Carl Grossmann Verlag

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Carl Grossmann Publishers has established for monographs the following peer review workflow:

1. Formal check of the submitted manuscript by publisher’s desk editor: formal quality, scientific approach, and consistency.
2. After approval: Review of the manuscript by desk editor at the publisher.
3. After approval by desk editor: The manuscript is forwarded to an external expert in the field.
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b. Publication after revision (with minor changes)
c. No publication and rejection
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In case of the publication of graduate works, the quality assessment is provided by the university as defined by faculty.

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Browse results: Found 9

Listing 1 - 9 of 9
Les conditions d’admission et de séjour des travailleurs hautement qualifiés dans l’UE - Une analyse de la Directive Carte Bleue

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ISBN: 9783941159129 Year: Pages: 352 DOI: 10.24921/2017.94115913 Language: French
Publisher: Carl Grossmann Verlag
Subject: Political Science --- Law
Added to DOAB on : 2017-09-05 11:02:15
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This work focuses on the Blue Card Directive, not as a specific instrument, but as an integral part of the EU Immigration Policy Framework. Such an approach is necessary, given the sector-based approach and the legislative patchwork adopted by the EU in the field of Immigration Policy. Moreover, EU law on migration is a new but a very dynamic field which is constantly evolving. Therefore, the project not only analyses the key definitions, central themes and legal issues of the Directive but also examines its interaction and tries to establish some connections with the other EU instruments on legal migration into the EU, most of them adopted on the so-called sector-based approach (Single Permit Directive, Family Reunification Directive, Long-term Residents Directive, Researchers, Students and Others Directive, etc.). In particular, the project tries do draw a parallel between some of the Blue Card Directive provisions and the jurisprudence of the European Court delivered for similar notions or legal problems contained in the others instruments. Furthermore, the work addresses other specific issues such us : mobility, the problem of an “ethical recruitment” of highly skilled workers, the volumes of admission (to be set by the Member States), the maintaining of national schemes for highly qualified migrants besides the EU Blue Card and the integration of migrants already admitted in the Member States.

Enforcing Human Rights of Palestinians in the Occupied Territory

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Book Series: sui generis ISBN: 9783941159310 9783941159303 Year: Pages: 448 DOI: 10.24921/2018.94115931 Language: English
Publisher: Carl Grossmann Verlag Grant: Swiss National Science Foundation (SNSF) - OAPEN-CH
Subject: Law
Added to DOAB on : 2019-01-17 11:41:38
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"The situation in Palestine has influenced the deployment of international human rights law and international humanitarian law. The impact of longterm Israeli occupation and the rule of the Palestinian Authority in the Occupied Territory is multifaceted. Despite the various research on Palestine, human rights, and the rule of law, few studies have been conducted on the enforcement mechanisms of human rights in Palestine. This study examines the applicability of international human rights and humanitarian laws as well as domestic laws to assess the contribution of these directives in protecting the fundamental human rights of Palestinians in the Occupied Territory. It conducts an in-depth case study of three basic rights: the right to movement, the right to property, and the right to equality and non-discrimination in the Occupied Territory. The study further examines the role of the Palestinian High Court of Justice and the Israeli Supreme Court in implementing domestic and international laws. In this regard, the study examines the major laws which are invoked, in certain circumstances, to limit the ability of Palestinians to confiscate, expropriate, and destruct their private property, and to implement discriminatory practices against them. The study further examines whether the available international and domestic mechanisms are effective, and if not, it suggests modifications upon which a functional national and international system could be built. The findings of the research demonstrate that international human rights treaties and international humanitarian law conventions are de facto and de jure applicable in the Occupied Territory. As a result of the aforementioned in-depth study cases, it can be concluded that human rights violations against Palestinians in the Occupied Territory are committed by the Palestinian Authority and the Israeli government. In addition, the Palestinian and the Israeli judiciaries have failed to grant Palestinians reasonable protection or a just remedy, and they are dysfunctional and politically driven. The study concludes with a proposal for new mechanisms for Palestinians to redress human rights violations. The further outcomes of this study argue that neither international human rights nor humanitarian law guarantee full protection for Palestinians. Hence, the implication of the findings indicates that the regulations of international human rights and humanitarian laws, which were made by the powers of the nineteenth century with their colonial provisions, might not fit to the present complications of the current challenges to international law in Palestine. The goal is to promote a re-thinking approach to the employment of human rights to serve all people in an efficient and well-organized system. The scope of this study is not meant to grant Palestinians favorable treatment in the multilateral international system, but to achieve just and successful remedies for victims of human rights violations."

Introduction to Swiss Law

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Book Series: sui generis ISBN: 9783941159242 9783941159242 Year: Pages: 452 DOI: 10.24921/2018.94115924 Language: English
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2018-09-11 11:01:04
License: Carl Grossmann Verlag

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What are the origins of direct democracy in Switzerland? How does the Swiss judiciary function? What are the principles of Swiss civil, contract and administrative law? What is the role of public service broadcasting in the political decision making process? What are the leading cases in tax law? What forms of euthanasia are legal in Switzerland? In this introduction 13 legal scholars of the University of Zürich Law Faculty try to answer these questions and give the reader an overview of Swiss public, private and criminal law. As the first comprehensive introduction to Swiss law in English, it is addressed to both lawyers from abroad and incoming students.

Normstabilisierung und Schuldvorwurf

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Book Series: sui generis ISBN: 9783941159181 Year: Pages: 530 DOI: 10.24921/2018.94115919 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2018-04-17 11:01:55
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This work examines the nature of criminal responsibility, and thereby the very heart of criminal law theory. The analysis exposes the relevance of criminal law and punishment for the stabilization of norms within society. This allows to determine the function of placing blame and of the principle of culpability. Thus, this thesis offers in-depth insights into the mechanism and elements of the attribution of individual responsibility. The main finding is that only culpability and the consideration of its elements, which are defined in this work, are capable of functionally determining punishment (i.e., in accordance with the necessity of punishment for the stabilization of norms).

Keywords

law --- criminal law --- recht

Rechtliche Voraussetzungen der Nutzung von Open-Source-Software in der öffentlichen Verwaltung, insbesondere des Kantons Bern

Authors: --- ---
ISBN: 9783941159150 Year: Pages: 200 DOI: 10.24921/2017.94115916 Language: German
Publisher: Carl Grossmann Verlag
Subject: Computer Science --- Law
Added to DOAB on : 2017-09-05 11:02:15
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The work has been authored by 3 experts in enforcement law to analyse whether an administration or government may release software as open source.

Der Schutz der öffentlichen Ordnung und Sicherheit im Rahmen der internationalen Schutzgewährung

Authors:
ISBN: 9783941159044 9783941159051 Year: Pages: 324 DOI: 10.26530/OAPEN_624830 Language: German
Publisher: Carl Grossmann Verlag Grant: Swiss National Science Foundation (SNSF) - OAPEN-CH - 170367
Subject: Law
Added to DOAB on : 2017-02-13 17:23:52
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Europe is currently facing one of the biggest influx of refugees and displaced people since the end of the wars in the Balkans. At the same time, there has also been an increase in terroristic attacks in recent years. States seem to fear a correlation between these two developments, and refugees and asylum seekers are increasingly seen as risks to national security. This doctoral thesis contains a thorough analysis of those provisions of the EU Asylum Qualification Directive which aim to address these concerns, and allow for the exclusion of certain persons from international protection, the restriction of their status rights, or even the revocation or ending of protection. It argues that it is possible and imperative to uphold the standards of international refugee and human rights law even in the face of exacerbated security concerns of the Member States.

Steuergeldwäscherei in Bezug auf direkte Steuern

Authors:
ISBN: 9783941159068 Year: Pages: 352 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2017-02-13 17:26:45
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Diese Monographie widmet sich der Problematik der Steuerdelikte als Vortaten der Geldwäscherei im Bereich der direkten Steuern, welche für die Schweiz völlig neu ist. Im Zentrum der Untersuchung steht die Auslegung des revidierten Art. 305bis StGB. Der Autor Dr. iur. Gabriel Bourquin fokussiert sich damit auf die strafrechtliche Erfassung der sogenannten Steuergeldwäscherei. Wo nötig, insbesondere in Bezug auf die Strafbarkeit der Geldwäscherei durch Unterlassung, wird dabei auf das aufsichtsrechtliche Geldwäscherei-Abwehrdispositiv – besondere Sorgfaltspflichten nach Art. 6 GwG und Meldepflicht nach Art. 9 GwG – eingegangen. Gabriel Bourquin studierte Rechtswissenschaften in Neuchâtel und Bern und erhielt 2013 sein Anwaltspatent in der Schweiz. Seine Promotion zum Dr. iur. schloss er erfolgreich 2017 in Zürich ab. Der Schwer­punkt seiner fachlichen und anwaltlichen Tätigkeit liegt im Steuerstrafrecht.

Keywords

Steuerrecht

Steuergeldwäscherei in Bezug auf direkte Steuern

Authors:
ISBN: 9783941159075 Year: Pages: 352 DOI: 10.24921/2016.94115907 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2017-09-05 11:02:12
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The present analysis focuses on the interpretation of art. 305bis of the Swiss Criminal Code. The author, Gabriel Bourquin, treats the problem of tax crimes as predicate offenses to money laundering. Where necessary, in particular in relation to the punishment of money laundering by omission, the analysis will deal with the special duties of due diligence (art. 6) and the duty to report (art. 9) of the Anti-Money Laundering Act.

Die zivilrechtliche Haftung für autonome Drohnen unter Einbezug von Zulassungs- und Betriebsvorschriften

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Book Series: sui generis ISBN: 9783941159280 9783941159273 Year: Pages: 304 DOI: 10.24921/2018.94115928 Language: German
Publisher: Carl Grossmann Verlag Grant: Schweizerischer Nationalfonds zur Förderung der Wissenschaftlichen Forschung
Subject: Agriculture (General) --- Law
Added to DOAB on : 2019-03-08 11:21:05
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The characteristics and abilities of autonomous drones pose major chal­lenges for liability law. Nowadays only personal injury and damage to property on the ground are covered by strict liability (Art. 64 para. 1 Swiss Aviation Act). Injured parties are in danger of being left without legal pro­tection in the event of mid-air collisions, as claims for damages cannot be asserted on the basis of erroneous decisions by an algorithm, either through liability for wilful or negligent wrongdoing (Art. 41 para. 1 Swiss Code of Obligations) or product liability. The same applies to purely pecu­niary loss. The question of liability for wilful or negligent wrongdoing arises only if duties of care were violated when using autonomous drones. Such duties of care may ensue from permit and operating regulations. Currently autonomous flights without the possibility of direct control and beyond a pilot’s field of vision are allowed only with special permits. As international efforts show, such barriers will come down in future. Appropriate licensing and operating regulations as described in this dissertation will therefore be required. At the same time it will be necessary to extend strict liability under aviation law for unmanned aircraft that are not steered by a pilot to damage in the event of mid-air collisions and to purely pecuniary damage. The specific legal formulations and their legislative implementation are proposed and discussed here for this purpose.

Listing 1 - 9 of 9