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Books > Law > International law > General
This handbook offers a comprehensive overview of the most important
and fundamental elements for the management of team sports
organisations. It is intended to meet the needs of full-time and
voluntary individuals in management positions in professional and
semi-professional sports clubs, leagues and federations, and those
who aspire to such positions. In addition to management-relevant
aspects, its interdisciplinary approach also includes the basics of
law and media, which are vital to the successful management of team
sports organisations. Bringing together experts from the respective
disciplines, the book's content is presented in a clear and
straightforward manner, facilitating its implementation in
practice.
This book analyses the features and functionality of the
relationship between the law, individual or collective values and
medical-scientific evidence when they have to be interpreted by
judges, courts and para-jurisdictional bodies. The various degrees
to which scientific data and moral values have been integrated into
the legal discourse reveal the need for a systematic review of the
options and solutions that judges have elaborated on. In turn, the
book presents a systematic approach, based on a proposed pattern
for classifying these various degrees, together with an in-depth
analysis of the multi-layered role of jurisdictions and the means
available to them for properly handling new legal demands arising
in plural societies. The book outlines a model that makes it
possible to focus on and address these issues in a sustainable
manner, that is, to respond to individual requests and
technological advances in the field of biolaw by consistently and
effectively applying suitable legal instruments and jurisdictional
interpretation.
Challenging the legality of UK nuclear policy as a further
generation of nuclear-armed submarines is developed, Trident and
International Law asks who is really accountable for Coulport and
Faslane. The UK government in Westminster controls nuclear policy
decisions even though Britain's nuclear submarines and warheads are
all based in Scotland, at Faslane and Coulport. The Scottish
Government therefore has responsibilities under domestic and
international law relating to the deployment of nuclear weapons in
Scotland. Public concern about nuclear deployments, and
particularly the security and proliferation implications of
modernising Trident, led the Acronym Institute for Disarmament
Diplomacy, the Edinburgh Peace and Justice Centre and Trident
Ploughshares to organise an international conference on 'Trident
and International Law: Scotland's Obligations' in Edinburgh in
2009. This book presents the key papers and documents, with
additional arguments from renowned legal scholars. The findings
should be of interest to lawyers, policymakers and citizens with
interest or responsibilities in legal and nuclear issues, public
safety and human security. Whilst focusing on Scotland, this book
raises serious questions for nuclear weapon deployments worldwide.
This book instructively introduces the reader to the basics of
Jewish law. It gives a detailed, cutting-edge analysis of
contemporary public and private law in the State of Israel, as well
as Israel's legal culture, its system of government, and the roles
of its democratic institutions: the executive, parliament, and
judiciary. The book examines issues of Holocaust, law and religion,
constitutionalization, and equality.
This book is a tribute to the work of Professor Terry Gill, offered
to him by friends and colleagues who are also academics and/or
practitioners in the field of International Law of Military
Operations (ILMO). ILMO is a distinct sub-discipline within public
international law and domestic public law, covering all domains of
military operations: land, sea, air and (cyber)space. As such, ILMO
includes elements of other branches of public international law,
such as international humanitarian law, human rights law, the law
on the use of force, the law of the sea, the law of State
responsibility, arms control law and the law of international
organisations. Importantly, as a hybrid field of law, ILMO covers
the legal basis for military deployment both nationally and
internationally, as well as the subsequent international legal
regimes applicable to the forces (once deployed) and the domestic
administrative and constitutional issues related to the relevant
forces. Control is a central notion of ILMO and is the leading
theme of this book. The contributions in this book reflect the
variety of legal frameworks applicable to military operations and
offer an insightful view into the various legal and factual roles
of control. The legal notion of control is considered, inter alia,
in relation to restraints in the decision to deploy military forces
and the legal basis for doing so. The impact of control is also
discussed in relation to State and command responsibility and in
different situations, including during peace operations, occupation
and other situations of armed conflict. Additionally, control is
considered over the armed forces themselves, over detainees
migrants at sea and over the type or scale of force used in
military operations, through targeting rules or rules of
engagement. Furthermore, the book contains several discussions of
control in the case law of international courts, within arms
control law, weapons law and in the context of autonomous weapons
systems. The editors of the book are all practitioners,
academically affiliated to the Faculty of Military Sciences (War
Studies) of the Netherlands Defence Academy and/or the Law Faculty
of the University of Amsterdam.
This book offers a meditation on global justice and international
political and legal theory. The author assesses positions in the
current debate over the moral nature and limits of sovereignty. He
also evaluates the normative role sovereignty ought to play in the
practical deliberations of states. The discussion moves from theory
to practice. Coverage starts with a conceptual analysis and moral
critique. It then goes on to consider specific issues. These
include global climate change, secession and self-determination,
human rights, global distributive justice, and immigration. Readers
will learn how states ought to deliberate about and respond to
these important topics. They will also discover potential
institutional structures better suited to resolving these issues
while also respecting state sovereignty. In working through each
specific challenge, the author provides insight into how we ought
to think about challenges facing the international community and
the potential for properly constructed institutions to function as
solutions. These analyses also provide a valuable critical lens to
assess the actions (and omissions) of our leaders. In the end, the
book argues that domestic governments and regional bodies should be
responsible for implementing the chosen course of action. This
would provide a basis for holding political leaders more
accountable.
This book builds on the success of the First International
Conference on Facts and Evidence: A Dialogue between Law and
Philosophy (Shanghai, China, May 2016), which was co-hosted by the
Collaborative Innovation Center of Judicial Civilization (CICJC)
and East China Normal University. The Second International
Conference on Facts and Evidence: A Dialogue between Law and
History was jointly organized by the CICJC, the Institute of
Evidence Law and Forensic Science (ELFS) at China University of
Political Science and Law (CUPL), and Peking University School of
Transnational Law (STL) in Shenzhen, China, on November 16-17,
2019. Historians, legal scholars and legal practitioners share the
same interest in ascertaining the "truth" in their respective
professional endeavors. It is generally recognized that any
historical study without truthful narration of historical events is
fiction and that any judicial trial without accurate fact-finding
is a miscarriage of justice. In both historical research and the
judicial process, practitioners are invariably called upon, before
making any arguments, to prove the underlying facts using evidence,
regardless of how the concept is defined or employed in different
academic or practical contexts. Thus, historians and legal
professionals have respectively developed theories and
methodological tools to inform and explain the process of gathering
evidentiary proof. When lawyers and judges reconsider the facts of
cases, "questions of law" are actually a subset of "questions of
fact," and thus, the legal interpretation process also involves
questions of "historical fact." The book brings together more than
twenty leading history and legal scholars from around the world to
explore a range of issues concerning the role of facts as evidence
in both disciplines. As such, the book is of enduring value to
historians, legal scholars and everyone interested in
truth-seeking.
This original book is the first serious study investigating the
crowdfunding phenomenon, which has developed deep meaning for
various stakeholders benefiting from this funding collection
mechanism and its innovative new role, especially in the processes
of business creation and spread of entrepreneurship. The actors
involved -promoters, supporters, and the platforms through which
the campaigns are launched - constitute an ecosystem in continuous
evolution, which has grown dramatically and allows for its further
development. Irini Liakopoulou has conducted with the "multiple
paper thesis" method in which original and innovative contributions
are presented, applying new techniques and methodologies. The
book's goal is to foster debate about crowdfunding, an
under-researched topic whose implications are not fully understood
but will be a vital part of social and economic life in the future.
This two-volume set investigates the concept, institutionalization,
models and mechanism of mediation, an important form of alternative
dispute resolution within China’s legal system. Grounded in
traditional dispute resolution practices throughout Chinese
history, mediation is born out of the Chinese legal tradition and
considered to be “Eastern†in nature. Seeking to explore how
mediation has developed in order to function in a modernized
society, the first volume looks into the legal foundations of
Chinese mediation as well as paths to the institutionalization and
professionalization of mediation. The second volume examines the
development of diversified dispute resolution via the elucidation
of eight major types of mediation in China. By reviewing its
history and enquiring into trends and prospects, the authors seek
to establish a mediation system that incorporates diversified
models, institutionalized and noninstitutionalized approaches,
changing contexts, and a range of dimensions for society. This
title will serve as a crucial reference for scholars, students and
related professionals interested in alternative dispute resolution,
civil litigation, and especially China’s dispute resolution
policy, law, and practice.
This book is a discussion of key documents that explain the
development, current status, and relevance of the international law
governing the initiation of military hostilities. International Law
and the Use of Force: A Documentary and Reference Guide brings to
life a crucial body of law, explaining its historical origins, the
core rules and principles of the regime embodied in the Charter of
the United Nations, and contentious aspects of that law in the
contemporary world. In light of the intensified interest in the
question of justified or unjustified use of force, this timely
resource introduces and analyzes over 40 documents relating to the
legality of the initiation of military hostilities. The volume
presents competing assessments of the legality of key uses of force
and explains mainstream positions on important issues such as
national right to self-defense, anticipatory and preemptive
self-defense, terrorism, aggression, and the role of the UN
Security Council. The book concludes by assessing whether the
international law that seeks to limit the number of wars has in
fact made the world a more peaceful place.
This is a book for an extraordinary time, about a pandemic for
which there is no modern precedent. It is an edited collection of
original essays on Asia's legal and policy responses to the
Covid-19 pandemic, which, in a matter of months, swept around the
globe, infecting millions. It transformed daily life in almost
every corner of the planet: lockdowns of cities and entire
countries, physical distancing and quarantines, travel restrictions
and border controls, movement-tracking technology, mandatory
closures of all but essential services, economic devastation and
mass unemployment, and government assistance programs on
record-breaking scales. Yet a pandemic on this scale, under
contemporary conditions of globalization, has left governments and
their advisors scrambling to improvise solutions, often themselves
unprecedented in modern times, such as the initial lockdown of
Wuhan. This collection of essays analyzes law and policy responses
across Asia, identifying cross-cutting themes and challenges. It
taps the collective knowledge of an interdisciplinary team of
sixty-one researchers both in the service of policy development,
and with the goal of establishing a scholarly baseline for research
after the storm has passed. The collection begins with an
epidemiological overview and survey of the law and policy themes.
The jurisdiction-specific case studies and cross-cutting thematic
essays cover five topics: first wave containment measures;
emergency powers; technology, science, and expertise; politics,
religion, and governance; and economy, climate, and sustainability.
Chapter 20. Cambodia: Public Health, Economic, and Political
Dimensions by Ratana Ly, Vandanet Hing, & Kimsan Soy is
available for free here:
http://fdslive.oup.com/www.oup.com/academic/pdf/law/RamrajCO
VID19AsiaCH20.pdf
This book explains the urgent necessity to compile a Civil Code and
calls for constitutional awareness in compiling that Civil Code,
highlighting the need for it to be done in a democratic and
scientific manner. It advocates "Pragmatic Methods" as a new
approach to compiling a Civil Code of China and shares the author's
thoughts on the constitutionality of compiling a Civil Code,
explains the object that is to be judged in terms of its
constitutionality, and the constitutionality of legal
interpretation, of legislative procedures and of legal application.
The book also illustrates the author's "mode of the codifying of
non-basic laws" for compiling a Civil Code, and includes a detailed
discussion on compiling a Civil Code to reveal how many valid laws
there are China - a matter that is of vital importance to the
compilation of the Civil Code.The Appendix includes statistics on
the number of civil cases classified according to causes of
actions, based on "Judicial Opinions of China" website, which is
the first step of the author's plan to investigate civil customs
reflected in judgment documents with the help of big-data
analytical methods.
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