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Books > Law > Laws of other jurisdictions & general law > General
EC health and safety regulation involves two different but related kinds of tension. First, between desires for even-handed and for effective regulation, and second, between aims to improve controls over working conditions and desires to reduce legal constraints. This book centres on the first tension and explores how the concern of Article 118A EEC Treaty for both evenness and effectiveness can be resolved and realized in practice. The book has four objectives. First, to describe the bakckground to and progress made on Community legislation in this field. Second, to examine the legislative approach adopted and to place this in the context of other potential strategies for harmonization in Europe. Third, to describe the regimes for regulation health and safety work that operate in a number of "sample" Member States - throwing light on such variations of appraoch as may affect either the evenness or effectiveness with which such measures are enforced on the ground. Finally, to draw conclusions: on how Community legislators can respond to disparities in domestic regulatory and legal structures; on feasibility of securing even-handed and effective regulation across Europe; on possible ways to evaluate the rigour with which regulation is applied in different Member States; and on the potential for harmonizing of different approaches to European legislation. The work addresses the growth of Community interest in, and action on, health and safety matters, discusses the different legislative strategies that are to be encountered in the Community, and describes the regimes for regulating health and safety at work that are encountered in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. It is largely based on studies by a team of academics working under the auspices of the Institute of Advanced Legal Studies of the University of London and funded by the United Kingdom Health and Safety Executive (HSE).
Presents descriptions of the techniques involved in investment property valuation, together with the use of representative examples. This book is aimed at property professionals working in the fields of asset valuation, investment appraisal and advice, portfolio management and landlord and tenant work.
This volume analyzes the judicial reform processes funded by international donor organizations in Latin America. As billions of dollars are spent on judicial reform, it is pertinent to ask about the fate of these projects. The authors examine the way in which international organizations rationalize and prioritize their reform proposals and agenda in Latin America; how reform agendas are implemented and followed up (or not); how international donor organizations relate to national governments and civil society, and to each other; and what factors account for the successes and failures of their reform initiatives. The book also addresses the question of the connection between rule of law reform and broader processes of regime consolidation and state building, from both a political and a social perspective.
What makes one crime more serious than another, and why? This book investigates the problem of "seriousness of offence" in English law from the comparative perspective of biblical law. Burnside takes a semiotic approach to show how biblical conceptions of seriousness are synthesised and communicated through various descriptive and performative registers. Seven case studies show that biblical law discriminates between the seriousness of different offences and between the relative seriousness of the same offence when committed by different people or when performed in different ways. Recurring elements include location and the offender's social statue. The closing chapter considers some of the implications for the current debate about crime and punishment.
Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.
Part of a series that offers mainly linguistic and anthropological research and teaching/learning material on a region of great cultural and strategic interest and importance in the post-Soviet era.
Part of a series that offers mainly linguistic and anthropological research and teaching/learning material on a region of great cultural and strategic interest and importance in the post-Soviet era.
This highly successful text is now a standard work on the complex area of EU Law and has been completely re-written. It covers the main aspects of EU Law clearly and succinct ly as well as examining the implications of the new freedo ms of movement on UK organisations. With end-of-chapter su mmaries for rapid reference, it provides an understanding of the vital issues involved in the growth and ascendancy of EU Law.
During this era of construction of the information superhighway,
this volume presents a prudent analysis of the pros and cons of
continuing state regulation of telecommunications. While interested
parties either attack or defend state regulation, careful scholarly
analysis is required to strike the appropriate balance of
regulatory federalism. Focusing on regulation in the 1990s, it uses
a positive political economy perspective to analyze enduring
state-federal conflicts and to weigh the justifications and
explanations for continuing state telecommunications regulation, or
for changing its structure. It also considers normative concerns
and makes recommendations about how to improve telecommunications
policy. Seriously concerned with assessing the problems surrounding
cost burdens for different categories of consumers, market entry
for different firms, economic growth and the information
infrastructure, global competitiveness, and control over
information, this volume attempts to provide answers to the
following specific questions:
This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.
Privacy today is much debated as an individual's right against real or feared intrusions by the state, as exemplified by proposed identity cards and surveillance measures in the United Kingdom. In contrast, invasions of privacy by private individuals or bodies tend to arouse less concern. This book attempts to fill the gap by looking at the horizontal application of human rights after Douglas v Hello, Campbell v MGN and Caroline von Hannover v Germany. It provides a conceptual and theoretical framework and also considers specific particularly sensitive areas of law relating to privacy protection, such as intellectual property, employment and media law. It provides comparative perspectives by relating Article 8 of the European Convention on Human Rights, which serves as a focal point, to UK, Dutch, German and European Communities law. Several common threads are revealed running across jurisdictions and different areas of law and aspects of privacy. The most notable is the definition of privacy in terms of the autonomy of the individual, a notion associated with the liberal state in the classic sense but now acquiring more content as a human right also linked to ideas of social justice.
This book examines the ethical obligations binding a doctor to her patient's confidences and asks "Should those ethical obligations be recognized in the courtroom?". Increasingly, English law has shown a responsiveness to the need to accord respect to patient confidentiality. In practice this has involved the prohibition of unauthorized disclosure of medical records in national newspapers and the provision of special protection for data stored on computer. In one area, however, the law has been unwilling to protect patient confidences - the courtroom. A patient cannot stop her doctor from testifying even though the doctor has promised not to divulge medical information under any circumstances. Jean V. McHale examines cases to see whether the denial in law of the doctor-patient privilege is consistent with the protection of other confidential relationships. She discusses the nature of medical information and confidentiality and she considers the practical issues and questions which are raised by confidentiality. This book challenges orthodox ideas of medical confidentiality and questions the overriding right of the law.
International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.
This volume of essays explores the intermediate territory between the `law in the books' and the `law in action' from a historical perspective and on a comparative basis. Specialists from Britain, France, Germany, and the United States investigate the significance of private law in central areas of social conflict: rural production, family relations, work, housing, and debt.
Progress in multilateral negotiations to liberalize trade under the World Trade Organization (WTO) has become more difficult since newer members are generally developing countries with different interests than the United States, the European Union and other industrialized countries. More than 250 free trade agreements (FTAs) have come into effect since 1948. Partly as a result of the WTO impasse, over 130 FTAs have been ratified just in the past ten years; each agreement has been designed to eliminate trade restrictions and subsidies between the parties involved. Almost all of the WTO Members participate in one or more FTAs (some Members are party to twenty or more). Most books on FTAs are country- or region-specific, while others deal with the subject from a particular perspective. This timely work -- produced by some of the world's leading experts in their respective fields -- employs a broader approach exploring FTAs from the interdisciplinary perspectives of international law, political economy, culture and human rights.
The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?
This work is part of a series focusing on research into law and economics. It discusses a variety of topics in the field.
This text deals with the basic concepts of the law and explains the operation of the law and the administration of justice. It features practical exercises at the end of each chapter to help the student develop the ability to analyse information and apply knowledge. Another feature is the appendixes in which step-by-step explanations are given of how to research and apply primary sources of the law such as statutes and decisions in court.
Joint Investigation Teams have been adopted in several EU as well as non-EU documents as a new instrument to facilitate mutual legal assistance. This book provides professionals dealing with criminal cooperation with a theoretical and at the same time practical guide on how the instrument of a Joint Investigation Team (JIT) can be used to maximum advantage. The first attempts to establish a JIT within the European Union were monitored and analysed by the authors. The results thereof serve as the basis for the more theoretical and abstract analysis in this book. Obstacles met are analysed and suggestions are made on how to avoid them in the future. The book elaborates on the different stages in establishing a JIT as well as the different stages of an operational JIT. It analyses the possible involvement of Europol and Eurojust and provides an insight into the practical aspects of a JIT. Last but not least, the authors formulate the necessary conditions and make recommendations for establishing successful JITs. The added value premise of using the instrument of a JIT is the common denominator throughout the book. This makes the book a valuable document for all practitioners involved in the establishment and management of JITs, such as police officers, policy makers, legislators, prosecutors and academics. Edited by Dr. Conny Rijken, Researcher and Lecturer at Tilburg University, The Netherlands, and Prof. Dr. Gert Vermeulen, Professor of Criminal Law and Director of the Institute for International Research on Criminal Policy (IRCP), Ghent University, Belgium. |
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