Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.

Million of people around the Asia Pacific region are suffering from the twin effects of globalization and exclusionary nationality laws. Some are migrant workers without rights in host countries; some are indigenous peoples who are not accorded their full rights in their own countries. Yet others are refugees escaping from regimes that have no respect for human rights. This collection of essays discusses the ways in which citizenship laws in the region might be made consistent with human dignity. It considers the connectedness of national belonging and citizenship in East and Southeast Asian and Pacific states including Australia the impact of mass migration, cultural homogenization and other effects of globalization on notions of citizenship and possibilities of commitment to a transnational democratic citizenship that respects cultural difference.;This work is intended for use by departments of politics, international relations, economics (courses in international trade, globalization, labour economics), Asian studies, sociology (courses in legal and citizenship studies), and law.

Participatory democracy has become a buzzword in current discussions about how to democratize the EU. European institutions associate it with civil society involvement in European governance and claim that it might reduce its so-called democratic deficit. The Treaty of Lisbon formalizes this promise by enacting a new Article 11 TEU specifically dedicated to participatory democracy as a founding principle of the EU legal order. This participatory turn has already attracted much scholarly attention. However, two fundamental paradoxes have been overlooked.Whereas participatory democracy was traditionally meant to further the maximum participation of citizens in political life, the EU supports a modern version of the participatory ideal where citizens are represented by a selfdesignated elite of civil society experts. This book takes a critical stance on that technocratic form of government. At the same time, it examines whether there are realistic ways for a bureaucratic organization like the EU to involve a truly civil society of active citizens in governance.Participatory democracy was also intended to overcome the social inequalities of market capitalism. Yet, the EU came into existence as a European economic community embracing free and undistorted competition. This book claims that European civil society may only flourish if social Europe acts as a counterweight to economic Europe. So it analyses whether the EU has developed a social dimension strong enough to protect civil society from the colonizing forces of European economic integration.The author is currently working as an attorney at Van Olmen & Wynant, a Brussels-based law firm with a niche expertise in social and employment law. He also holds a PhD in law from the University of Leicester, awarded for the doctoral thesis upon which this book is based.

The economic unification of Europe has created a lot of victims. The realization of the single market has taken place without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial areas its authors had in mind. It has in fact led to changes in European society that are so far-reaching that they could very well be characterized as mutations. This book looks at the phenomenon of social dumping in the wider context of liberalized social competition as steered by the European Union. It contains a number of testimonies by people who actively fight social dumping, with special attention paid to the harrowing dumping practices in the road transport sector. Some of the authors also examine the phenomenon of social dumping in relation to compliance with the fundamental right of all workers to respect for their dignity as human beings. In this respect, the underlying question is whether, by tolerating legislation that allows human dignity to be violated by social dumping, the European and national legislators in fact infringe on this key fundamental right.This book is intended for practitioners, academics, researchers and policy-makers working in the area of social policy.

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts in 2015. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the CAS (e.g. the Dutee Chand case) and national courts (e.g. the Pechstein and Wilhelmshaven decision rendered by the OLG Munchen and OLG Bremen in Germany). Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchatel, Switzerland, and is the partner in charge of the sports arbitration practice at Levy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

This book examines several aspects of the equality and non-discrimination norms in the UN Convention on the Rights of Persons with Disabilities (CRPD). In the first instance, the book provides an interpretation and critical analysis of the legal meaning of the principles of equality and non-discrimination in the context of the CRPD. It analyses the extent to which the concepts of equality and non-discrimination contained in the Convention fit within the various theoretical models of disability and conceptions of equality that have been elaborated to date by scholars. It also compares the theoreotical framework of equality in the CRPD to that contained in other international human rights treaties which preceded the Convention.In addition, States' obligations under the Convention are teased out. A particular focus throughout this book is on the manner in which the equality and non-discrimination norms in the CRPD can increase participation and inclusion in society of persons with disabilities. This book also examines in detail an integral component of the equality norm, namely the duty to reasonably accommodate persons with disabilities and, in particular, its outer limits.In that regard, the book analyses whether the balancing and sharing of burdens inherent in the accommodation duty can teach us lessons about the overall balancing of burdens and interests implicit in many Convention rights subject to progressive realisation.Following on from that, this book devises a framework for review of measures adopted by States in the overall context of the progressive realisation of disability rights, with a particular emphasis on how the CRPD's equality norm might strengthen the realisation of socio-economic rights for disabled people. That framework of review criteria is then applied to the right to education and the accessibility obligation incumbent on States under the CRPD.Finally, this book investigates how the equality and non-discrimination norms in the Convention have already influenced, and can potentially influence, the crucial shape of disability equality case law and policy. In that connection, a case study is carried out on the Council of Europe mechanisms, in order to assess whether the CRPD is having an influence on disability law and policy at the regional level.This book demonstrates the fact that the CRPD holds enormous promise for the future application of the equality and non-discrimination norms in relation to the rights of persons with disabilities. Notwithstanding this, significant challenges lie ahead in the realisation of de facto equality for persons with disabilities.

This book focuses on new and emerging data mining solutions that offer a greater level of transparency than existing solutions. Transparent data mining solutions with desirable properties (e.g. effective, fully automatic, scalable) are covered in the book. Experimental findings of transparent solutions are tailored to different domain experts, and experimental metrics for evaluating algorithmic transparency are presented. The book also discusses societal effects of black box vs. transparent approaches to data mining, as well as real-world use cases for these approaches.As algorithms increasingly support different aspects of modern life, a greater level of transparency is sorely needed, not least because discrimination and biases have to be avoided. With contributions from domain experts, this book provides an overview of an emerging area of data mining that has profound societal consequences, and provides the technical background to for readers to contribute to the field or to put existing approaches to practical use.

In this book, scholars with different disciplinary and national backgrounds argue for possible answers and analyse case studies on current issues of governance in biomedical research. These issues comprise among others the research-care distinction, risk evaluation in early human trials, handling of incidental findings, nocebo effects, cluster randomized trials, publication bias, or consent in biobank research. This book demonstrates how new technologies and research possibilities multiply or intensify already known governance challenges, leaving room for ethical analysis and complex moral choices. Clinical researchers, research ethics committee members and research ethicists have all to deal with such challenges on a daily basis. While general reflection on core concepts of research ethics is seldom pointless, those confronted with hard moral choices do need more practical and contextualized reflection on the said issues. This book particularly provides such contextualized reflections and aims to inform all those who study, conduct, regulate, fund, or participate in biomedical research.

Although human rights were initially conceived as rights of the individual in relation to the state, there is growing recognition that human rights must also be respected in the international arena. This five-volume series set brings together the most important and influential scholarship on issues around human rights in the area of international law. The volumes include a wide range of essays selected from an international search of print and electronic content and feature a substantial introduction by the volume editor which provides an overview of the topic of each volume. The series includes foundational articles on the development of international human rights law and covers issues on the current challenges facing international human rights lawyers and scholars, the UN system of rights, regional human rights systems and the fundamental principles of equality and non-discrimination under international law. The five volumes in this series are edited by leading scholars in the field and taken together provide an invaluable research tool for scholars and students interested in the growing field of international human rights. The five volumes in this series are: Volume I: The Development of International Human Rights Law Volume II: Equality and Non-Discrimination under International Law Volume III: Challenges in International Human Rights Law Volume IV: The United Nations System for Protecting Human Rights Volume V: Regional Human Rights Systems

This exceptional new text offers an up-to-date and integrated approach to communication law. Written by two practicing attorneys with extensive experience teaching the communication law course, Law for Advertising, Broadcasting, Journalism, and Public Relations covers the areas of communication law essential and most relevant for readers throughout the communication curriculum. Its integrated approach will serve students and practitioners in advertising and public relations as well as those in journalism and electronic media. Providing background to help readers understand legal concepts, this comprehensive communication law text includes an introduction to the legal system; covers legal procedures, structures, and jurisdictions; discusses the First Amendment and electronic media regulations; and considers issues of access. Additional material includes: *intellectual property law; *employment and agency law, with explanations of how these laws create obligations for mass communication professionals and their employees; *commercial communication laws; and *special laws and regulations that impact reporters, public relations practitioners, and advertisers who deal with stock sales. Special features of this text include: *Magic Words and Phrases--defining legal terms; *Cases--illustrating key points in each chapter; *Practice Notes--highlighting points of particular interest to professional media practices; *Instructions on finding and briefing cases, with a sample brief; and *Examples of legal documents and jury instructions. This text is intended as an introduction to communication law for students and practitioners in mass communication, journalism, advertising, broadcasting, telecommunications, and public relations.

South African law remains relatively silent on the legal aspects of pregnancy, and legal commentary is rather scarce too. While there have been attempts to address the gaps in the law in relation to specific issues in pregnancy, these attempts have usually favoured the individual protection of the unborn at the expense of pregnant women's agency and rights, which has given rise to a tension between female reproductive autonomy and foetal interests. In Pregnancy Law in South Africa, the author explores the question of whether it is possible to regard pregnancy in law as embodying both women and the unborn and whether the pregnancy can be construed in a way that it does not come to be framed as an adversarial relationship. Pregnancy Law in South Africa focuses on the issues of prenatal substance abuse, termination of pregnancy, violence that terminates a pregnancy, and the extension of legal personhood to the unborn. The author argues that pregnancy-related issues will never be adequately resolved unless the potential for an adversarial pregnancy relationship is removed and proposes a relational approach to pregnancy, centred on fostering relationships, in order to eliminate the potential for tension. The author contends further that a relational approach encourages imaginative and constructive possibilities for law reform efforts without sacrificing women's reproductive autonomy and rights or the recognition of the unborn. Pregnancy Law in South Africa provides a sound theoretical approach to pregnancy in law and its recommendations seek to promote healthy, rights-affirming pregnancies.

The Dutch experience has influenced the debate on euthanasia and death with dignity around the globe, especially with regard to whether physician-assisted suicide and euthanasia should be legitimized or legalized. A review of the literature reveals complex and often contradictory views about the Dutch experience. Some claim that the Netherlands offers a model for the world to follow; others believe that the Netherlands represents danger, rather than promise, and that the Dutch experience is the definitive answer regarding why we should not make active euthanasia and physician-assisted suicide part of our lives. Given these contradictory views, it has become clear that fieldwork is essential to developing a more informed opinion. Having investigated the Dutch experience for a number of years, and after thoroughly reading the vast literature published in English, I went to the Netherlands for one month in the summer of 1999 to get a feel for the local situation. I felt that this would provide the basis on which I could better interpret the findings of the available literature. I visited the major centers of medical ethics, as well as some research hospitals, and spoke with leading figures in the euthanasia policy and practice. The time spent was extremely beneficial and enriching. I followed in the footsteps of Carlos Gomez, who 1 published a book following one month of extensive research in the Netherlands.

Worldwide, children face significant health risks. The right to health of the child offers insight into the ways in which these risks should be mitigated. However, the concept of 'the highest attainable standard of health of the child' as laid down in article 24 of the Convention on the Rights of the Child remains unclear. Therefore, this book seeks to clarify the international normative framework on the right to health of the child. It does so by looking at the international children's rights framework, international health and human rights law and by taking a particular look at relevant legislation in the European region, covering both European Union legislation and human rights law of the Council of Europe, including the Guidelines on Child-Friendly Healthcare. Also, the interpretation of the right to health by the UN Committee on the Rights of the Child is analyzed for 35 countries of different levels of development. On the basis of these sources, priorities are identified that should be realized to achieve the highest attainable standard of health of the child. This book addresses the question how the implementation process influences the interpretation of the highest attainable standard of health of the child. This results in a definition of the highest attainable standard of health of the child that takes into account the varying capabilities of individual children and which considers children as active rights-holders, notwithstanding their age or level of development.

The 2022 edition of the Rules and Guidance for Pharmaceutical Distributors, the 'Green Guide', is the essential reference for all distributors, brokers of human medicines, importers and distributors of active substances in the UK.It provides you with the single authoritative source of European good distribution practices and UK guidance, information and UK legislation on these activities.The new 5th edition has been updated to incorporate changes made after the UK's exit from the European Union on the 31st January 2020.It also incorporates new guidance on pharmacovigilance for wholesalers, the naming of sites on a licence, self-inspection, and the responsible person for import.It brings together EU guidance on good distribution practice and the MHRA's expectations for compliance. There is also a new flowchart for the registration of handling active substances

This book presents a wholly new perspective on the Child Support Agency. The authors were granted privileged access to the CSA's own staff and were thus able to monitor case conduct from both the Agency and the client perspective. In a gripping analysis they compare the accounts of former husbands and wives with those of their respective legal advisers,and, critically, they incorporate the experience and views of the beleaguered CSA staff who attempted to calculate and enforce child maintenance obligations in those same cases. The media picture of the misery visited upon 'absent fathers' is borne out in part, but even more striking is the authors' account of a catastrophic administrative failure which led to the abandonment of many of the basic tenets of administrative justice. The reasons do not lie in the perceived unfairness of the formula but rather in the failure of those drafting the Child Support legislation to appreciate the impact of such change upon the rest of our hugely complex benefit structure. Their failure to grasp that the problems of inadequate disclosure and ineffective enforcement - with which courts had grappled for decades - could not be tackled effectively by a distant bureaucracy.

Medical responsibility lawsuits have become a fact of life in every physician s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved. "

A cutting-edge analysis of the global issues surrounding modern reproductive technologies Advances in assisted reproductive technologies have sparked global policy debates since the birth of the first so-called "test tube baby" in 1978. Today, mitochondrial replacement therapies represent the most recent advancement in assisted reproductive technologies, allowing some women with mitochondrial diseases to birth babies without those diseases. In the past decade, mitochondrial replacement therapies have captured public sentiment, reigniting debates around social views of reproductive rights and the appropriate legal and political response. Reproduction Reborn guides readers through the history and science of mitochondrial replacement therapies and the various attempts to control them. Leading experts from medicine, genetics, ethics, law, and policy explore the influence of public debate on the evolving shape of these technologies and their subsequent regulation. They highlight case studies from both developed and developing countries across the globe, including recent legislation in Australia and China. They further identify the ethical, legal, and societal norms that need to be addressed by policymakers and communities as more and more people seek to gain access to these treatments. Given the importance of reproduction in family life and cultural identity, clinicians and policymakers must understand how regulatory regimes around mitochondrial replacement therapies have evolved to illuminate the processes and challenges of governing reproduction in a fast-moving world. Informative and global in scope, Reproduction Reborn explores how advancements in assisted reproductive technologies challenge core values surrounding the rights and responsibilities of modern-day family units.

How should judges and legislators address challenges arising at the frontiers of biomedicine? What if it became possible to edit the DNA of embryos for enhanced traits, gestate a fetus in an artificial womb, self-modify brain implants to provide new skills or bring a frozen human back to life? This book presents an innovative legal theory and applies it to future developments in biomedicine. This legal theory reconceptualises the role of legal officials in terms of moral principle and contextual constraints: 'contextual legal idealism'. It is applied by asking how a political leader or appeal court judge could address technological developments for which the current law of England and Wales would be ill-equipped to respond. The book's central thesis is that the regulation of human conduct requires moral reasoning directed to the context in which it operates. The link between abstract theory and practical application is articulated using future developments within four areas of biomedicine. Developments in heritable genome editing and cybernetic biohacking are addressed using Explanatory Notes to hypothetical UK Parliamentary Bills. Developments in ectogestation and cryonic reanimation are addressed using hypothetical appeal court judgments. The book will be of great interest to scholars and students of medical/health law, criminal law, bioethics, biolaw, legal theory and moral philosophy.

This volume provides an overview of the state of internationalisation of legal education (IOLE) in many civil law and common law countries. It provides a picture of the status of the debate about the shape and degree of internationalisation in the curriculum in the different countries, and the debates surrounding the adoption of a more international approach to legal education in the contemporary world. It is a compilation of the National Reports submitted for the August 2014 Congress of the IACL held at Vienna, and contains an introductory general report. Together, the reports examine such questions as: Why is the topic of internationalization of legal education on the agenda now? Why is it a relevant subject for examination today? Does the topic generate the same level of interest everywhere in the world? Is enthusiasm for IOLE mainly driven by the academic sector, by government, by multinational corporations? Is the interest closely linked with the globalization of the practice of law? Or is globalisation of law itself something of a myth, or a reality reserved for only a very small percentage of practising lawyers around the world? The general and national reports make clear that there is indeed widespread interest in IOLE, and numerous disparate initiatives around the world. Nonetheless, some National Reporters state that the topic is simply not on the agenda at all. All in all, the volume shows that the approaches to internationalisation are many and varied, but every jurisdiction recognises the importance of introducing aspiring lawyers to a more integrated global environment.

In the face of globalization and new media technologies, can policy makers and regulators withstand deregulatory pressures on the 'cultural policy toolkit' for television? This comparative study provides an interdisciplinary investigation of trends in audiovisual regulation, with the focus on television and new media. It considers pressures for deregulation and for policy in this field to prioritise market development and economic goals rather than traditional cultural and democratic objectives, notably public service content, the promotion of national and local culture, media pluralism and diversity. The book explores regulatory policy in the United States, Canada, the United Kingdom and Europe. The book focuses on a range of instruments designed for promoting pluralism and cultural diversity, particularly the role of public service broadcasting and the range of measures available for promoting cultural policy goals, such as subsidies, scheduling and investment quotas, as well as (particularly national) media ownership rules. The book draws on findings of two research projects funded by the UK Economic and Social Research Council and is written in an accessible style by leading scholars of media law and policy, who bring to bear insights from their respective disciplines of law and political science.

This book on Legal Education was written based upon many of the author's experiences as professor and dean. The author noted that there is relatively few literature and research about legal education and felt it was necessary to discuss legal education in present times. The book focuses on many issues such as teaching itself, employability, mission and focus of law schools, the future of law schools in this age of internationalisation, student intake, the link with the labour markets and many other issues. One of the conclusions is that law schools will have to seek their own position and niche and that law schools will have different roles. This book also focuses on the need for law school deans and leaders to set clear missions and strategies and work towards education with all the necessary skills and knowledge, which the students can take with them far into the 21st century. No teaching as we did for many years, but analysing what lies ahead and what is needed for future careers.

This is the first book to provide an in-depth study of the juvenile transfer process. Criminal justice's get tough policy has led to greater use of this process which, on the surface, transfers persistent juvenile offenders to criminal court jurisdiction in order to impose more serious penalties. The implications of this growing phenomenon are increasingly important for both the juvenile and criminal court systems. Champion and Mays' analysis includes descriptions of juvenile courts, types of offenders processed by these courts, and characteristic outcomes of transfers. Examining the transfer process in detail, they explore social and legal definitions of delinquency; goals and functions of transfers; legal rights of juveniles; and the implications of possible penalties, such as the death penalty. Questions such as whether transfers necessarily result in harsher punishment are discussed at length. Transferring Juveniles to Criminal Courts is designed for students majoring in criminal justice, public administration, political science, sociology, and psychology.

Examining the transfer process, Chapter One provides a thorough discussion of the social and legal definitions of delinquency. Chapter Two is an overview of juvenile options, juvenile punishments, public policy, and the theme of deterring juvenile offenders. A description of transfers in different jurisdictions, including their goals and functions, is provided in Chapter Three. Chapter Four then explores the various implications of these transfers. Public policy is examined as it relates to the prevalent get tough policy. Chapter Five describes the criminal court and some of the varied functions served by these courts. Finally, Chapter Six summarizes several important trends relating to juvenile transfers. It includes male/female juvenile comparisons, the issue of selective certification, implications of prison overcrowding, and the emergence of a unified court system. An up-to-date bibliography is provided for further research.