Title search results
Showing 6781 - 6800 of 18953 items
This study explores the reasons behind the different responses of the legal systems of Europe, Japan and the USA in…
coping with BSE, one of the major food safety crises in recent years. Making reference to the most recent advances on risk perception that cognitive and social sciences, such as legal anthropology and sociology of law, have experimented with, Risk Perception, Culture, and Legal Change examines the role that culture plays in moulding the process of legal change. Attention is focused on the regulative frameworks implemented to guarantee the safety of the food chain against the BSE menace and on the liability responses sketched to compensate the victims of mad cow disease, showing how both these elements have been influenced by the cultural context within which they are situated.Agriculture and EU Environmental Law
By Brian Jack. 2009
This book critically examines the development and current structure of European Union agri-environmental measures at a substantive level. Examining the…
measures in an integrated manner, showing how they interrelate linking different aspects of European Union agricultural law and policy, this volume examines the legislation adopted at European Union level as well as the impact of particular national measures to implement that legislation. Where appropriate, comparisons are drawn between the manner in which European Union legislation has been implemented among various Member States. Critically assessing European Union and national measures, in the light of other policy pressures such as the influence of world trade agreements and the political pressures exerted by the agricultural sector within the national legal systems of individual Member States, this volume is a valuable resource for academics researching and practitioners working in the areas of European Union environmental and agricultural law.This book analyzes the legality of the use of force by the US, the UK and their NATO allies against…
Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.Legal Thoughts Convert: Rethinking Legal Thinking (SpringerBriefs in Law)
By Jan M. Broekman, Frank Fleerackers. 2020
This book highlights how conversion via communication is one of the most important issues in legal thinking. A major aspect…
is its link with language – legal texts, judgments, opinions and legal concepts included. Further, conversion is connected to all social positions in law. But a jurist will not solely master specific social behaviors or become the manager of large-scale political fields of law as a legal scientist. A continuously changing integration opens up to his views on reality as it presents itself incessantly. Law and its functionaries are in a never-ending process of change in all domains of culture, which mark the 21st century. Conversions thus concern the riddle of wisdom and automatism, of individual privacy and social fixations, of philosophical considerations and converting flows.International Investment Law and Gender Equality: Stabilization Clauses and Foreign Investment (Routledge Research in International Economic Law)
By Sangwani Patrick Ng’ambi, Kangwa-Musole George Chisanga. 2020
This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource…
rich nations.Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements.The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.Admiralty Jurisdiction and Practice (Lloyd's Shipping Law Library)
By Nigel Meeson, John Kimbell. 2018
Admiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court. It provides unrivalled commentary and analysis…
of the key principles of admiralty law, from jurisdiction and procedure to forms and precedents, and is firmly established as the leading reference guide for today’s maritime practitioner. The authors also deal with several topics not covered elsewhere, including the impact of insolvency, the interplay between jurisdiction and practice, limitation periods, the role of international conventions, and collision action rules. The fifth edition has been fully updated to include new case law and vital changes in Commercial Court practice and procedure. It also includes brand new material on the topical jurisdictions of Hong Kong and South Africa, including a comparison to English law and expert commentary on important issues such as ship arrest. This book is a first choice for all those concerned with admiralty law.Handbook for Marine Radio Communication
By G. D. Lees, W. G. Williamson. 2015
This bestselling book provides an incomparable reference source for all vessels using maritime radio communication systems, which are now a…
legislative requirement. It includes exhaustive coverage of all UK and international regulations relating to modern maritime communications, such as the crucial GMDSS, all contained within one singular volume. This sixth edition has been fully updated to take into account major developments over the last five years, in particular the revised regulations introduced by the International Telecommunication Union in 2012. The authors deliver an authoritative guide to the complicated and changing world of radio communications, including: The very latest technological advances in terrestrial and satellite communications Changes to the international VHF channel allocation and channel spacing The major overhaul of the organisational structure of the UK Coastguard service Substantial enhancements to the eLoran services The changing complexities of voyage planning Large diagrams, an extensive index and fully-updated appendices This is a definitive guide for today’s maritime communications industry, including ship owners, ship managers, coast guards, seafarers, students of maritime communications, as well as the recreational sector.International Empirical Studies on Religion and Socioeconomic Human Rights (Religion and Human Rights #5)
By Hans-Georg Ziebertz. 2020
Socioeconomic rights include rights with regard to social security, labour and employment, as well as cultural rights which may be…
regarded as a shield for the protection of human dignity, especially of specific groups, such as women, children and refugees. The enforceability of socioeconomic rights clearly distinguishes them from other rights. These rights need, perhaps more than others, the support of civil society. Because states have leeway in how resources are distributed, civil society has a major impact on what resources are used to fulfil socio-economic rights. One of the actors in the public arena are religious traditions, respective Churches. Most of them have developed ethical standards for individual conduct and rules for living together in society based on their basic scriptures. All three monotheistic religions, Judaism, Christianity, and Islam, are marked by a caring engagement for the poor, the sick, the old and the foreign. From an empirical perspective, the general research question of this volume is how young people understand and evaluate socioeconomic rights and to which degree religious convictions and practices are connected with attitudes towards these human rights. Can religion be identified as a force supporting the human rights regime and which additional concepts strengthen or weaken the consent to these rights? The richness of empirical data contributes to a better understanding how socioeconomic rights are legitimated in the opinion of more than 10.000 respondents in 14 countries.Religion and the Law: of Church and State and the Supreme Court
By Elizabeth Eddy. 2009
There are few issues as controversial as where to draw the line between church and state. The framers of the…
Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. Th e fi rst clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Th e justices of the Supreme Court have not been wanting for advice from self-appointed guardians. Th e diffi culty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.Media Freedom and Contempt of Court (Library Of Essays In Media Law Ser.)
By Eric Barendt. 2009
The essays discuss the restrictions imposed by contempt of court and other laws on media freedom to attend and report…
legal proceedings. Part I contains leading articles on the open justice principle. They examine the extent to which departures from that principle should be allowed to protect the rights of parties, in particular the accused in criminal proceedings, to a fair trial, and their interest in being rehabilitated in society after proceedings have been concluded. The essays in Part II examine the topical issue of whether open justice entails a right to film and broadcast legal proceedings. The articles in Part III are concerned with the application of contempt of court to prejudicial media publicity; they discuss whether it is possible to prevent prejudice without sacrificing media freedom. Another aspect of media freedom and contempt of court is canvassed in Part IV: whether journalists should enjoy a privilege not to reveal their sources of information.The Institutions of Private Law and Their Social Functions
By Eli Ginzberg. 2009
In the English-speaking world, Karl Renner is by far the best-known among the Austro-Marxists who were active in the Austrian…
socialist movement during the first few decades of the twentieth century. Recognition of Renner's scholarship is due largely to the English translations of his works on Marxism, as well as to the secondary writings on his notions of socialist legality and national cultural autonomy.Renner has for over half a century been celebrated for the only book of his that has, to date, been wholly translated into English. It remains the classic socialist attempt to off er a realistic understanding of the role of the legal institution of private property in modern society: The Institutions of Private Law and Their Social Functions. In his introduction to this edition, A. Javier Trevii?1/2o discusses the volume's relevance for today, and briefly describes that aspect of Renner's life that occupied most of this time and energy: his involvement in Austrian social democratic politics.The substance of Renner's exposition remains intact. The text provides one of the best insights into the relationship between capitalism and property's economic functions. It emphasizes how this fundamental institution's application has, since the initial stage of finance capitalism, increased or diminished, been externally transformed, or inherently metamorphosed. In an age of unprecedented global financial crisis, emerging market countries, and increased government regulation, Trevii?1/2o suggests we would do well to heed the book's message. It might help us understand the complex situations we encounter today as we grapple with our hybrid identities as salaried workers and economic investors.Class Actions and Government
By Rachael Mulheron. 2020
The relationship between class actions and government makes for a nuanced and fascinating study. Government sets the scene by implementing…
and designing the regime, by choosing whether to act as a seed-funder for the regime, and by deciding to what extent it should regulate the regime against worldwide classes being litigated on its doorstep. It can then become a key player in the litigation itself. Government may be a representative claimant bringing the action, or a class member, or a potential financial beneficiary. Most commonly of all, it may be a defendant, being sued under the very regime which it enacted into law. With numerous opt-out class action regimes around the common law world in place, and others on the horizon, the book takes a comparative perspective throughout, and concludes with a series of recommendations, drawn from that comparative analysis of government's intricate interplay with class actions.Same-Sex Parenting and the Best Interests Principle
By Lydia Bracken. 2020
This book is written for academics, students, policymakers, practitioners, and non-governmental organisations interested in the legal recognition of LGBT+ parenting.…
The book presents arguments in favour of the legal recognition of gay and lesbian families that are based on consideration of the best interests of the child. In this context, 'best interests' is informed by reference to children's rights and to social science data. Applied in this manner, it is argued that the best interests of children can be used to demand that same-sex parenting arrangements are afforded legal recognition and protection. Suggestions are also presented as to the most appropriate manner of providing for this recognition in the areas of parental responsibility, adoption, donor-conception and surrogacy. These suggestions are drawn from comparative case studies, focusing on England and Wales, Ireland and South Africa, that are used to facilitate assessment of the best interests principle.Unrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an…
'enterprise-ready' attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of Indigenous peoples' rights to land? This original perspective on transnational development projects explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise.International Humanitarian Law
By Emily Crawford, Alison Pert. 2020
The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be…
one of the most dynamic areas of law today. This book provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering a comprehensive and logical discussion and analysis of the law. The book contains detailed examples, extracts from relevant cases, useful discussion questions, and a recommended reading list for every chapter. Emerging trends in theory and practice of international humanitarian law are also explored, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century. This second edition offers new sections on issues like detention in non-international armed conflict, characterisation of non-international armed conflicts, expanded chapters on occupation and the protection of civilians, means and methods of warfare, and implementation, enforcement and accountability.How should copyright exceptions be drafted? This is a question of ongoing concern in scholarly and law reform debates. In…
Drafting Copyright Exceptions, Emily Hudson assesses drafting options using insights from the standards and rules literature, and case studies from cultural institutions in Australia, Canada, the UK and the US. Drawing on thousands of hours of interviews conducted over fourteen years, the book describes how staff engage with and interpret the law. Whilst some practices are guided strongly by copyright doctrine, others are influenced by the factors such as ethical views, risk assessment, and prosaic matters related to collection management. This work should be read by anyone interested in a detailed account of interpretative practices related to the drafting of copyright exceptions, but it also speaks to broader debates about the relationship between the 'law in books' and the 'law in action'.Critical Race Theory: The Key Writings That Formed The Movement
By Cornel West, Kimberle Crenshaw, Neil Gotanda, Garry Peller, Kendall Thomas. 1995
In the past few years, a new generation of progressive intellectuals has dramatically transformed how law, race, and racial power…
are understood and discussed in America. Questioning the old assumptions of both liberals and conservatives with respect to the goals and the means of traditional civil rights reform, critical race theorists have presented new paradigms for understanding racial injustice and new ways of seeing the links between race, gender, sexual orientation, and class. This reader, edited by the principal founders and leading theoreticians of the critical race theory movement, gathers together for the first time the movement's most important essays.Nuclear Non-proliferation and Arms Control Verification: Innovative Systems Concepts
By Irmgard Niemeyer, Mona Dreicer, Gotthard Stein. 2020
This book strives to take stock of current achievements and existing challenges in nuclear verification, identify the available information and…
gaps that can act as drivers for exploring new approaches to verification strategies and technologies. With the practical application of the systems concept to nuclear disarmament scenarios and other, non-nuclear verification fields, it investigates, where greater transparency and confidence could be achieved in pursuit of new national or international nonproliferation and arms reduction efforts. A final discussion looks at how, in the absence of formal government-to-government negotiations, experts can take practical steps to advance the technical development of these concepts.This book considers the “three Ps” of liberty: pragmatism, pluralism, and polycentricity. These concepts enrich the complex tradition of classical…
liberal jurisprudence, providing workable solutions based on the decentralization, diffusion, and dispersal of power.Developing Public Sector Leadership: New Rationale, Best Practices and Tools
By Petri Virtanen, Marika Tammeaid. 2020
This book presents tools, techniques, and best practices to develop public-sector leadership. Based on scholarly research as well as the…
authors’ professional experience as leadership trainers and consultants, it offers guidance and practical know-how for public-sector managers, civil servants and policymakers in public administration on how to create and develop leadership skills and practice. By analyzing the particular nature of political processes and public policy decision-making as well as the complex challenges of public organizations, the authors identify competencies, leadership skills and methods required for successful governance, administration, and management of public organizations. The authors also discuss different leadership styles and philosophies, cover topics such as public sector leadership training of 2020’s, and present case studies on successful public-sector leadership development and future-oriented leadership models. Balancing public-sector leadership theory with practical illustrations and examples, tools and techniques, the book helps managers master the art of public-sector leadership.