Resolution ◽  
Country Of Origin ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Consumer Concerns ◽  
The Cross

The rise of consumer concerns of trust issue in e-commerce is due to the fact that when disputes occur in the cross-border environment, what is the level of protections (redress) that is available and which jurisdictions that is applicable and enforceable. This paper discuss the issue that with the current three major redress mechanisms, Online Dispute Resolution (ODR), Country of Origin and Country of Destination. Yet, consumers trust still an issue. It is well recognized that Cross Border environment and Jurisdiction that give rise to the concerns. This paper raises perhaps more important issues that relate to the gap and loophole that be living in the three redress mechanisms and jurisdictions.

scholarly journals Collisional legal regulation of the responsibility of the controlling debtor in respect of cross-border insolvency

2021 ◽  
pp. 212-218
Author(s):  
S. E. Bibikov
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Entity ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Foreign Experience ◽  
Cross Border ◽  
The Cross ◽  
Conflict Of Law

This study highlights the problem of establishing the applicable law for cross-border insolvency relations of a legal entity. The author examines various approaches to the choice of the applicable law to the liability of controlling persons, provides foreign experience and reveals the main trends in resolving conflict issues. It is noted that the lack of legal regulation of cross-border insolvency relations, including conflict of laws rules, does not allow creditors to fully recover losses from controlling persons whose assets are in foreign jurisdiction. In order to eliminate contradictions in practice, it is proposed to consolidate in civil legislation an independent conflict of laws rule on the liability of controlling persons in relations of cross-border insolvency of a legal entity. It is concluded that the conflict-of-law choice of the applicable law to disputed legal relations directly depends on the jurisdiction of the state in which the proceedings on the cross-border insolvency of a legal entity are initiated.

33 Switzerland

2018 ◽  
Author(s):  
Frick Jürg
Keyword(s):  
Legal Framework ◽  
Conflict Of Laws ◽  
International Jurisdiction ◽  
Cross Border ◽  
Swiss Law ◽  
The Law ◽  
The Cross ◽  
Substantive Law ◽  
Insolvency Proceedings

This chapter provides an overview of the law of set-off in Switzerland. Under Swiss law, set-off functions as a mechanism of substantive law that extinguishes two obligations to the extent of the smaller obligation. The basic legal framework for set-off is a unilateral act pursuant to Article 120 et seq of the Swiss Code of Obligations of 1911, as amended (CO). The chapter first considers the CO requirements for set-off between solvent parties as well as its mechanism and effects before discussing the legal framework applicable to set-off against insolvent parties. In particular, it examines the implications for mutuality of the distinction under Swedish law between the assets and liabilities of the estate and of the receivership. It also outlines the restrictions on set-off in the event of insolvency before concluding with an analysis of set-off issues in the cross-border context arising from conflict of laws, international jurisdiction, and insolvency proceedings.

Emerging Transnational Practices and Capabilities of Syrian Refugees in Turkey

2020 ◽  
Vol 17 (1) ◽  
pp. 125-138
Author(s):  
Zeynep Sahin Mencütek
Keyword(s):  
Legal Status ◽  
Country Of Origin ◽  
Economic Security ◽  
Economic Capital ◽  
Diaspora Studies ◽  
Cross Border ◽  
Global North ◽  
Displaced People ◽  
The Stability ◽  
Transnational Activities

Transnational activities of refugees in the Global North have been long studied, while those of the Global South, which host the majority of displaced people, have not yet received adequate scholarly attention. Drawing from refugee studies, transnationalism and diaspora studies, the article focuses on the emerging transnational practices and capabilities of displaced Syrians in Turkey. Relying on qualitative data drawn from interviews in Şanlıurfa – a border province in south-eastern Turkey that hosts half a million Syrians - the paper demonstrates the variations in the types and intensity of Syrians’ transnational activities and capabilities. It describes the low level of individual engagement of Syrians in terms of communicating with relatives and paying short visits to the hometowns as well as the intentional disassociation of young refugees from homeland politics. At the level of Syrian grassroots organisations, there have been mixed engagement initiatives emerging out of sustained cross-border processes. Syrians with higher economic capital and secured legal status have formed some economic, political, and cultural institutional channels, focusing more on empowerment and solidarity in the receiving country than on plans for advancement in the country of origin. Institutional attempts are not mature enough and can be classified as transnational capabilities, rather than actual activities that allow for applying pressure on the host and home governments. This situation can be attributed to the lack of political and economic security in the receiving country as well as no prospects for the stability in the country of origin. The study also concerns questions about the conceptual debates on the issue of refugee diaspora. Whilst there are clear signs of diaspora formation of the Syrian refugee communities, perhaps it is still premature to term Syrians in Turkey as refugee diaspora.

Interacting Legal Norms and Cross-Border Divorce: Stories of Filipino Migrant Women in the Netherlands

2019 ◽  
Vol 16 (4) ◽  
pp. 521-529
Author(s):  
Asuncion Fresnoza-Flot
Keyword(s):  
The Netherlands ◽  
The Philippines ◽  
Migrant Women ◽  
Structured Interviews ◽  
Legal Norms ◽  
Global Migration ◽  
Cross Border ◽  
Filipino Women ◽  
Transnational Social Spaces ◽  
Filipino Migrants

The Philippines is one of only two states in the world in which absolute divorce remains largely impossible. Through its family laws, it regulates the marriage, family life and conjugal separation of its citizens, including its migrants abroad. To find out how these family laws interact with those in the receiving country of Filipino migrants and shape their lives, the present paper examines the case of Filipino women who experienced or are undergoing divorce in the Netherlands. Drawing from semi-structured interviews and an analysis of selected divorce stories, it unveils the intertwined institutions of marriage and of divorce, the constraints but also possibilities that interacting legal norms bring in the life of Filipino women, and the way these migrants navigate such norms within their transnational social spaces. These findings contribute interesting insights into cross-border divorces in the present age of global migration.

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