L expertise non judiciaire l aune des droits fondamentaux
L'expertise déjudiciarisée est en plein essor, d'une part parce que l'avis d'experts se révèle indispensable dans un nombre croissant de matières juridiques irriguées par la technique (construction, dommage corporel), et d'autre part, car la recherche d'une efficacité économique conduit à minimiser le recours au juge. Cet ouvrage est conçu comme un mode d'emploi pour aider à la décision.
Elements of International Income Taxation
Income taxation is the fuel and vector of the economic policy of many states. This concise book, destined to students, practitioners and policy makers, explains the issues of taxation of transnational income in a world of sovereign states: how to prevent unjust and inefficient double taxation of the same income, by allocating the tax base between source and residence state and properly allowing in the latter for the tax levied in the former? How to prevent abuse by taxpayers or states, furthering tax evasion or avoidance and causing other but equally significant injustices and inefficiencies? Solutions developed over a century of practice are analyzed. That field of the legal art & science is still young and the paradigm for ideal taxation in the global village of the XXIst century is yet to be invented. An appendix includes the juxtalinear texts of the OECD and UN Model Conventions.
Carla Del Ponte won international recognition as Switzerland's attorney general when she pursued cases against the Sicilian mafia. In 1999, she answered the United Nations' call to become the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In her new role, Del Ponte confronted genocide and crimes against humanity head-on, struggling to bring to justice the highest-ranking individuals responsible for massive acts of violence in Rwanda, Bosnia and Herzegovina, Croatia, and Kosovo. These tribunals have been unprecedented. They operate along the edge of the divide between national sovereignty and international responsibility, in the gray zone between the judicial and the political, a largely unexplored realm for prosecutors and judges. It is a realm whose native inhabitants–political leaders and diplomats, soldiers and spies–assume that they can commit the big crime without being held culpable. It is a realm crisscrossed by what Del Ponte calls the muro di gomma –"the wall of rubber"– a metaphor referring to the tactics government officials use to hide their unwillingness to confront the culture of impunity that has allowed persons responsible for acts of unspeakable, wholesale violence to escape accountability. Madame Prosecutor is Del Ponte's courageous and startling memoir of her eight years spent striving to serve justice.
Crucibles of Leadership
Experience may be a leader's best teacher--but there's a hitch. Two people can have identical experiences, but one blossoms while the other is depleted. The same can be said for any pair of fired CEOs, unsuccessful political candidates, or rookie supervisors. InCrucibles of Leadership, Robert J. Thomas concludes that what matters most is what one makes of experience, particularly the traumatic and often unplanned crucible events that challenge one's identity as a leader. What distinguishes leaders who grow through a crucible experience? Their approach to learning. Like accomplished athletes or artists, they practice as strenuously as they perform. And because the line between performance and practice is often hard to discern, they learn how to practice while they perform. But theirs is no ordinary practice. It's a regimen tailored to individual aspirations, motivations, and learning styles--a Personal Learning Strategy. Building on insightful and moving stories told by accomplished leaders, Thomas offers probing self-assessments and innovative tools designed to help you develop your own Personal Learning Strategy. Provocative and original, with examples drawn from business and politics as well as from the inner workings of the Mormon Church and the Hell's Angels, Thomas's book will revolutionize the way you think about leadership and learning.
A Human Security Doctrine for Europe
Apart from the Study Group's Barcelona Report, it contains fifteen studies especially commissioned by the Study Group to help develop its approach."--BOOK JACKET.
Etat r galien et externalisation l exemple de la D fense
Peut-on contractualiser au secteur prive des activites relevant du c ur de l'Etat, autrement dit regaliennes En realite, il ne s'agit pas de privatiser la Defense, mais de confier par contrat certaines fonctions dites "detachables" des missions regaliennes. Ce processus d'externalisation procede d'une vision nouvelle de l'action de l'Etat, qui conserve la capacite de decision dans ses domaines regaliens mais peut en confier la mise en uvre a des operateurs prives, procedant d'une vision liberale de l'action de l'Etat. Apres une premiere partie pour determiner le perimetre externalisable, selon le besoin et le contexte en prenant des exemples historiques et a l'etranger, l'etude detaille la preparation et la conduite de l'externalisation dans ses dimensions contractuelles et sociales. Cette etude s'adresse en priorite aux juristes et aux etudiants ou professionnels qui s'interessent a l'evolution de la gestion publique et a la modernisation de l'Etat.
Advanced Corporate Finance
The first book devoted exclusively to modern advanced corporate finance, this volume provides a comprehensive exploration of theoretical and empirical literature on corporate financial policies and strategies—particularly those of U.S. nonfinancial firms—defined in rational, economic terms. Throughout, Cases in Point show theory in relation to financial decisions made by specific firms; and Real-World Focus highlights numerous articles from the financial press, providing insights from practitioners' points of view. Empirical Perspectives On The Financial Characteristics Of Publicly Traded U.S. Nonfinancial Firms. Valuation And Financing Decisions In An Ideal Capital Market. Separation Of Ownership And Control, Principal-Agent Conflicts, And Financial Policies. Information Asymmetry And The Markets For Corporate Securities. The Roles Of Government, Securities Markets, Financial Institutions, Ownership Structure, Board Oversight, And Contract Devices. The Leverage Decision. Analyses Of The Firm And The Valuation Of Equity And Debt. Industry Analysis And Financial Policies And Strategies. The Firm's Environment, Governance, Strategy, Operations, And Financial Structure. Market Efficiency, Event Studies, Cost Of Equity Capital, And Equity Valuation. Corporate Bonds: Terms, Issuance, And Valuation. Private Equity And Venture Capital. Initial Public Offerings Of Stock. Managing Internal Equity And Seasoned Equity Offerings. Dividend Policy And Stock Repurchases. Corporate Liabilities: Strategic Selections Of Lenders And Contract Terms. Mergers, Acquisitions, Takeovers, And Buyouts. Financial Distress And Restructuring. Debt Restructuring, Being Acquired, Bankruptcy, Reorganization, And Liquidation. Organizational Architecture, Risk Management, And Security Design. For CEOs and CFOs of corporations, senior lending officers at commercial banks, and senior officers and analysts at investment banks.
The gardener s book of sources
This extraordinary compendium provides extensive information and critical comment on the books, periodicals, catalogues, nurseries, societies, and services for every aspect of home gardening.
The Constitution as Code
The Constitution as Code links Rudolph von Jhering and Francois Geny to the United States Constitution: Durch das romische Recht, uber das romische Recht hinaus; par la constitution, mais au-dela de la constitution. This provocative paper was presented at the Fourth Worldwide Congress of Mixed Jurisdiction Jurists, Montreal, Canada. It voices a thesis: Liberty evolves: judicial interpretation in le sens evolutif. The same day, Justice Anthony Kennedy announced the U.S. Supreme Court s opinion in Obergefell v. Hodges, the same-sex marriage case, another of Professor Baier s Beweise (proofs). PAUL R. BAIER is the Judge Henry A. Politz Professor of Law, Paul M. Hebert Law Center, Louisiana State University, USA. He holds the J.D., Harvard Law School. Editor, Harvard Legal Commentary; Judicial Fellow, Supreme Court of the United States; Scholar-in-Residence Louisiana Bar Foundation. Constitutional Interpretation: Procedes d Elaboration (with Justice Harry A. Blackmun) (LSU-Aix-Marseille III Summer Study in Law, 1986, 1992); Separation of Powers and the Rule of Law (Tulane Law School, Siena, Italy, 199l, with Justice Antonin Scalia). His play, Father Chief Justice: Edward Douglass White and the Constitution, has been in production for fifteen years, playing most recently on the stage of the Social Law Library, Boston, Massachusetts, featuring four members of the Massachusetts Supreme Court. Professor Baier is Secretary of the Supreme Court of Louisiana Historical Society."