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Showing 41 - 60 of 19291 items
By Rosanna Masiola, Renato Tomei. 2015
This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a…
transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny. ' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e. g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).By Federico Ferretti. 2014
The legitimacy or illegitimacy of information exchanges between competitors remains a topical debate with regard to EU competition law and…
policy. This book reexamines the issue in the retail financial services sector, focusing on the peculiar problems that it poses for EU market integration, consumer policy and protection and the intersection with fundamental rights. It analyzes and reflects on the relevant case law and guidelines offered by the corresponding European authorities, providing a critique of the current approach and advancing the proposition that information markets themselves need attention, in addition to the markets that they serve. The book also advances new perspectives on cases in which consumers' personal information is involved in the exchange, recognizing the inevitable interaction between EU competition law, the interests and protection of consumers and personal data protection. It suggests that the status quo under competition law is unsatisfactorily short sighted and that the EU should take a holistic approach (including information markets) to the analysis of competition law, reflecting consumer protection and fundamental rights aspects in the assessment.By Krzysztof J Pelc. 2016
All treaties, from human rights to international trade, include formal exceptions that allow governments to legally break the rules that…
they have committed to, in order to deal with unexpected events. Such institutional 'flexibility' is necessary, yet it raises a tricky theoretical question: how to allow for this necessary flexibility, while preventing its abuse? Krzysztof Pelc examines how designers of rules in vastly different settings come upon similar solutions to render treaties resistant to unexpected events. Essential for undergraduate students, graduate students, and scholars in political science, economics, and law, the book provides a comprehensive account of the politics of treaty flexibility. Drawing on a wide range of evidence, its multi-disciplinary approach addresses the paradoxes inherent in making and bending international rules.By Mortimer Sellers, Tadeusz Tomaszewski. 2009
This new volume on The Rule of Law in Comparative Perspective compares the different conceptions of the rule of law…
that have developed in different legal cultures. Lawyers and legal scholars from various legal systems describe the social purposes and practical applications of the rule of law, and how it might be improved in the varied circumstances of their own courts and politics. This book will be of interest to lawyers, judges, public officials, and to all those wishing to improve the fundamental structures of their own legal systems, by bringing equal justice to every person subject to the power of the state.By Nicole S. van der Meulen. 2010
The existence of financial identity theft in the United States, and its (gradual) spread to other areas of the world,…
increases the need to understand how identity theft occurs and how perpetrators of the crime manage to take advantage of developments within contemporary society. This book aims to provide such an understanding through an in-depth comparative analysis which illustrates how states, financial service providers, consumers, and others facilitate the occurrence of financial identity theft in the United States and the Netherlands.By Hiromi Sato. 2010
The legal consequence of the superior orders defense has long been debated as one of the major problems in international…
criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.By Laura Nistor. 2010
Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated…
debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.By John Bolch. 2009
This book will save you money. Even if the divorce is completely straightforward, and there are no arrangements for children…
and finances to sort out, a solicitor will typically charge between GBP500 and GBP1000 to deal with the divorce for you, not including court fees. If there are arrangements for children or finances to sort out, then the solicitor's fees are likely to be many times that sum. This book is for the increasing number of people who have to go through divorce proceedings without legal assistance, and for those who just want to save legal costs. It includes: *A guide to divorce proceedings, including completing all the required forms. *Sorting out financial/property arrangements, whether by agreement or through the court. *Making arrangements for children. *Details of child support maintenance. *Dealing with domestic violence, costs and mediation. *Plus specimen forms, useful addresses and websites, and a detailed glossary of legal terms. This book is for anyone who is seeking or contemplating a divorce, or anyone whose spouse has issued divorce proceedings against them. Even if you are separating from your spouse and do not wish to divorce at this time, this book will be useful to you as many of the principles with regard to arrangements for children and sorting out finances are the same.Contents: 1. Divorce; 2. Children; 3. Child maintenance; 4. Finances and property; 5. Domestic violence; 6. Mediation; 7. Costs and legal aid; 8. Final thoughts; Appendix 1 - Example Documents; Appendix 2 - Useful Addresses and Websites; Appendix 3 - Glossary; Appendix 4 - List of Divorce County Courts; Index.By Gr goire Mallard, J r me Sgard. 2016
Contractual Knowledge: One Hundred Years of Legal Experimentation in Global Markets, edited by Grégoire Mallard and Jérôme Sgard, extends the…
scholarship of law and globalization in two important directions. First, it provides a unique genealogy of global economic governance by explaining the transition from English law to one where global exchanges are primarily governed by international, multilateral, and finally, transnational legal orders. Second, rather than focusing on macro-political organizations, like the League of Nations or the International Monetary Fund, the book examines elements of contracts, including how and by whom they were designed and exactly who (experts, courts, arbitrators, and international organizations) interpreted, upheld, and established the legal validity of these contracts. By exploring such micro-level aspects of market exchanges, this collection unveils the contractual knowledge that led to the globalization of markets over the last century.By Mely Caballero-Anthony, Youngho Chang, Nur Azha Putra. 2011
Traditional notions of security are premised on the primacy of state security. In relation to energy security, traditional policy thinking…
has focused on ensuring supply without much emphasis on socioeconomic and environmental impacts. Non-traditional security (NTS) scholars argue that threats to human security have become increasingly prominent since the end of the Cold War, and that it is thus critical to adopt a holistic and multidisciplinary approach in addressing rising energy needs. This volume represents the perspectives of scholars from across Asia, looking at diverse aspects of energy security through a non-traditional security lens. The issues covered include environmental and socioeconomic impacts, the role of the market, the role of civil society, energy sustainability and policy trends in the ASEAN region.By Markus Hammer, Andreas Oestreicher. 2014
The Fund Reporting Cloud® has made tax reporting less complex, but comparing the effective tax treatment of investment funds and…
their investors in an international environment is still an ambitious task. Against this background, this study examines the tax consequences at fund, asset, and investor level. In geographical terms our comparison covers eleven European countries, the USA, and Japan. Our analysis of the relevant tax provisions, which is of a primarily qualitative nature, is complemented by a quantitative comparison of the tax burden for a model investor investing assets nationally in the form of a collective investment. It will be of interest both for investors seeking tax advantages and for governments to check whether there is a need for tax reforms. It also ties in perfectly with the current evaluations at OECD level in the context of TRACE.By Christina Page. 2006
With a new preface by the author. In the tradition of Backlash and The Morning After, and in a political…
climate where Roe v. Wade is in serious jeopardy, a young activist reveals that the Pro-Life Movement’s real agenda is a war on contraception, family planning, and sexual freedom.In the summer of 1925, the sleepy hamlet of Dayton, Tennessee, became the setting for one of the 20th century's…
most contentious dramas: the Scopes trial that pit William Jennings Bryan and the anti-Darwinists against a teacher named John Scopes into a famous debate over science, religion, and their place in public education That trial marked the start of a battle that continues to this day-in Dover, Pennsylvania, Kansas, Cobb County, Georgia, and many other cities and states throughout the country. Edward Larson's classic, Summer for the Gods, is the single most authoritative account of a pivotal event whose combatants remain at odds in school districts and courtrooms. For this edition, Larson has added a new preface that assesses the state of the battle between creationism and evolution, and points the way to how it might potentially be resolved. Pulitzer Prize WinnerBy Anja Eikermann. 2015
This book investigates the potential need for an international convention on forests and establishes a multifunctional concept of forests as…
a cornerstone for international forest regulation. Accordingly, it examines a variety of international instruments pertaining directly or indirectly to forests and explores their entangled, fragmented nature. While contending that the lack of consistency in international law impedes the development of a stand-alone international forest convention, at the same time it argues that the lessons learned from fragmentation as well as from the history of forest discourse on the international level open up new options for the regulation of forests in international law, based on (new) concepts of coordination and cooperation.By N. A. Baarsma. 2010
Choice of law determines which national legal system applies to an international case. Currently many choice of law rules in…
the field of family law are regulated by national law. However, these national rules of the EU Member States are more and more displaced by common European rules. This book describes the changes brought by the Europeanisation of the choice of law on divorce. From the conclusions drawn in the field of divorce the concluding chapter discusses the changes of Europeanisation of international family law in a broader perspective.By Karin B. Schnebel. 2015
Selbstbestimmung und Gerechtigkeit sind zwar allgemeine Wertvorstellungen, die jedoch in Konflikt zueinander geraten können. Auch das Ziel einer geschlechtergerechten Gesellschaft…
berührt dieses Spannungsfeld, da die Strategie gescheitert ist, Geschlechtergerechtigkeit über eine Ausblendung geschlechtlicher Unterschiede zu erreichen. Zwar ist es gelungen, Frauen stärker in der öffentlichen Sphäre zu verankern, doch kann ihre zivilisationsgeschichtlich starke Einbindung in das Private nicht übergangen werden. Die andere denkbare Möglichkeit Geschlechtergerechtigkeit herzustellen, ist die Anerkennung und Aufwertung der privaten, weiblich dominierten Sphäre. Hier wird gezeigt, dass eine Aufwertung des Privaten nur über eine stärkere Einmischung des Öffentlichen, also der Politik, in das Private geschehen kann, was zu einem Verlust von Autonomie führt. Es wird herausgearbeitet, dass die derzeitige Politik dabei ist, Frauen wieder stärker zu diskriminieren. Damit stellt sich die Frage: Wie kann ein liberaler Staat Geschlechtergerechtigkeit erreichen, ohne Werte wie Freiheit, Autonomie oder Selbstbestimmung zu gefährden?By Dirk Bünger. 2011
It is the publicity about the Pollutant Release Inventory's data which creates an incentive for firms to achieve emission reductions.…
Accordingly, public access to environmental information constitutes a core characteristic of the aforementioned inventory. Here, in essence, two facets arise. First, with regard to the collection, it is disputed whether such information, which may comprise confidential commercial and industrial information in the EU as well as trade secrets in the US, can be protected under fundamental and constitutional property rights respectively. Second, in the context of dissemination and utilisation, it is arguable whether the information indeed impacts polluters and produces an outcome that secures a certain level of environmental protection. The author responds to the first issue by taking the EU and US jurisdictions into account and strives to analyse how this novel form of Internet disclosure liberates market mechanisms in the quest for effective and efficient emission reductions.By George Mousourakis. 2011
Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe,…
Latin America, East Asia and other parts of the world. Knowledge of Roman law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. Then follows an exposition of the principal institutions of Roman private law: the body of rules and principles relating to individuals in Roman society and regulating their personal and proprietary relationships. In this part of the book special attention is given to the Roman law of things, which forged the foundations for much of the modern law of property and obligations in European legal systems. Combining a law specialist's informed perspective with a historical and cultural focus, the book provides an accessible source of reference for students and researchers in many diverse fields of legal and historical learning.By Nir Kshetri. 2010
This book is about the global cybercrime industry, which according to some estimates, is a US$1 trillion industry and is…
growing rapidly. It examines economic and institutional processes in the cybercrime industry, provides insights into the entrepreneurial aspect of firms engaged in cyber-criminal activities, takes a close look at cybercrime business models, explains the global variation in the pattern of cybercrimes and seeks to understand threats and countermeasures taken by key actors in this industry. This book's distinguishing features include the newness, importance, controversiality and complexity of the topic; cross-disciplinary focus, orientation and scope; theory-based but practical and accessible to the wider audience; and illustration of various qualitative and quantitative aspects of the global cybercrime industry.By Jessica Mitford. 1971