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Kulturguter bedurfen auf Grund ihrer Einmaligkeit eines besonderen Schutzes, der nicht allein mit finanziellen und tatsachlichen Mitteln, sondern auch auf rechtlicher Ebene durchgesetzt werden muss. Die vorliegende Arbeit stellt die Moeglichkeiten des rechtlichen Schutzes von Kulturgutern anhand der UNIDROIT-Konvention uber gestohlene oder rechtswidrig ausgefuhrte Kulturguter vom 24. 06. 1995 dar, deren Verabschiedung einen Meilenstein auf dem Weg zur Loesung des Problems des illegalen Handels mit Kulturgutern bildet. Die Arbeit gliedert sich in drei Hauptteile: Zunachst erfolgt eine Gesamtschau des rechtlichen Rahmens des Kulturguterschutzes aus voelkerrechtlichen Vertragen und europaischen Rechtsakten. Es folgt die Einzelanalyse der Regelungen der UNIDROIT-Konvention. Daran schliesst sich eine Gegenuberstellung der Konvention und nationaler gesetzlicher Bestimmungen in ausgewahlten europaischen Landern und freiwilliger Verhaltenskodizes an, wobei ein Schwerpunkt auf dem Kulturguterschutz in Deutschland liegt. So zeigt die vorliegende Arbeit auf, dass ein wirksamer Kulturguterschutz die Zusammenarbeit der Staaten und der kulturellen Einrichtungen, welche durch voelkerrechtliche Regelungen und nationale Gesetzgebung abgestutzt werden muss, erfordert. Die Ratifizierung der UNIDROIT-Konvention erweist sich demnach als ausserst wunschenswert, wobei aber auch Revisionsmoeglichkeiten des Konventionstextes hinsichtlich der Einrichtung eines internationalen Registers gestohlener Kulturguter und einer allgemeinen Meldepflicht fur Diebstahle bedeutender Kulturguter eroertert werden.
The UN Special Report on Torture has denounced the use of solitary confinement beyond 15 days as a form of cruel and degrading treatment that often rises to the level of torture. Yet the United States holds more than 80,000 people in isolation on any given day. Now, for the first time, the founders of Solitary Watch have collected a dozen first-hand accounts of life in solitary confinement. These first-hand accounts are supplemented by the writing of noted experts, exploring the psychological, legal, ethical and political dimensions of solitary confinement.
This study attempts to describe the role of the company law department within the company, its relation to company management and the employees who use the services of the company lawyers. It, furthermore, tries to explain that the legal advice is only one part of the operation of a legal department in a business enterprise. Other important aspects are the legal costs, organiza tional questions and coordination problems within the department as well as the relationship of the company legal department with the other departments in the enterprise and, last but not least, the relationship between house counsel and outside counsel. The increasing volume of legislation and regulations in all industrialized -countries resulted in an increase in the number of company legal departments and company lawyers. All large companies now have their own company legal department. Therefore, it seems appropriate to attempt to describe some aspects relating to this part of the legal profession, which is relatively new, and which has developed differently from country to country. The position of the company counsel and his relationship with the company and its em ployees, his professional background and his relationship with the Bar are important subjects which require further study."
This edited collection offers a critical overview of the major debates in legal education set in the context of the Lord Upjohn Lectures, the annual event that draws together legal educators and professionals in the United Kingdom to consider the major debates and changes in the field. Presented in a unique format that reproduces classic lectures alongside contemporary responses from legal education experts, this book offers both an historical overview of how these debates have developed and an up-to-date critical commentary on the state of legal education today. As the full impact of the introduction of university fees, the Legal Education and Training Review and the regulators' responses are felt in law departments across England and Wales, this collection offers a timely reflection on legal education's legacy, as well as critical debate on how it will develop in the future.
Bringing together case studies ranging across the globe, including the US-Mexico borderlands, the Calais encampment in France, refugee camps in Kenya, Uganda and Bangladesh and contested 'informal' enclaves and communities in the cities of India, China, Brazil, Nigeria and South Africa, this book challenges current ways of thinking about the governance of human settling, mobility, and placemaking. Together, the 15 essays question the validity of the conventional hegemonic divisions of Global North vs. Global South and 'formal' vs. 'informal', in terms of geographic presence, transborder performances, and the ideological inter-dependence of Northern and Southern spaces, spatial practices and the uniformity of authoritative enforcements. The book, whose authors themselves come from all over the world, uses 'Global South' as a methodological apparatus to ask the 'Southern' question of settling and unsettling across the globe. Crucially, the studies reveal the sentiments, resourcefulness and the agency of those positioned by the powerful within the dichotomies of formal/informal, legitimate/ illegal, privileged/marginalized; etc., who are traditionally identified within the dominant development discourse as mere numbers or designated by intervening institutions as helpless recipients. By focusing on hitherto invisible events and untold stories of adaptation, negotiation and contestation by people and their communities, this volume of essays takes the ongoing North-South debate in new directions and opens up to the reader's fresh areas of inquiry. It will be of interest to researchers and students of architecture, planning, politics and sociology, as well as built environment professionals.
It is a truism that the increasingly rapid movement in technology is forcing change and shift in the norms of international law. The 149 states of the Law of the Sea Conferences of the United Nations have been attempting to establish and develop adequate legal norms that will take into account the need for the orderly growth and use of the changing technological capabilities and the resulting economic development that cannot and should not be hindered by in adequate law. When such norms are identified and agreed by a substantial majority of states, they are usually set out and placed into multilateral treaties. The rules governing the resource and non-resource allocation of the oceans and the uses ofthe oceans have posed major difficulties for the development of international law for many years. The Geneva Conference of 1958 building upon the groundwork of the International Law Commission of the United Nations shaped a rough structure for a 20th Century Law of the Seas and for mulated the effort in four major international conventions. But a majority of the states failed to ratify or accede to the conventions. Even had they become effec tive as the expression of the Law of the Seas in the second half of the 20th Cen tury, there was one glaring area of omission: a conventional law for the waters of mid-ocean archipelagos and archipelagic states.
[Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law. The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.
In this book, Seumas Miller develops distinctive philosophical analyses of corruption, collective responsibility and integrity systems, and applies them to cases in both the public and the private sectors. Using numerous well-known examples of institutional corruption, he explores a variety of actual and potential anti-corruption measures. The result is a wide-ranging, theoretically sophisticated and empirically informed work on institutional corruption and how to combat it. Part I defines the key concepts of corruption, power, collective responsibility, bribery, abuse of authority and nepotism; Part II discusses anti-corruption and integrity systems, corruption investigations and whistle-blowing; and Part III focuses on corruption and anti-corruption in specific institutional settings, namely policing, finance, business and government. Integrating theory with practical approaches, this book will be important for those interested in the philosophy and ethics of corruption as well as for those who work to combat it.
The environmental field and its regulations have evolved significantly since Congress passed the first environmental law in 1970, and the Environmental Law Handbook, published just three years later, has been indispensable to students and professionals ever since. The authors provide clear and accessible explanations, expert legal insight into new and evolving regulations, and reliable compliance and management guidance. The Environmental Law Handbook continues to provide individuals across the country—professionals, professors, and students—with a comprehensive, up-to-date, and easy-to-read look at the major environmental, health, and safety laws affecting U.S. businesses and organizations. Because it is written by the country's leading environmental law firms, it provides the best, most reliable guidance anywhere. Both professional environmental managers and students aspiring to careers in environmental management should keep the Environmental Law Handbook within arm's reach for thoughtful answers to regulatory questions like: How do I ensure compliance with the regulations? How do the latest environmental developments impact my operations? How do we keep our operations efficient and our community safe? The Handbook begins with chapters on the fundamentals of environmental law and on issues of enforcement and liability. It then dives headfirst into the major laws, examining their history, scope, and requirements with a chapter devoted to each. The 25th edition of this well-known Handbook has been thoroughly updated, covering major changes to the law and enforcement in the areas of Clean Air, Clean Water, Climate Change, Oil Pollution, and Pollution Prevention. This is an essential reference for environmental students and professionals, and anyone who wants the most up-to-date information available on environmental laws.
The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice."
The recent series of diplomatic kidnappings has produced some serious thinking not only in Washington but in most of the foreign offices and embassies throughout the diplomatic world. The kidnappings-and how to deal with them-have been the subject of Congressional committee hearings, State Department deliberations, and international debate and action by the Organization of American States. It is the purpose of this study to analyze them within the context of urban guerilla terrorism, international legal norms, and world diplomatic practice. Selected examples of diplomatic kidnappings, particularly those in Latin America and Canada, strikingly illustrate the new revolutionary strategy of utilizing terrorism as a political tactic to achieve long-range political. goals. As with its kindred phenomenon-the airplane hijack ings-the kidnappings of foreign diplomats seize upon and exploit innocent victims as hostage pawns; a bargaining situation is thus created in which the revolutionary minority can achieve a diplomatic leverage which is far greater than in proportion to its numbers, military strength, or popular appeal. Through terrorism the urban guerillas hope to achieve tactical advances within the general strategy of political revolu tion; even temporary governmental repression if it occurs in reprisal becomes part of that strategy. Chapter I in particular and the entire manuscript in general examine the kidnappings within the parameters of revolutionary terrorism. The kidnappings have also had serious legal and political ramifications in the realm of world diplomacy."
Das vorliegende Handbuch gewahrt eine vollstandige und aktuelle UEbersicht uber die Rechtslage des Arbeitnehmers bei Insolvenz seines Arbeitgebers. Dabei werden die Rechte der Arbeitnehmer sowohl im Rahmen des gesetzlichen Insolvenzverfahrens wie auch bei Vermoegensverfall ohne Eroeffnung eines Insolvenzverfahrens betrachtet. Ebenfalls in die Darstellung aufgenommen wurde die Untersuchung der Lage der Arbeitnehmer im Insolvenzplanverfahren. In einem weiteren Abschnitt werden die Rechte der Arbeitnehmer bei Masseunzulanglichkeit beleuchtet. Das Werk enthalt ferner Hinweise auf die Problematik im europaischen Zusammenhang, die angesichts der internationalen wirtschaftlichen Verflechtung auf der einen Seite und der Realisierung der Freizugigkeit fur Arbeitnehmer auf der anderen Seite eine immer groessere Bedeutung gewonnen hat. Berucksichtigt worden sind das dritte Buch des Sozialgesetzbuches, das Gesetz uber Teilzeitarbeit und befristete Arbeitsvertrage vom 21.12.2000, das Altersteilzeitgesetz vom 23.07.1996, die Neufassung des Kundigungsschutzgesetzes, zuletzt geandert durch Gesetz vom 24.12.2003, das Gesetz zur Verbesserung der betrieblichen Altersversorgung, zuletzt geandert durch Gesetz vom 15.08.2003, die gesamte Neufassung der Sozialhilfe, in Kraft getreten zum 01.01.2005.
This volume presents a multidisciplinary overview of the factors of integration between the two shores of the Adriatic sea. The research promoted by the "Coordinamento Adriatico" is dedicated to a range of problems chronologically anchored to modernity and contemporaneity. The study focuses on the situation of the upper Adriatic with particular attention to the intellectual, political, economic, institutional, legal, administrative and artistic expressions of life.
Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan's concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, "Eurolegalism," Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which "law on the books" shapes social life. Like Kagan's scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.
Well-being Regulation]Lawyers and attorneys face every day a tremendous amount of stress. This publication offers numerous tips and tricks how to improve one's dealing with stress and how to to overcome stress.
This study is an expanded and revised version of a thesis accepted for the Ph. D. Degree by the University of London in 1965. My sincere thanks go to Dr. Bertha Malnick, formerly of the School of Slavonic and East European Studies, for her valuable advice, criticism, and encourage ment. Some of the material used in Chapters Three and Four has been published earlier in The Slavonic & East European Review, and I am grateful to the Editors of that journal for their kind permission to draw on it for the present purpose. Most of my research was carried out in the libraries of the British Museum and of the School of Slavonic and East European Studies, and I wish to thank the many members of the staff of both these institutions who facilitated my labours. My thanks also go to the ladies of York University Secretarial Services involved in preparing the manuscript for the press. Finally, I must acknowledge the immense debt of gratitude lowe to my wife, without whose co-operation the whole project could never have materialised. The responsibility for all opinions expressed in this book and for all its shortcomings is entirely my own. Toronto, Canada December 1970 INTRODUCTION The eighteenth century for Russia marks the transition from the medieval (i. e. religious) to the modern European (i. e."
This book is centered on the fifteen landmark cases as identified and required for students taking the College Board Advanced Placement® Government and Politics Exam. Reading U.S. Supreme Court cases can be a difficult task, especially in the limited time frame allotted to prepare for the exam. In keeping with the College Board’s admonition that students be able to read and understand the high-level language of primary sources, this book engages readers with the original language of the cases in a condensed form with the most integral pieces intact in order to prepare students for the complex thinking and analysis required for the course and the exam. More than simple summaries, these cases maintain the original language and include thought-provoking, challenging, questions to train readers to read like lawyers, not only for the exam, but for the rest of their lives as consumers of new and emerging case law. |
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