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Showing 121 - 140 of 24463 items
By Randall Peerenboom. 2004
Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development,…
the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.By Maarten Den Heijer, Harmen van der Wilt. 2016
Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the…
Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development.By Kelly Traver, Betty Kelly Sargent. 2009
WHY IS THE PROGRAM DIFFERENT FROM EVERY OTHER HEALTH, DIET, AND FITNESS METHOD? BECAUSE IT WORKS. Dr. Kelly Traver understands…
that the human brain resists change. Only when we learn the secrets of how to get our brain to work for us, not against us, can we make healthy, permanent lifestyle changes. She teaches us what those secrets are and shows us how to use them in this mind-expanding and waistline-shrinking system for getting into shape and staying that way. By combining cutting-edge discoveries in neuroscience with the latest information in medicine, nutrition, and fitness, Dr. Traver developed The Program and initially tested it on her patients, who ranged in age from 20 to 81. Her results were astounding. Among those who were overweight, the average weight loss was 19 pounds. Among those who were diabetic, 80 percent achieved a reduction in their blood sugars. Among those with high blood pressure, 87 percent returned their blood pressure to normal. Some 80 percent of the smokers success-fully kicked the habit. In the course of twelve short weeks, readers can achieve similar success by following Dr. Traver's simple, straightforward instructions for working with the stubbornly change-resistant brain so that it not only accepts new, healthy lifestyle habits but actually embraces them. Google, Target, and Stanford University have already adopted Dr. Traver's system to achieve better health for their employees. You are in the driver's seat of your health. By personalizing The Program's powerful tools you can learn to change your body and your life, simply by understanding and working with your brain.Since the end of the Cold War, the Middle East has been the focus of various projects for the establishment…
of arms control (including CBMs) regimes. Whereas some of these projects were initiated at the global level, others were discussed and debated at the regional level. This book analyses the global and regional dynamics of arms control in the Middle East in the post-Cold War era. It examines American and European arms control projects, the contexts in which they were presented, the reactions of major regional actors, and their impacts on arms control efforts in the region. It assesses Arab perceptions of the motivations for and constraints on establishing arms control regimes. It also explores the prospects of regional arms control in the context of the ongoing Arab Spring with its ramifications for Arab regional politics, and provides a new perspective on arms control in the Middle East. This volume enriches the ongoing discourse, which to date has been dominated by mainly Western perspectives.By Sonja C. Grover. 2010
Young People's Human Rights and The Politics of Voting Age explores the broader societal implications of voting age eligibility requirements…
and the legislative bar against youth voting in North America and in Commonwealth countries (where 'youth' is defined as persons 16 and over but under age 18). The issue is raised as to whether the denial of the youth vote undermines democratic principles and values and ultimately the human dignity of youth. This is the first book to address the topic of the youth vote in-depth as a fundamental human rights concern relating to the entitlement in a democracy to societal participation and inclusion in influencing policy and law which profoundly affects one's life. Also examined are international perspectives on the issue of voting age eligibility. The book would be extremely valuable for instructional purposes as one of the primary texts in undergraduate or graduate courses on children's human rights, political psychology, political science , sociology of law or society and as a supplementary text for courses on human rights or constitutional law and would be of interest also to members of the general public concerned with children's human rights issues.By Ana G. López Martín. 2009
This book analyzes the regime of navigation in historical relation to the United Nations Convention of the Law of Sea…
(UNCLOS) of 10 December 1982, and then analyzes in detail the concept of international straits to arrive at a complete definition. This work examines the eight categories of straits laid out in the UNCLOS. It analyzes the right of innocent passage and the regime of transit passage, both systems of navigation in international straits, and then presents the domestic legislation and the traffic separation schemes which apply to international straits. Finally, the work includes a complete catalogue of straits with the reference to their respective UNCLOS articles.Nonprofit? Stay out of IRS trouble with the ultimate corporate housekeeping tool! Nearly 1.5 million nonprofit organizations are busy preserving…
historic sites, saving libraries, helping the homeless, greening our cities--and so much more. Yet, while some have sophisticated record-keeping systems, most nonprofits are staffed by volunteers who need help running the organization and keeping up a proper--and legal--paper trail. Help has arrived! With Nonprofit Meetings, Minutes & Records, you'll get the all-in-one solution every nonprofiteer needs to hold meetings and document actions taken by board members. Step by step, it walks readers through: calling meetings appointing officers taking minutes making resolutions voting on proposals adjourning meetings working with a lawyer, if necessary, and finding a tax adviser. Nonprofit Meetings, Minutes & Records also provides useful tips and advice on how to do important tasks, such as organizing records, preparing meeting folders, and taking minutes. Plus, all necessary legal documents are included for you to fill out. It's everything you need to keep your nonprofit running smoothly and legally.By Joseph E. David. 2014
The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the 'Word of God' -…
the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.By Claus Ahrens, Ignacio Czeguhn. 2010
Der Band führt einerseits in das Sachenrecht ein und bietet andererseits die Möglichkeit, vorhandenes Wissen zu wiederholen und zu vertiefen.…
Anhand ausführlicher Lösungsskizzen behandeln die Autoren solche Problempunkte, die in der Regel in den Klausuren angesprochen werden. Den behandelten Fällen beigefügt sind vertiefende Anhänge, in welchen die Themen theoretisch aufbereitet werden. Die Neuauflage enthält eine erweiterte Auswahl an Fällen zu relevanten Problemen des Sachenrechts, Literatur und Hinweise wurden aktualisiert.By Viola Prifti. 2015
This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with…
article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder's exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.By Christophe Paulussen, Terry D. Gill, Robin Geiß, Robert Heinsch, Tim Mccormack, Jessica Dorsey. 2014
'Child Soldiers and the Lubanga Case' and 'The Tallinn Manual on the International Law Applicable to Cyber Warfare' are the…
two central themes of this volume. Each of these timely topics is addressed from three different angles, providing a truly comprehensive analysis of the subject. The book also features an article on the duty to investigate civilian casualties during armed conflict and its implementation in practice and an elaborate year in review, discussing developments that occurred in 2012. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.By J.R. de Ville, C. W. Maris, F.C.L.M. Jacobs. 2011
The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around…
the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.By David W. Hursh, Hilarie B. Davis, Camille A. Martina, Michael A. Trush. 2010
Every day we are exposed to toxins and toxicants that can impact our health. Yet we rarely teach elementary and…
secondary students about these exposures and how they can reduce their risk to them. In this book we highlight activities and curriculum developed at nine universities in the United States from a grant funded by the National Institute of Environmental Health Sciences. Our goal is to extend these lessons to a global audience and for classroom teachers of all subjects and age levels to include environmental health in their teaching. 'An invaluable tool for equipping informed citizens to think about the environment and its human impacts --both the science, and equally important, the social and ethical dimensions' , Howard Frumkin, M.D., Dr. P.H., Dean, School of Public Health, University of Washington, Seattle, WA, USABy Gabriel Hallevy. 2011
Derivative criminal liability includes inchoate offenses (criminal attempt, conspiracy, preparatory offenses, etc.), complicity (joint perpetration, perpetration through another, incitement, solicitation,…
accessoryship, etc.), organized crime, natural and probable consequences liability, post-crime aid, enterprise liability, terrorism and terrorist infrastructure, and many more forms of criminal liability, clearly making it a major pillar of modern criminal law. Although derivative criminal liability affects countries worldwide, there is still no general legal theory that covers this issue. The objective of the present book is to develop a comprehensive, general, legally sophisticated, and at the same time practical theory of derivative criminal liability. The book emphasizes the practicality of the theory to enable courts, lawyers, legislators, attorneys, students, and academics to apply it in their daily professional occupations.By Fr. Thomas Dubay. 1977
By Theodosios Tsivolas. 2014
This book examines in detail both historical and current legal concepts of 'religious cultural heritage' within the context of the…
European continent. The latter group is primarily based on the variety of sacred cultural elements emanating from the different religious traditions of the peoples of Europe, which are deemed worthy of protection and preservation due to their outstanding value, in terms of their social, cultural and religious significance. In view of this, the study provides evidence of the European States' active involvement with their sacred/cultural treasures, on the basis of the political and legal foundations of neutrality and pluralism. Furthermore, the book analyzes all relevant international legislative instruments (i. e. the plethora of EU, EC and UNESCO norms), as well as all major European legislative patterns, in light of their significance for the aforementioned aspects of pluralism and neutrality. The interdisciplinary references listed at the end of each chapter provide an additional incentive for further reading on the subject matter. The most important finding to emerge from the study is that there is a shared legal ethos in Europe that imposes a duty of appropriate care concerning the vast variety of sacred cultural goods and the religious cultural heritage in general, as an invaluable repository of European cultural capital. It also considers the sui generis nature of this capital: like any other type of asset, it may deteriorate or fade over time, necessitating investment in its preservation or refurbishment; nevertheless, like no other, this particular capital maintains a distinct cultural value, as it contains an additional characteristic of 'sacredness' expressed in the form of its 'religious character,' the latter being analyzed as a triptych of religious memory, religious aesthetics and religious beliefs.By Paul James Cardwell. 2011
This is a collection of works which considers the many different facets of the EU's increasingly important engagement with the…
world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the 'pillar' structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of 'internal' security. Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.Despite the enormous diversity and complexity of financial instruments, the current taxation of hybrid financial instruments and the remuneration derived…
therefrom are characterized by a neat division into dividend-generating equity and interest-generating debt as well as by a coexistence of source- and residence-based taxation. This book provides a comparative analysis of the classification of hybrid financial instruments in the national tax rules currently applied by Australia, Germany, Italy and the Netherlands as well as in the relevant tax treaties and EU Directives. Moreover, based on selected hybrid financial instruments, mismatches in these tax classifications, which lead to tax planning opportunities and risks and thus are in conflict with the single tax principle, are identified. To address these issues, the author provides reform options that are in line with the dichotomous debt-equity framework, as he/she suggests the coordination of either tax classifications or tax treatments.By Andrej Zwitter, Hans-Joachim Heintze. 2010
It is becoming increasingly apparent that there are major gaps in International Humanitarian Law and Public International Law in the…
area of humanitarian assistance. In response international organizations such as the UN and the EU are developing their own legal frameworks for humanitarian assistance and the body of customary law and so-called international disaster response law is growing steadily. This however shows that a coherent body of law is far from being a given. The legal reality of international law pertaining to emergency response is rather broadly spread over various international legal fields and related documents, covering situations of armed conflict and natural disasters. This book is one of the first attempts of linking different legal areas in the growing field of what could be called the international law of humanitarian assistance.By Erika Szyszczak, Johan Willem Gronden. 2012
This book examines the legacy of the 2003 ruling of the Court of Justice of the European Union in Altmark.…
This case changed the direction of how Services of General and Economic Interest (SGEI) should be funded in the EU against a background of liberalisation, and the need for efficiency and global competitiveness. The book examines the European Commission's response to the Altmark ruling in the measures known as the 'Altmark-Monti-Kroes Package' and charts the review of this package from 2009 culminating in a new package of measures, known as the 'Almunia Package'. The seemingly technocratic idea of a review of the 'Altmark-Monti-Kroes Package' could not have anticipated the demanding and changed economic and constitutional context of the EU in 2009. It is in this light that the authors in this book explore in great detail the different components of the new 'Almunia Package' of measures introduced in 2011-2012, offering a critical review and highlighting where the future direction of the regulation of SGEI may lead as the EU struggles in an economic climate of austerity to balance a new constitutional dimension of a 'highly competitive social market economy' with a modernisation agenda for the single market.