Ffrench's book offers a way out of the pervasive confusion that has frustrated efforts of companies attempting to deal with foreign regulatory practices. Designed as a practical, comprehensive guide, it is the only work to present securities law and regulation for all of North, Central, and South America. In addition it provides details concerning various nations' business organizations, regulatory institutions, anti-trust laws, foreign investment laws, laws of insider trading, and labor laws. The author includes complete coverage of the intricate statutory regulations and case law of the United States and Canada, and he advances reform proposals that would simplify take-over and merger regulation in these and other countries.

This text offers a review of historical traditions of international ethical and political theory in the light of modern developments in political philosophy. McCarthy provides a defence of natural law tradition, and in response to the criticism of natural law that, along with Kantianism, it is too abstract to produce a substantive account of justice and rights, constructs an argument for basic, agency-grounded rights. Through his study, the author attacks "realism" and the modern "cosmopolitan" theories that have been too little debated.

As on 1 January 2020, some three percent of the population of the EU were citizens of one member state living and/or working in the territory of a member state other than that of which they are a citizen. In addition, around five percent of the resident population of the EU consisted of third country nationals. Naturally, these diasporic groups formed cross-border couples consisting of partners of different nationalities or partners of the same nationality both living in a country other than that of their origin. This reality, to be sure, raises many legal questions for the persons involved where the national family laws of several countries come into play. In an effort to bring about added legal certainty and predictability to couples in cross-border situations, the EU adopted several instruments often referred to together as 'EU private international family law'. This volume examines the two most recent of these: the Matrimonial Property Regulation (Regulation (EU) 2016/1103) and the Regulation on the Property Consequences of Registered Partnerships (Regulation (EU) 2016/1104), together referred to as the 'Twin Regulations'. These have proved to be a crucial piece of the European family law puzzle, regulating aspects of the everyday lives of those concerned. This book presents an in-depth analysis of these instruments, revealing the substance of the provisions in the regulations and exploring their practical implications in EU family law by discussing questions that are closely related to matrimonial and partnership property regimes. The contributors also cover the relevant CJEU case law and, where available, the national case law of the EU countries. Case studies are used to interrogate the potentialities of these new instruments. This book is a significant contribution to the literature on private international family law in general and on EU matrimonial property regimes in particular. It is addressed to legal professionals as well as academics and law students.

Despite the high hopes for EU-wide financial stability invested in the European Economic and Monetary Union, it is becoming more and more evident that the limited supervisory role of the European Central Bank has added to an already overcomplicated situation. Although European regulatory competences are now increasingly formalized through detailed rule making, they remain broad and widely discretionary. It is still the many different national authorities that are regulating or supervising banks and other financial institutions. The root issue what is the relationship between an effective European supervisor and the supervisory functions that remain at the Member State level has not yet been adequately addressed. Among the core issues of relevance analyzed in the book are the following: the increase in systemic risk that accompanies the introduction of the Euro; the inability of mere cooperation between national authorities to handle crises; the European Central Bank as an organizational model for the development of a single European regulator; the persistence of a traditional national character in surrounding areas of law such as contract law and company law; the heretofore intractable problem of the double burden of having to follow more than one set of national rules; and the apparent inertia of major business players, in spite of the obvious benefits for them of EU level regulation. Financial Markets in Europe offers a large and welcome measure of clear thinking to the entire professional community regulators, bankers, scholars, insurance professionals, securities managers engaged in the complex field of activity guided by monetary policy and supervision of financial markets. Becauseit raises broad issues and perspectives for a globalised world, it will be of value not only in Europe but to financial services specialists everywhere.

The Canadian Council on International Law was founded in 1972, with the aim of encouraging the study and analysis of international law issues in Canada. One of the Council's main activities is the organization of an annual conference dealing with contemporary subjects in international law. This book marks the 25th anniversary of the Council by bringing together 25 papers on international law, carefully selected from the proceedings of the annual conferences in the years since its foundation. The collection provides an overview of the issues considered by the Council in its first 25 years and highlights the significant contribution of Canadian experts to, and Canada's particular concerns in, the field of international law. The essays represent the work of leading international lawyers on issues concerning the theory and practice of public international law, including environmental law, human rights, the law of armed conflict and the issue of state succession. Le Conseil Canadien de Droit International a ete cree en 1972, dans le but de favoriser l'etude et l'approfondissement de questions de droit international au Canada. Une des principales activities du Conseil est l'organisation d'un congres annuel consacre a des sujets d'actualite en droit international. Cet ouvrage marque le 25e anniversaire du Conseil et regroupe 25 textes de droit international, choisis avec soin parmi les travaux des congres annuels organises depuis sa fondation. La collection illustre les themes qui ont fait l'objet d'etude par le Conseil durant ses 25 premieres annees d'existence et souligne l'importante contribution des specialistes canadiens dans les domaines du droit international qui sont d'un interet particulier au Canada. Ces articles representent la reflexion d'internationalistes de renom sur des sujets se rapportant a la theorie et a la pratique du droit international, y compris le droit de l'environnement, les droits de la personne, le droit relatif a la force armee et la question de la secession d'Etats.

This book examines how law functions in a multitude of facets and dimensions. The contributions shed light on the study of comparative law in legal scholarship, the relevance of comparative law in legal practice, and the importance of comparative law in legal education. The book will particularly appeal to those engaged in the teaching and scholarship of comparative law, and those seeking to uncover the various significant dimensions of the workings of law. The book is organised in three parts. Part I addresses scholarship, with contributors examining comparative legal issues as critique and from a theoretical framework. Part II outlines practice, with contributors discussing the function of comparative law in such comparatively diverse areas as international arbitration, environment, and the rule of law. Part III appraises comparative law in education.

The growing use of U.S. and multilateral economic sanctions -- and the increasing and controversial attention such measures are attracting internationally -- create a need for a detailed legal analysis of the subject and its policy implications for both U.S. practitioners and their counterparts in other countries. The expanding field of sanctions is especially worthy of close scrutiny as it generates significant (and often inadvertent) influence on finance and trade. Increasingly, lawyers and business people involved in international transactions must take account of the risks, both actual and potential, inherent in compliance with economic sanctions on trading partners. This major new work, a completely revised successor edition to the author's much-cited Economic Sanctions and U.S. Trade, shifts the main emphasis from the mechanics of applying foreign policy objectives to a careful and complete articulation of what those goals are or ought to be -- an approach that leads inevitably to a concrete methodology for assessing the effectiveness of sanctions. In the process the book examines such salient characteristics of the current and developing sanctions regime as the following: + the growing prominence of U.S. Congressionally-mandated sanctions programs; + the complex interaction of economic sanctions and trade policy; and + the marked increase in multilateral sanctions programs in which the U.S. is a participant. In-depth analysis of major U.S. sanctions programs (those imposed on Cuba, Libya, and Iraq, as well as several other lesser programs) presents numerous hypothetical but realistic international scenarios, demonstrating their working-out under the practical application of specific elements of each sanctions program. In this way U.S. Economic Sanctions: Theory and Practice provides the clearest, most explicit view of the legal contours and effects of this enormously significant aspect of international relations today.

The implementation of disarmament requirements imposed by the Security Council after the Second Gulf War established a strong and unequal power relationship between the United Nations and Iraq. Although the ensuing struggle over imposed disarmament has been a major issue in world politics, international relations theorists continue to ignore it. Deaver argues that this case has important theoretical implications. Using sociological insights and a behavioral approach, he examines the power relationship as well as Iraqi resistance from 1991 to 1998. Theorists are likely to find these analytic tools useful since they provide a ready means of studying the micro-foundations of power relations in generalized terms. Behavior such as supervision, surveillance, inspection, and monitoring are widespread and growing in world politics. A focus on tactics demonstrates the role of monitoring in maintaining and strengthening the relationship between the United Nations and Iraq. An analysis of dynamics makes comprehensible Iraqi losses of sovereignty and the eventual collapse of the relationship. Contrary to popular opinion, whoever escalated tensions hurt their own cause: Iraqi resistance contributed greatly to United Nations gains, while the United Nations successes led to the collapse of its relationship with Iraq.

This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.

Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.

With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made. This book focuses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors. The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.

Unlike many other trans-boundary policy areas, international migration lacks coherent global governance. There is no UN migration organization and states have signed relatively few multilateral treaties on migration. Instead sovereign states generally decide their own immigration policies. However, given the growing politicization of migration and the recognition that states cannot always address migration in isolation from one another, a debate has emerged about what type of international institutions and cooperation are required to meet the challenges of international migration. Until now, though, that emerging debate on global migration governance has lacked a clear analytical understanding of what global migration governance actually is, the politics underlying it, and the basis on which we can make claims about what 'better' migration governance might look like.
In order to address this gap, Global Migration Governance brings together a group of the world's leading experts to consider the global governance of different aspects of migration. The chapters offer an accessible introduction to the global governance of low-skilled labor migration, high-skilled labor migration, irregular migration, lifestyle migration, international travel, refugees, internally displaced persons, human trafficking and smuggling, diaspora, remittances, and root causes. Each of the chapters explores the three same broad questions: What, institutionally, is the global governance of migration in that area? Why, politically, does that type of governance exist? How, normatively, can we ground claims about the type of global governance that should exist in that area? Collectively, the chapters enhance our understanding of the international politics of migration and set out a vision for international cooperation on migration.

This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this context it evaluates the long-standing debate in the United Nations and human rights bodies about the 'imperfect peace'. Written from a practitioner-scholarly viewpoint and drawing from new authentic sources, the book describes the mechanisms used in peace agreements and post-conflict constitutions for managing ethnic or religious diversity, explains their legal limits under international human rights law, and provides a conceptual framework for analysing the nexus between law and peacemaking. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process and the element of time, needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It is a key resource for scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.

In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this work analyzes the role that data protection plays in the integration of markets. It puts special emphasis on financial and insurance services. Further, it identifies the differences in the data protection systems of EU member states and examines the development of common standards and principles of data protection that could help build a data protection model for Mercosur. Divided into four parts, the book starts out with a discussion of the evolution of the right to privacy, focusing on the last few decades, and taking into account the development of new technologies. The second part discusses the interaction between data protection and specific industries that serve as case studies: insurance, banking and credit reporting. The focus of this part is on generalization and discrimination, adverse selection and the processing of sensitive and genetic data. The third part of the book presents an analysis of the legislation of three EU Member States (France, Italy and UK). Specific elements of analysis that are compared are the concepts of personal and anonymous data, data protection principles, the role of the data protection authorities, the role of the data protection officer, data subjects' rights, the processing of sensitive data, the processing of genetic data and the experience of the case studies in processing data. The book concludes with the proposal of a model for data protection that could be adopted by Mercosur, taking into account the different levels of data protection that exist in its member states."

This book provides a detailed analysis of the contributions, constraints and opportunities available for nongovernmental organizations (NGOs) in peacemaking and peacebuilding. This book will critically appraise both NGO assets, such as their typical idealism, organizing talents and mediation capabilities, as well as their deficits (including the NGO tendency to polarize and to politicize, to disorganize and to destabilize, and to delegitimate and at once to legitimate) and to make recommendations for more effective interventions.

This edited volume analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected and how global public goods are provided in various domains. The chapters analyze the concept of 'community interests' and the adequacy and effectiveness of the institutional framework and mechanisms established under international law to protect and safeguard them. The volume is divided into four parts and begins with a preface by Judge Bruno Simma, who has pioneered work in this area. The first part of the book addresses some general issues, such as defining community interests, examining various forms of governance at the juncture of public and private international law, and whether international law and international courts are effective in providing so-called 'public goods'. Part II shifts the focus onto global commons and concerns, such as the accommodation and balancing of community interests under the UN Convention on the Law of the Sea, the potential for international organisations to protect said interests through countermeasures in responses to violations of erga omnes obligations, the prevention and punishment of corruption by large corporations, and the importance of good governance of natural resources in conflict-affected regions. Some key human rights and security-related issues are analyzed in Part III, such as the right to self-determination and prolonged occupation of Palestinian territory, foreign terrorist fighters and their return to their countries of origin, and the peasant rights movement and its exposition of diverging interests as protected under human rights law. Part IV concludes, outlining three potential research agendas concerning collective human security, collective natural resources, and world cultural heritage. The comprehensive impact of community interests visible today reveals a fundamental tension in contemporary international law - between the need to make international law adequately express and support what are assumed to be universally held moral beliefs and the need to make it firmly reflect its political context. This book demonstrates that international law research on the formulation and protection of community interests, combined with multi- or inter-disciplinary approaches, can provide useful insights and answers to important questions for the future of humankind.

This book describes how non-profit organisations (NPOs) communicate what they constitute, signal success and display sustainability in order to convince stakeholders to provide essential resources. Reports on intellectual capital offer a worthwhile approach. Based on empirical research, the book highlights the essential resources for NPOs and on the demand imposed on organisations, as well as the dependencies of those resources and demands. This insight helps NPOs to provide necessary information while keeping the disclosure to a minimum and thus not giving away possible competitive advantages. Further, the status-quo of IC disclosure in Germany is presented and a theoretical framework for the motivation for NPOs to disclose information on their IC is presented. Researchers will find these findings a solid foundation for further research. Finally, a framework for the disclosure of intellectual capital is provided to support practitioners.

Divorce has long been viewed as a single phenomenon affecting two individuals without considering the framework conditions in which it occurs. Due to the increase of divorce rates in the past decades researchers have changed their perspective and have concentrated on the view of divorce as a personal experience that is greatly affected by the socials and economic environment. The aim of this thesis is to investigate divorce that has become a mass phenomenon in our present society. The assumption is that in order to understand the grounds for divorce and its consequences, we have to view divorce as a phenomenon that occurs at the intersection of personal, socio-economic and legal factors. Family disputes involve persons who have interdependent and continued relati- ships and arise in a context of distressing emotions. Separation and divorce affect all the members of the family, especially children. The study presents a comprehensive analysis of divorce as a psychological process that is situated within a social and a legal context. It presents a comprehensive view of divorce as a psychosocial, economic and legal phenomenon and contains a review of the research literature about divorce and its consequences for parents and children. Moreover, it describes divorce by proposing conceptual frames and explanatory models.

This book addresses the need for deeper understanding of regulatory and policy regimes around the world in relation to the use of water for the production of 'unconventional' hydrocarbons, including shale gas, coal bed methane and tight oil, through hydraulic fracturing. Legal, policy, political and regulatory issues surrounding the use of water for hydraulic fracturing are present at every stage of operations. Operators and regulators must understand the legal, political and hydrological contexts of their surroundings, procure water for use in the fracturing and extraction processes, gain community cooperation or confront social resistance around water, collect flow back and produced water, and dispose of these wastewaters safely. By analysing and comparing different approaches to these issues from around the globe, this volume gleans insights into how policy, best practices and regulation may be developed to advance the interests of all stakeholders. While it is not always possible to easily transfer 'good practice' from one place to another, there is value in examining and understanding the components of different legal and regulatory regimes, as these may assist in the development of better regulatory law and policy for the rapidly growing unconventional energy sector. The book takes an interdisciplinary approach and includes chapters looking at water-energy nexus security in general, along with issue-focused and geographically-focused case studies written by scholars from around the world. Chapter topics, organized in conjunction with the stage of the shale gas production process upon which they touch, include the implications of hydraulic fracturing for agriculture, municipalities, and other stakeholders competing for water supplies; public opinion regarding use of water for hydraulic fracturing; potential conflicts between hydraulic fracturing and water as a human right; prevention of induced seismic activity, and the disposal or recycling of produced water. Several chapters also discuss implications of unconventional energy production for indigenous communities, particularly as regards sustainable water management. This volume will be of interest to scholars and students of energy and water, regulators and policymakers and operators interested in ensuring that they align with emergent best global practice.

During 2000-1 in Afghanistan, the Taliban achieved a longtime goal of national and international drug policy agencies: a large, sudden, and unanticipated reduction in world opium production. This cutback provides an unprecedented opportunity to study the dynamics of the world opiate market and ask whether further interventions could effectively reduce the flows of drugs. Based on an extended, multi-national study, the authors construct a new model for the trafficking of drugs and revenues and offer the first account of the world market in heroin and other illicit opiates during and after the 2001 ban. The authors' broader findings demonstrate how robust production, trafficking, and consumption combine to make successful long-term interventions on the supply-side rare exceedingly difficult, though specific policies can impact the organization and behavior of markets. For reductions in both production and consumption, where the cultivation of opium is entrenched in the normal life and legitimate economy of millions of people, international agencies and foreign governments must provide adequate and long-term support to foster both alternative development policies and law enforcement programs.