Yearbook 2017

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A study at the Max Planck Institute for Social Law and Social Policy analyses the legal arrangement for the regulation of state support with regard to further education programs by means of benefits in kind and cash in Germany and Sweden. These programs are largely provided by third parties, much like many other social services. The purpose of the examination is to find out how both states ensure the fulfilment of the objectives of the programs. For this purpose, the legal systems in Germany and Sweden are compared. more
State-building and constitution-making in Asia are closely linked to the colonial past of the region and to the reception of the British parliamentary system. British law encountered local or regional traditions. To what extent did these encounters differ from each other? Who were the main persons involved? Sir Ivor Jennings played a vital role in shaping the constitutions of states like India or Malaya. The project on “The aftermath of Westminster” at the MPI for European Legal History enquired how this process unfolded in various places. more
Disputes arising among family members will not infrequently threaten the break-up of an entire – multi-generational – family business. Against this background, family constitutions find increased popularity. These documents allow family businesses to set out their shared values and to formulate approaches for dealing with potential conflicts. Until now however, family charters have been considered primarily through a business lens and have not been attributed any legal relevance. The present article sees jurist Holger Fleischer challenge this view. more
“Global animal law” is a new field of law and legal research. Legal animal studies react to the involving human−animal relationship, analyses and criticizes animal-regarding law with classical juridical and interdisciplinary methods and seeks to stimulate new developments. Animal law is inevitably global, because the global nature of the problem requires global solutions. The research agenda aspires to build conceptual foundations and to map and promote a global animal law. more
A project at the Max Planck Institute for Foreign and International Criminal Law evaluates the treatment of sexual offenders in Saxony’s social therapeutic institutions through an analysis of the causes and rates of criminal relapse amongst sexual offenders, including an assessment of criminogenic factors, therapeutic measures, and the climate in the correctional facilities. In addition, the study analyses the life-courses of sex offenders after prison release and the recidivism influencing factors within the reentry process. more
Tax havens attract investors by promising to not reveal information about accrued capital income, and thereby facilitating tax evasion. Convincing tax havens to participate in an exchange of information by exerting political pressure is difficult as they derive substantial benefits from the wealth management business. A study at the Max Planck Institute for Tax Law and Public Finance shows how the tax havens’ business model relies on trust between a tax haven and its investors as well as among the many individual investors, and how a disruption of trust can create additional transparency. more
In 2015, the Department of International Law and Dispute Resolution, under the supervision of Hélène Ruiz Fabri, began compiling the web-based Max Planck Encyclopedia of International Procedural Law (MPEiPro), in collaboration with Oxford University Press. The Encyclopedia not only aims at encapsulating the state of the art of legal and interdisciplinary research on international procedure, it also has the ambition of promoting cutting-edge research on what generally remains an underexplored realm of international practice. more
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