• das gesamte Gesellschaftsrecht auf neuestem Stand
• anschauliche Vermittlung des Stoffes durch Fallbeispiele
• Schwerpunktsetzung im besonders examensrelevanten Personengesellschaftsrecht

• zuverlaessig, aktuell, umfassend
• gleichermassen wissenschaftlich fundiert sowie praxisgerecht
• Maximum an Informationen zu dieser hochkomplexen und sich dynamisch entwickelnden Materie

• umfassende Darstellung
• hoechste Kompetenz dank erfahrener Autorinnen und Autoren aus Richterschaft, Anwaltschaft, Notariat, Wissenschaft und Institutionen

• fuer Pflicht- und Schwerpunktfach
• mit allen Reformen

• Ueberblick und Abgrenzungen
• Methoden der Auslegung letztwilliger Verfuegungen
• Auslegung von einseitigen Verfuegungen
• Auslegung von gemeinschaftlichen Testamenten und Erbvertraegen
• Aussergerichtliche und gerichtliche Verfahrensfragen
• Steuerrecht

• zahlreiche Formulierungsbeispiele und Praxistipps
• mit Ausfuehrungen zum Steuerrecht

This open access book provides important insights into the integration of digitalisation and green economy into the platform economy, and how these processes can contribute to the improvement of legal labour regulations and processes in the EU and Eastern Europe. It addresses the following key topics: the impact of digitisation on the labour market, including the impact of robotics and automation on the changing nature of work; the organisation of work through digital platforms; the relationship between workers and employers; the challenges of implementing the Green Deal strategy in the labour market; the specifics and types of platform work; problems concerning labour regulation on digital platforms in Eastern and Southern European countries, such as Moldova, Ukraine, Bosnia and Herzegovina, Serbia, Montenegro and Albania; and the results of an empirical survey.
The topics are highly relevant in the contemporary context, as the European Parliament adopted the Platform Work Directive in 2024 after several years of debate. This Directive aims to sift out the working patterns of the platform sector, introducing clear criteria on what is considered to be an individual activity and what is considered to be an employment relationship. The EU Directive calls upon each EU country to develop its own criteria for assessing whether certain work carried out via platforms is based on an employment relationship or merely constitutes an individual activity.
One of the book's main objectives is to present possible business models for digital platform work that offer greater social protection for the worker by analysing the theoretical aspects of digitalisation and the integration of the green economy into the labour market, and the legal framework for digital labour market platforms in Eastern and Southern European countries. The book will be of interest to policymakers responsible for regulation of the labour market, trade unions, university lecturers and students of economics and law who are interested in delving into the characteristics and regulation of the digital economy and the digital labour market, labour platform workers and employers.

This book examines the legitimation practices of Presidents Bush and Obama in the transformation of detention norms in the war on terror. The focus is on the conflict between the US use of force and the commitment to protective norms of legitimate force. The central question is how both presidents used legitimation to justify normative changes in detention law, especially indefinite detention. The study analyzes strategic legitimation activities in the security policy discourse in which norms of legitimate violence shift from containing it to enabling it. The approach combines IR norms research and international law with a pragmatic-abductive method. Using case studies, event analysis and speeches, it examines how Bush and Obama used legalization and justification strategies to transform norms in the Guantanamo case. The resulting patterns lead to a concept of strategic practices of legitimation to justify violence in breach with international law.

This book studies how international law is evolving to meet the challenges of the digital age. This book tries to answer this question by presenting a detailed analysis of how international law is responding or failing to respond to the digital economy.

The author investigates how leading countries with advanced digital economic systems, including the regulation of cryptocurrencies or digital trade and E-commerce in the European Union, China, and USA, have approached these issues. Taking the WTO and the UN as examples, the book examines the efforts made by these international institutions to retrofit traditional legal structures for a world increasingly defined by the internet. Can global trade rules designed for physical goods be applied to digital products and services? How can global institutions facilitate cooperation between countries with drastically different levels of technological development? These questions shape the discussion.

The approach used in this book does not only focus on the laws but also the growing technological world. The digital world is more dynamic than it is possible to regulate it through laws that may take a lot of time to be adopted and enforced. Some laws were drafted many years ago and may now be incomplete and full of loopholes and ambiguities. By mixing legal research with real-world examples, this book aims to provide practical insights into how international law can progress to address these issues at the front. This book provides the reader with a valuable understanding of the digital economy and its relationship with international law by integrating comparative legal analysis with insights regarding contemporary global economic conditions. The author has looked at laws and regulations, examined case studies, and critically assessed how international law might (or might not) be the solution to the challenges of globalization in the digital age.

The book examines the central reasons behind the divergent interpretations of the principle of the law of armed conflict prohibiting superfluous injury or unnecessary suffering. It explores the codification process of the law of armed conflict, historical landmarks pertaining to the deployment of specific weapons, and case law. The author contends that, whereas military necessity was previously the balancing principle for interpreting the norm prohibiting unnecessary suffering, this balancing factor has shifted to place a greater emphasis on health effects. In addition to examining whether the principle may be interpreted in medical terms, the book includes medical data to support such an argument. While controversy remains regarding particular weapons and their correlation with the unnecessary suffering principle, long-term health effects of individual weapons, most notably nuclear weapons, are being recognized through jurisprudence as particular cause of superfluous injury or unnecessary suffering. Such recognition is due to their unceasing, continuous detrimental effect on human health and quality of life even after the end of an armed conflict. The author argues that weapons causing unending long-term harmful effects on human body are in fact violating the principle prohibiting superfluous injury or unnecessary suffering by violating the temporal application of the law of armed conflict. As a result, the principle is increasingly interpreted by judicial bodies in medical terms, as opposed to military necessity alone. The book aims to clarify the changing nature of this basic principle of weapons law, improve its clarity and overall comprehension of the concept as particularly unnecessary suffering and superfluous injury is often brought up during disarmament conferences and weapons treaty negotiations at international bodies.

This textbook, which is aimed at students, academics and interested individuals (journalists, representatives of state or civil society institutions, NGOs), deals with institutionalized cooperation based on international organizations and addresses the law and the role of these organizations in international law and politics. This topic is highly relevant as we live in disruptive times. This makes international cooperation all the more important in overcoming the numerous challenges that the international system and mankind face.
The book begins with a general section that explains the legal and theoretical bases of international organizations as pivotal institutions of cooperation between states. This is followed by a closer look at the most important global and European organizations. At the global level, the UN as the central institution of the state system with its collective security mechanisms deserves special attention. International economic organizations are also of great importance, as they legally constitute and steer the global economy. The WTO is an institution that monitors and, if necessary, enforces compliance by states with the central trade agreements GATT, GATS and TRIPS. The Bretton Woods institutions have special features that make them interesting not only because of their obvious global economic impact, but also from a legal perspective. This includes their structure and mode of operation, which is modelled after private-sector companies. At the European level, the OSCE is a remarkable organization because it is based exclusively on soft law. At the same time, it is a regional collective security organization under Chapter VIII of the UN Charter. The Council of Europe is a traditional organization dedicated to human rights and the rule of law, but it has special institutional characteristics due to its close connection to the European Court of Human Rights. NATO is the prototype of a collective defense organization and has special characteristics in terms of decision-making (unanimity), institutions and cooperation with third countries. The EU is the prototype of a supranational organization as the next higher level of intergovernmental cooperation, which is based on the partial integration of powers originally belonging to the member states.
All organizations covered in this book have their own unique characteristics, and together they provide a multi-layered picture of the impact of international organizations in the international system. The book concludes with a chapter on NGOs as institutions of international civil society that play an important role in the development of global strategies and international legal standards.

How much legal discretion do arbitrators truly have in investment treaty arbitration? Iura novit curia - literally "the judge knows the law" - is a well-established procedural principle across various legal systems, empowering and/or requiring adjudicators to ascertain and apply the law independently, even beyond the arguments presented by the parties. Yet, its specific role in investment treaty arbitration remains largely unexplored. This book presents a comprehensive and in-depth examination of iura novit curia in investment treaty arbitration. Against the backdrop of ongoing global reforms of the international investment protection regime, the principle holds the potential to enhance accurate decision-making and reinforce the substantive equality of arms between parties. The book traces the historical development of iura novit curia, from Roman law to contemporary civil and common-law procedures, providing a comparative foundation for its modern application. It then examines how international courts and tribunals allocate responsibility for legal ascertainment, exploring its role in public international law and international commercial arbitration. Building on this background, the book shifts its focus to the core question: whether and how iura novit curia should be applied within the unique legal framework of investment treaty arbitration. In this context, the book inter alia addresses the following legal questions: On which legal basis can iura novit curia be applied in investment treaty arbitration? Does its application align with the policy objectives driving the ongoing reform of the international investment protection regime? Is the independent ascertainment of law a power or a duty for investment arbitrators? After answering these foundational questions, the book then delves into the two main elements of iura novit curia: the notion of legal knowledge and the ex officio ascertainment of law. It critically examines the level of legal knowledge expected from investment arbitrators and whether specific knowledge requirements should be mandatory. Regarding the ascertainment of law, it explores the role of different methods - reliance on party submissions, external experts, autonomous interpretations, and the introduction of new legal sources - while also analysing the procedural constraints arbitrators face when independently ascertaining the applicable law.

This book explores how international investment law has evolved through the interpretation of key protection standards like Fair and Equitable Treatment and indirect expropriation. It examines how arbitral decisions have shaped, and been shaped by, state treaty-making practices - particularly in recent "new generation" agreements. The analysis reveals a broader trend toward greater clarity, specificity, and balance in the design of investment treaties.

"Guenes UEnuevar skillfully combines a voluntarist approach to the making of international investment law, and the practical reality that arbitral tribunals are the main interpreters of the volonte of the States, thereby shaping the field as much as, or perhaps more than, the States themselves. UEnuevar's analysis of the development and evolution, both in cases and treaties, of the two most-used investment protection norms is a unique and compelling contribution to understanding the law and policy of investment law and arbitration. A must-read." Prof. Eric de Brabandere, Leiden University

"This book is an important contribution to the thinking about the international investment regime. It looks at the regime dynamically, reflecting on how it has developed historically and how the outcome of disputes has shaped the responses of governments in their treaty making. This book will be important reading for everybody thinking critically about the regime, whether in academia or in government. It is all the more relevant for the work of UNCITRAL Working Group III which has to think both about which reforms to develop, but also how to ensure that adjustments can be made in the future." Colin Brown, European Commission

"Guenes UEnuevar offers an insightful perspective on the evolving landscape of international investment law. By examining the dynamic relationship between arbitration and treaty-making, this book sheds light on how protection standards like fair and equitable treatment and indirect expropriation are shaped through practice and interpretation. UEnuevar's analysis is both thoughtful and accessible, shedding light into complex ideas about legal certainty, legitimacy, and normative development." Prof. Ursula Kriebaum, University of Vienna

"An important contribution to international investment law. In The Transformation of International Investment Law and its Principles, Guenes UEnuevar does a remarkable job of integrating treaty practice and arbitral case law into a comprehensive and accessible study of investment law's most important standards." Prof. Catharine Titi, The French National Centre for Scientific Research (CNRS)

This open access book on open-source data and the trade in cultural heritage is foundational for object biography, provenance research studies, and social science methodological education.

Interest in studying the (illicit) trade in cultural objects, as well questions around ownership, access and protection, have grown in recent years. However, this interdisciplinary field requires a range of methodological skills in order to trace an object's ownership history and the social network underpinning its trade. Drawing from a diverse group of researchers and practitioners, this edited volume brings together methodological, ethical and disciplinary considerations in the use of open source data to research the trade and transfer of cultural objects. As such, it will serve as the paramount guide to anyone who is interested in doing research on this topic.

This book presents how the climate and ecological crisis is lived, experienced and confronted in the contextual conditions of a particular area. The growing concern in the academic and non-academic debate about climate change, as well as the persistent campaign of disinformation and opposition to climate policy, demonstrate that the analysis of the challenges, limits and potential for responding to these events must take into account local socio-material and cultural circumstances. In this book we will follow the different levels at which the climate crisis is confronted (urban policies, everyday practices, collective action), with particular attention to the types of responses that have been formulated, as well as the emergence of new codes of conduct and practices of personal and collective reproduction that seek to translate global phenomena into transformative actions, both materially and subjectively. The analysis of the friction between global and local, agents of transition and fossil fuel incumbents is at the core of this book.

The book provides a comprehensive overview of how transparency is addressed within EU law, with a particular focus on EU food law. This contribution is especially relevant in light of Regulation (EU) 2019/1381 on the transparency and sustainability of the EU risk assessment in the food chain. In recent years, growing public concern over a perceived lack of transparency, further highlighted by the results of the 'Fitness Check' of the General Food Law, has sparked interest in this issue. Beyond this focus, the book adopts a broader approach by examining transparency as a multifaceted concept closely tied to democracy, accountability and other values. Recognising that transparency obligations may extend beyond public authorities, it further explores whether transparency can be applied to the private sector and identifies potential constraints on private actors. Through a conceptualisation of transparency in law and with an innovative analytical approach to legal texts and case law, the book provides researchers, private organisations and institutions with an extensive and nuanced understanding of transparency.

Anger is everywhere today. Why is there so much anger in our politics? Why do some things feed unreasonable rage, and other outrageous things fail to provoke outrage? What should we be angry about and how? Some see anger as a toxic force endangering political debate, democracy, and civil society; others see anger as a the only proper motivation to pursue injustice. In this debate, Hertzoff offers considerations grounded in Aristotle's treatment of anger. When, why, and in what ways we become angry need to be judged against a standard of virtuous anger, measured against concepts of justice, dignity, and nobility. In bringing together Aristotle's concept and treatment with our concerns with anger in our society gives us reason to rethink our views of anger, how we learn to be angry, and how we teach children to be angry properly .

The inability to envision political alternatives - or, to use Arendt's terminology, to make new beginnings - is a key component of today's democratic crisis. In its first part, this study shows that this situation results from the growing technocratization of both government and the democratic public sphere, which hinders the ability to form new political judgments. By analyzing rationalized bureaucracy, which substitutes automated procedures for political decision, and mass democracy, which permits the infinite expansion of the administration's purview, an account of technocracy as administrative, non-political rule is constructed. The book's second part expands on this diagnosis by examining how political judgment differs from epistemic reasoning. This examination puts into dialogue Arendt, Kant, and Vico, reviving a humanist understanding of common sense (sensus communis) and ingenuity (ingenium). This allows us to rethink political judgment as both cognitively immediate and reflectively plural, showcasing how technocratic decision-making illegitimately delimits the horizon for political judgments and new beginnings.

Over the last three decades, women have made significant inroads into political life. Yet the equal and inclusive sharing of political power remains elusive. The number of women in political positions still falls short of full equality, and even when women enter politics, they often continue to be marginalized and do not reflect the full diversity of women as a group.

Written by a leading authority on women and politics, this incisive book makes the case for gender parity and identifies strategies to achieve it. Offering a roadmap for advocates, Mona Lena Krook argues that parity is not simply about numbers, but also about the ability of women, in all their diversity, to exercise equal voice and influence. She assembles evidence showing that parity - defined in terms of access, power, and diversity - advances equality and human rights, promotes the election of qualified and diligent politicians, fosters more responsive public policy, and enhances democratic legitimacy.

Identifying socialization, discrimination, and backlash as key barriers to gender parity, she presents and assesses a wide range of strategies developed around the global to counteract these obstacles. The book concludes with a call to action, highlighting the role that a variety of actors might play in advancing this agenda. In sum: everyone can do something to advance parity in the political world.

This edited volume considers the role of the political environment in election campaigning and ultimately in the electoral outcomes of half a century of elections in Greece. In each chapter, the authors analyse the political environment of the specific period, discuss the main events and protagonists, the design of the political campaigns, and attempt to offer explanations on the reasons behind loss or victory. Despite fragmented attempts to study such phenomena, there is no comprehensive work that focuses on the various ramifications that have affected and shaped electoral results for such a long time, covering the whole period since the restoration of democracy in Greece in 1974. The book has been developed following a series of podcasts with politicians, academics and political analysts.

The first book to analyze the legacies of Remote Warfare, this study is unique in its focus on the myriad ways in which Western-pioneered strategies of war are impacting our modern world. With a focus on drones, AI, and next-generation weapons technologies, this edited collection brings together an innovative interdisciplinary group of expert policymakers, academics, humanitarians, industry leaders, and those from military institutions to discuss some of the most influential and important topics under debate in security studies, international politics, law, and international relations today. From the Global War on Terror to the Russia-Ukraine War, this book explains how the high-tech wars of the 2020s emerged and explores what the future of warfare is likely to be.

Why do leaders abuse their power, and how can a robust ethics of leadership be constructed to address this fundamental problem? This book provides a systematic answer by undertaking a rigorous, interdisciplinary investigation into the foundations of leadership ethics.

Moving beyond conventional approaches, the author's comprehensive framework begins with a clear-eyed analysis of power and its relationship to leadership. The inquiry then progresses through a critical examination of social psychology and explores the often-overlooked psychodynamic factors that influence leaders and groups. Established theories, such as authentic leadership, are critically re-evaluated, and the challenges posed by digitalization are integrated as a core element of modern leadership.

This structured journey culminates in a carefully articulated philosophical ethics for leadership in which autonomy emerges as the central principle. Through its genuinely interdisciplinary approach, the book demonstrates that leadership ethics is a distinct and demanding field of inquiry. Elements of Leadership Ethics offers an essential framework for scholars, students, and reflective practitioners seeking a deeper, more nuanced understanding of the ethical challenges of leadership today.

Liberalism has long been the dominant ideology of the modern West. In recent years, however, post-liberalism has emerged as a central movement within the 'New Right' and a formidable intellectual challenge to the mainstream. Even American Vice-President J.D. Vance has described himself as part of the 'post-liberal right'.

Matt Sleat presents the first comprehensive and critical analysis of post-liberalism. Engaging with the work of key theorists such as Patrick Deneen and Adrian Vermeule, he explores the theological influences on the movement, as well as its affinities and tensions with related New Right projects like National Conservatism. Sleat argues that post-liberalism's politics of the common good rests on a mistaken diagnosis of our soical malaise. Its project, in turn, is not only incoherent and dangerous but likely achievable only through authoritarian and deeply coercive means. He also considers how liberals might respond to post-liberalism, and what its rise reveals about the future of conservative politics.

Post-Liberalism is an essential work for students and scholars of political science and philosophy, as well as anyone concerned with the forces reshaping western politics today.