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Mrs van der Sprenkel was led to undertake this journey by her experiences while living in China. lt is a detailed sociological analysis of the whole complex of legal and quasi-legal institutions during the Manchu period. Using a wide range of source material, Mrs van der Sprenkel discusses both the concepts underlying and the actual working of government and administration in Manchu China, the nature of the law, judicial procedure, and, finally, the effectiveness of the law in supporting social order.
Affectionately know as the 'blue book', this definitive guide is written by two of the country's leading experts, and published by two of the leading organisations concerned with the protection of rights of way. The book analyses all the legislation affecting rights of way in England and Wales and explains the current legal lay of the land in contemporary and accessible terms. "The Blue Book" aims to state the law as at 1 October 2006, and is an essential work of reference for anyone whose work involves rights of way - either as a professional or as a volunteer - and is also a fascinating book for those interested the historical and contemporary usage of the unique network of public paths in England and Wales. The fourth edition has been completely revised. In this edition, two new chapters: The Management of Rights of Way; and Legal Action Over Rights of Way have been included. These draw together material previously distributed between other chapters. Substantial portions of the text have been re-written, and throughout the book we have reflected the many other changes in legislation over the last five years. History of "The Blue Book": "Rights of Way: A Guide to Law and Practice" was first published in 1983, following the implementation of the major changes to legislation made by the Wildlife and Countryside Act 1981. It brought together in one publication material previously published separately by the RA and OSS, together with considerable additional new material, and proved popular with volunteers and professionals alike. A second edition followed in 1992, with a third edition in 2001 following the passage of the Countryside and Rights of Way Act 2000.
This book examines some of the major origins of change in institutions and policies in European governance. The authors combine a sophisticated institutional analysis with in-depth insights into European policies across a wide variety of policy fields. The fields examined are higher education, employment, research, police co-operation, as well as foreign affairs, trade, energy, and security and defence policy. Presenting the fruit of years of collaboration in an EU-funded Research Training Network, the authors expand the mechanisms through which political actors transform apparent deadlock into actual change in European policy making. Providing a systematic treatment of changing modes of European governance, Dynamics and Obstacles of European Governance will be of great interest to those in the fields of international politics and European studies, as well as European law and policy studies.
How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.
A classic classroom reference since its 1964 publication, this indispensable volume offers the full text of Magna Carta in English, as well as a chapter-by-chapter discussion of its history and provisions. In his newly revised commentary on this founding document in the history of constitutionally limited governments, A.E. Dick Howard places the charter in context of the extraordinary surge of constitutionalism in the aftermath of the Cold War. Magna Carta: Text and Commentary is a cogent introduction to Magna Carta that students everywhere can readily appreciate.
One of the most comprehensive examinations of US torture policy, from the Cold War to the War on Terror to the debate over accountability Waterboarding. Sleep deprivation. Sensory manipulation. Stress positions. Over the last several years, these and other methods of torture have become garden variety words for practically anyone who reads about current events in a newspaper or blog. We know exactly what they are, how to administer them, and, disturbingly, that they were secretly authorized by the Bush Administration in its efforts to extract information from people detained in its war on terror. What we lack, however, is a larger lens through which to view America's policy of torture-one that dissects America's long relationship with interrogation and torture, which roots back to the 1950s and has been applied, mostly in secret, to "enemies," ever since. How did America come to embrace this practice so fully, and how was it justified from a moral, legal, and psychological perspective? The United States and Torture opens with a compelling preface by Sister Dianna Ortiz, who describes the unimaginable treatment she endured in Guatemala in 1987 at the hands of the the Guatemalan government, which was supported by the United States. Then a psychologist, a historian, a political scientist, a philosopher, a sociologist, two journalists, and eight lawyers offer one of the most comprehensive examinations of torture to date, beginning with the CIA during the Cold War era and ending with today's debate over accountability for torture. Ultimately, this gripping, interdisciplinary work details the complicity of the United States government in the torture and cruel treatment of prisoners both at home and abroad and discusses what can be done to hold those who set the torture policy accountable. Contributors: Marjorie Cohn, Richard Falk, Marc D. Falkoff, Terry Lynn Karl, John W. Lango, Jane Mayer, Alfred W. McCoy, Jeanne Mirer, Sister Dianna Ortiz, Jordan J. Paust, Bill Quigley, Michael Ratner, Thomas Ehrlich Reifer, Philippe Sands, Stephen Soldz, and Lance Tapley.
Violence has become a part of daily life in Israel and the Occupied Territories since the latest intifada began on 29 September 2000. More than 570 Palestinians, including 150 children, have been killed by Israeli security forces. More than 150 Israelis, including 30 children, have been killed by Palestinian groups and individuals. Israeli forces have killed Palestinians unlawfully by shooting them during demonstrations and at checkpoints although lives were not in danger. They have shelled residential areas and committed extrajudcial executions. Palestinian armed groups and individuals have deliberately killed Israeli civilians by placing bombs in crowded places and in drive-by shootings.Amnesty International has repeatedly called on Israeli authorities to abide by international human rights standards and urged the Palestinian Authority and armed groups to act in accordance with humanitarian law. It has also called on the international community to take action necessary to ensure respect for human rights in the region.
The diversity and development of early English law is sampled here with a selection of several law-codes in translation; the laws of Ethelbert of Kent, the first code to be issued in England, the laws of Alfred the Great, and short codes from the reigns of Edmund and Ethelred the Unready.
It is a great pleasure to welcome the new edition of the book written by Prof. Edward and Prof. Lane, which carries on the success of the earlier ones. This new edition contains a comprehensive and critical study of the European Union legal order, which explores in great detail the changes brought about by the Treaty of Lisbon. Bearing in mind the quality of its authors, it does not come as a surprise that this book is an outstanding piece of academic work. It is a classic which should belong to the library of all persons who are interested in EU law.' - Koen Lenaerts, Vice-President of the Court of Justice of the European Union, LuxembourgKey features of the book include: - Authoritative authorship combining the analysis of a senior academic with the experience of a former judge. - Comprehensive and wide-ranging in scope. - Structured specifically to reflect the Treaty of Lisbon reorientation and immediate post-Lisbon developments. - Extensive reference to primary sources (Treaties, legislation, case law) and to issues of national adaptation. A fully updated and expanded new edition of a classic text, this authoritative and wide-ranging volume provides expert analysis on the key issues across all areas of European Union law - including its constitutional, procedural and substantive aspects. In particular, coverage of the constitutional and procedural elements includes: historical background and development of the European Union; constitutional structure of the Union; the Treaties: interrelationship and fundamental (constitutional) rules; the institutional framework; jurisdiction of, and actions before, the Court of Justice; sources, principles and methods of Union law. Comprehensive coverage of the substantive law includes: basic rules; citizenship of the Union; the internal market; the four freedoms; competition; economic and monetary policy; social policy; environmental policy; commercial policy. Precise and rich in references to the primary materials of the Treaties, the principal legislation and the key case law of the Court of Justice, this highly detailed and comprehensive book will be an indispensable resource for all legal practitioners whose practice must take account of EU Law. Contents: Part I: The Origins and Development of the European Union 1. The History 2. The European Union: Structure and Basic Rules Part II: The Institutional Framework 3. The Political Institutions and Procedures 4. Other Bodies 5. The Court of Justice Part III: The Sources, Nature and Methods of European Union Law 6. Sources of Union Law Part IV: Substantive Law 7. The Principles 8. Non-Discrimination and Citizenship of the Union 9. Union Policies and Internal Actions: Introduction 10. The Free Movement of Goods 11. The Free Movement of Persons and Services 12. The Free Movement of Capital 13. Competition 14. Other Policies
While the value of our natural resources has traditionally been viewed in narrow economic terms, in recent years we have begun to appreciate the inherent worth of our land, air, and water - a worth that is entirely unrelated to economic growth and development. The evolution of law and policy regarding natural resource and environmental issues over the past century reflects these ongoing changes in attitude. Natural Resources Policy and Law explores past, present, and future directions in natural resource and environmental law and policy, with a special emphasis on new laws and important legal cases of the past decade and their implications for the future. Its ten chapters, each written by a leading expert in the field, consider both specific concerns and broad themes, including topics such as history and evolution of natural resources law and policy; laws governing mining and minerals, oil and gas, and public lands; the relationship between environmentalism and environmental law; and future directions of the field.
This book brings together a team of experts in the field of forensic psychology to demonstrate the scope of the discipline and the techniques employed in key areas of research, policy and practice. Its aim is to go beyond the introductory texts on the subject to challenge perceptions, to raise questions for research, to pose problems for practice, and to inspire and stimulate, demonstrating the ways in which forensic psychology can aid the practice of criminal justice. It will be essential reading for students, academics and practitioners. The book is divided into seven sections, addressing key topics with which the discipline is concerned its broader context, investigation and prosecution, testimony and evidence, correlates of criminality, persistent offending, intervention and prevention and punishment and corrections. The contributors include both academics and practitioners, and are drawn from the UK, the USA and Australasia.
Praise for the first edition: 'A clear and compact overview of the different policy areas of the European Union.' Dusnieuws'McGiffen writes with great clarity and an accessible prose style. He includes the key facts, but is concise enough to ensure that he is never boring. ... This is an invaluable book.'These Tides'For those that want a concise guide to the Brussels maze, written as though people matter, McGiffen's book is a unique starting point and a key read.'Red PepperThe political dynamics of the European Union can often appear confusing, shrouded as they are in complex legislative processes. This book offers a clear and thorough critical introduction to the origins, development and current direction of the EU, and pinpoints the major policy debates animating decision-makers.This revised and updated edition offers a well-illustrated analysis of each of the EU's major policy areas, and covers arguments both for and against the EU. McGiffen explores subjects including enlargement, internal and external security, the Euro, trade, the environment, employment, transport and regional policy. He explains how and why the debate about membership is frequently and falsely presented as if it were a conflict between 'nationalism' and 'internationalism', and argues instead that the EU is merely one of a number of possible solutions to the the economic and political problems facing Europe.Published in association with Spectre.
This book is a five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.
When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.
The chance of being claimed against is now a major risk factor for every building designer, engineer, quantity surveyor and project manager. Apart from the cases that go to court, many other claims are settled before they reach that stage. The cost of insurance to meet claims is now a substantial component of every practice's overheads. Sensible risk management can identify the potential sources of claims, reduce their likelihood, warn of impending trouble and control how the claim is to be defended. This book explains how to plan a risk management strategy and suggests techniques that can supplement the practice's existing management procedures without imposing unnecessary bureaucracy. It attaches as much importance to the interaction of risk between members of the design team as to the risk profile of the practice itself. The first part defines risk and its origins, discusses how risk can arise in the various professions and types of practice, and how it interacts between the professions, compares quality assurance with risk management, and advises on the relations between the practice, its insurers and its lawyers. It concludes with advice on how to create a risk strategy and system for the office. The second part is devoted to techniques and covers: setting up the appointment; creation of the team; managing the project; the risks of CDM; the complications of procurement; and drafting, awarding and administering the building contract. Risk implications of the major contract forms are discussed in detail. It concludes with advice on the handling of claims. The book contains references to a number of legal cases to illustrate the risks discussed. It is recommended reading not only for the individual professions (architect, engineer, QS, project manger), but for all of them collectively in understanding how the risk of one profession can become the risk of any of his fellow team members.
This collection asks a direct but complex question: is the EU humane enough? The implementation of EU law and policy and its balance between economic and social values continues to provoke debate. Providing fresh insight, Nuno Ferreira and Dora Kostakopoulou present a novel analytical framework, centred on the notion of humaneness, for assessing EU law and policy. This innovative approach leads to recommendations for policy change towards a more humanistic philosophy for the EU. Broad in its scope, this remarkable volume draws together interdisciplinary perspectives from contributors who examine key EU law and policy fields, including economic integration, asylum and free movement, citizenship and development, and security. This book is essential reading for scholars, students and policy-makers seeking new ways of exploring the economic versus social values debate in EU law.
The International Court of Justice (ICJ) signature series includes all of the decisions taken by the International Court in 2019. ICJ Reports 2019 includes two hard-bound volumes with a comprehensive index. Seventy-two reports have been published to date, the first being ICJ Reports 1947-1948 and the last ICJ Reports 2019
In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.
Learn the basics of business law and what it means to you with UNDERSTANDING THE LAW, 6e, International Edition. This popular text discusses how various aspects of the law affect the individual, highlighting the personal law issues that confront people in their everyday lives. UNDERSTANDING THE LAW, 6e, International Edition uses engaging hypothetical and real examples to illustrate important points of the law and to inspire lively discussion with your peers. This sixth edition incorporates new coverage of ethical issues and the law. These ethical and moral issues are covered in boxed readings as well as throughout each chapter. This sixth edition continues to incorporates coverage of international and comparative law throughout to give you essential knowledge for today's global marketplace.
For some time it has become clear that traditional methods of solving site disputes are breaking down and recourse to the courts is becoming standard practice. 1991 was the year the ADR - alternative disputes resolution - was brought to the attention of the construction industry in an attempt to reduce the amount of litigation and arbitration that bedevils it. This book brings together over 40 expert papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered: Alternative Dispute Resolution (ADR); conflict management; claims procedures; litigation and arbitration; international construction; education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors this book represents a multi-disciplinary body of knowledge on construction conflict and seeks to provide a unique source of reference for both legal and construction professionals. |
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