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Books > Law > International law > General
The ever-growing interaction between member States and
international organisations results, all too often, in situations
of non-conformity with international law (eg peacekeeping
operations, international economic adjustment programmes,
counter-terrorism sanctions). Seven years after the finalisation of
the International Law Commission's Articles on the Responsibility
of International Organisations (ARIO), international law on the
allocation of international responsibility between these actors
still remains unsettled. The confusion around the nature and
normative calibre of the relevant rules, the paucity of relevant
international practice supporting them and the lack of a clear and
principled framework for their elaboration impairs their
application and restricts their ability to act as effective
regulatory formulas. This study aims to offer doctrinal clarity in
this area of law and purports to serve as a point of reference for
all those with a vested interest in the topic. For the first time
since the publication of the ARIO, all international responsibility
issues dealing with interactions between member States and
international organisations are put together in one book under a
common approach. Structured around a systematisation of the
interactions between these actors, the study provides an analytical
framework for the regulation of indirect responsibility scenarios.
Based on the ideas of the intellectual fathers of international
law, such as Scelle's 'dedoublement fonctionnel' theory and Ago's
'derivative responsibility' model, the book employs old ideas to
add original argumentation to a topic that has been dealt with
extensively by recent commentators.
'The fields of comparative administrative law and its close cousin,
regulatory law, are now experiencing the explosion that occurred a
while ago in comparative constitutional law. This Bignami and
Zaring volume provides both excellent introduction into these
newest developments and a record of substantial research
achievements.' - Martin Shapiro, University of California,
Berkeley, School of Law Regulation today is global. It affects
everything from e-commerce to product safety to air quality and
much more. How is regulation made and enforced in the multiple
domestic and international jurisdictions called upon to address the
problems of international markets and global society? To understand
the global regulatory process, it is necessary to move beyond
conventional sub-fields of law like administrative law and
international law. Drawing on contributions from an international
team of leading scholars with diverse subject and country
expertise, Comparative Law and Regulation introduces a new field of
legal research geared at understanding the operation of the
regulatory process across the world. The volume affords
cutting-edge analysis of the entire gamut of regulatory law:
rulemaking by bureaucracies, legislatures, and private bodies;
oversight by public and private actors; civil and criminal
enforcement; and judicial review. The chapters cover over thirty
different domestic and international jurisdictions, including the
United States, Germany, the European Union, India, China, South
Korea, Colombia, the World Trade Organization, and private
investor-state arbitral tribunals. The theoretical and
methodological innovations introduced in this book will make it
compulsory reading for scholars of public law, comparative law, and
international law as well as those working in public policy,
political science, and economics. For legal professionals in
government agencies and the private sector, it affords both a
useful theoretical framing of the complex issues involved in
international and comparative regulation and an up-to-date overview
of the legal and technical aspects. Contributors include: J. Baert
Wiener, F. Bignami, A.R. Chapman, C. Coglianese, E.A. Feldman, C.
Fish, L. Forman, J. Fowkes, D.A. Hensler, H.C.H. Hofmann, C.-Y.
Huang, R.D. Kelemen, E. Lamprea, D.S. Law, D. Lima Ribeiro, J.
Ohnesorge, L. Peter, S. Rose-Ackerman, G. Shaffer, J.L. Short, S.
Smismans, B. Van Rooij, W. Wagner, B. Worthy, J. Yackee, D. Zaring
The Research Handbook on International Abortion Law provides an
in-depth, multidisciplinary study of abortion law around the world,
presenting a snapshot of global policies during a time of radical
change. With leading scholars from every continent, Mary Ziegler
illuminates key forces that shaped the past and will influence an
unpredictable future. In addition to basic, fundamental concepts,
this Research Handbook offers valuable insight into new
developments in law and medical practice, from medication abortion
to the rise of illiberal democracy, and explores the evolution of
social movements for and against illegal abortion in a wide variety
of national contexts. This is a crucial reference for students,
scholars, professors, and policymakers interested in the
complexities of abortion law and politics, and the influences that
are crossing borders and shaping the present moment.
The sexual abuse of children and teens by rogue priests in the U.S.
Catholic Church is a heinous crime, and those who pray for a
religious community as its ministers, priests and rabbis should
never tolerate those who prey on that community. The legal disputes
of recent years have produced many scandalous headlines and fuelled
public discussion about the sexual abuse crisis within the clergy,
a crisis that has cost the U.S. Catholic Church over $3 billion. In
The Clergy Sex Abuse Crisis and the Legal Responses, two eminent
experts, James O'Reilly and Margaret Chalmers, draw on the lessons
of recent years to discern the interplay between civil damages law
and global church-based canon law. In some countries civil and
canon law, although autonomous systems of law, both form part of
the church's legal duties. In the United States, freedom of
religion issues have complicated how the state adjudicates both
cases of abuse and who can be held responsible for clerical
oversight. This book examines questions of civil and criminal
liability, issues of respondeat superior and oversight, issues with
statutes of limitations and dealing with allegations that occurred
decades ago, and how the Church's internal judicial processes
interact or clash with the civil pursuit of these cases.
The Yearbook aims to promote research, studies and writings in the
field of international law in Asia, as well as to provide an
intellectual platform for the discussion and dissemination of Asian
views and practices on contemporary international legal issues.
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