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Books > Law > International law
This book proposes a framework for assessing countries' levels of compliance with international space law and norms. It begins by exploring the development of two movements - the evidence-based policymaking and programming movement, and the rise of ratings and rankings research - and their growth across various disciplines. The analysis suggests that such efforts are useful in gauging the behavior of countries in space according to how well they adhere to existing space law and norms. To date, there is no comprehensive, periodic, and systematic measure of countries' efforts to comply with space law and norms; this work endeavors to fill that gap by offering a framework in which to assess compliance. Applying the framework results in five possible ratings that a country may be assigned, ranging from highly compliant to non-compliant. Ideally, the proposed framework can be used to promote compliance, and with it, space security and sustainability.
"Most VAT systems exclude public bodies from the scope of value added tax (VAT) systems. However, a movement to include public sector bodies within the GST system to some extent or even fully (as in New Zealand) is gaining momentum, and underlies the European Commission's 2011 study on the treatment and economic impact of exemptions in the public interest. Whether the present EU treatment really is as bad as some of its critics suggest, and whether the New Zealand model really is so perfect that jurisdictions with exclusion models ought simply to replace these existing systems with a New Zealand style system: these are the questions which triggered this research and which form the basis for the critical analysis contained in this book."
This Handbook presents a comprehensive collection of essays by leading scholars and practitioners in the burgeoning field of international sports law. The authors address significant legal issues on two gradually converging tracks: the mainstream institutional framework of the law, primarily the International Olympic Committee, international sports federations, regional and national sports authority, and the Court of Arbitration for Sport; and the commercial sports industry. Topics include the institutional structure; fundamental issues, legal principles and decisions within those institutions; mediation, arbitration and litigation of disputes; doping, gambling and the expanding use of technology in competition; athlete eligibility requirements; discrimination; and protection of athletes. The book also covers a broad range of commercial issues related to competition law and labor markets; media, image, and intellectual property rights; event sponsorships; and players' agents. Comparative analyses of young sports models and practices in North America, Europe and elsewhere supplement the general theme of international sports law. This major collection of essays on some of the most controversial, cutting-edge issues in international sports law, will be a captivating read for academics and students of sports law, sports management, international law and comparative law, as well as practicing lawyers and players' agents. Senior executives and other professionals in the sports industry will also find much to interest them in this well-documented Handbook. Contributors include: P. Anderson, I.S. Blackshaw, R. Branco Martins, L. Colantuoni, S. Cornelius, T. Davis, A.J. Dreyer, S. Gardiner, T. Jagodic, L. Kurlantzick, S. Lettmaier, R.H. McLaren, M.J. Mitten, J.A.R. Nafziger, R. Parrish, R.W. Pound, S.F. Ross, R.C.R. Siekmann, P. Singh, J. Soek, H. Stevenson, K. Vieweg, C. Watson
This year's volume of the "Comparative Law Yearbook of International Business" deals with the subject of Product Liability Law. This is a growing area, in which, manufacturers and suppliers are finding themselves more and more responsible for the quality of their products and for the consequences flowing from any defect therein. This book discusses a wide variety of topics, which come under the umbrella of product liability, ranging from liability for injuries caused by the use of asbestos and other toxic substances to the responsibility of air carriers in hijack situations. There is a growing amount of litigation throughout the world tackling the problems arising from the safety of products. These laws take into account the manufacturing process, the transportation, storage and delivery of goods, the intended use of products, their fitness for such purpose, and any warnings or instructions as to use given to consumers and end users. This publication also covers the question of jurisdiction in product-related litigation, particularly in crossborder transactions. In many instances, a plaintiff will attempt to bring his action in the United States, due to the large amount of damages, especially punitive damages, awarded there by juries in civil actions. Defendants, on the other hand, seek to counter this by raising issues such forum non conveniens. There also is the question of state versus federal jurisdiction within the United States, as well as a discussion focusing on the possible growth of federalism within the European Union and its impact upon product liability nationally and at a European level. A comparison of the divergent cultural attitudes towards property in China and the United States, including the different emphases placed upon the ownership and role of property in society, demonstrates the different views of product liability. Another aspect of defective goods dealt with here is liability for the recall of a dangerous product. There is a chain of responsibility stretching from the manufacturer, trough various levels of suppliers, to the final retailer of goods, which is obviously important when attempting to remove dangerous products from the market as quickly as possible, before they can cause widespread injury to consumers. This has been shown to be particularly relevant in cases involving automobiles and food products. Overall, therefore, Product Liability Law is a vital part of the general law protecting consumers, both on a national and international basis, which makes this book a very interesting and useful read for anyone involved in this area.
With the creation of a single global market in financial services, the effective regulation of banks at the international level has become essential. This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response, beginning with the collapse of the Bretton Woods system of managed exchange rates and the resulting establishment of the Basel Committee on Banking Supervision in 1974. The author describes the structure and operation of the Committee and examines both the content of its core supervisory papers and the development of its more general regulatory programme. The emergence of increasingly complex international banking and financial conglomerates has required a fundamental revision of the traditional sector-based methods of supervision and regulation. The book examines the difficulties associated with the cross-border and cross-sector regulation of such groups and assesses the international response to these problems. Financial crises in Asia and elsewhere during the late 1990s generated further anxiety concerning the stability of the international financial market place. The causes of the crises are accordingly examined and the various responses adopted as part of an international financial architecture analysed in detail. This book addresses all the major factors involved in international banking supervision, conglomerate control and financial stability together in a single text. It should prove a useful reference and analytical tool for all those specializing in international banking and financial market control.
The book provides readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe.The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics.The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.
War crimes have devastating effects on victims and perpetrators and endanger broader political and military goals. The protection of civilians, one of the most fundamental norms in the laws of war, appears to have weakened despite almost universal international agreement. Using insights from organizational theory, this book seeks to understand the process between military socialization and unit participation in war crimes. How do militaries train their soldiers in the laws of war? How do they enforce compliance with these laws? Drawing on evidence from the Korean War, the Malayan Emergency, and the Canadian peacekeeping mission in Somalia, the author discovers that military efforts to train soldiers about the laws of war are poor and leadership often sent mixed signals about the importance of compliance. However, units that developed subcultures that embraced these laws and had strong leadership were more likely to comply than those with weak discipline or countercultural norms.
It has been well-established that many of the injustices that people around the world experience every day, from food insecurity to unsafe labor conditions and natural disasters, are the result of wide-scale structural problems of politics and economics. These are not merely random personal problems or consequences of bad luck or bad planning. Confronted by this fact, it is natural to ask what should or can we do to mitigate everyday injustices? In one sense, we answer this question when we buy the local homeless street newspaper, decide where to buy our clothes, remember our reusable bags when we shop, donate to disaster relief, or send letters to corporations about labor rights. But given the global scale of injustices related to poverty, environmental change, gender, and labor, can these individual acts really impact the seemingly intractable global social, political, and economic structures that perpetuate and exacerbate them? Moreover, can we respond to injustices in the world in ways that do more than just address their consequences? In this book, Brooke A. Ackerly both answers the question of what should we do, and shows that it's the wrong question to ask. To ask the right question, we need to ground our normative theory of global justice in the lived experience of injustice. Using a feminist critical methodology, she argues that what to do about injustice is not just an ethical or moral question, but a political question about assuming responsibility for injustice, regardless of our causal responsibility and extent of our knowledge of the injustice. Furthermore, it is a matter that needs to be guided by principles of human rights. As she argues, while many understand human rights as political goals or entitlements, they can also guide political strategy. Her aims are twofold: to present a theory of what it means to take responsibility for injustice and for ensuring human rights, as well as to develop a guide for how to take responsibility in ways that support local and global movements for transformative politics. In order to illustrate her theory and guide for action, Ackerly draws on fieldwork on the Rana Plaza collapse in 2013, the food crisis of 2008, and strategies from 125 activist organizations working on women's and labor rights across 26 countries. Just Responsibility integrates these ways of taking political responsibility into a rich theory of political community, accountability, and leadership in which taking responsibility for injustice itself transforms the fabric of political life.
This book offers new insights and original empirical research on private military and security companies (PMSCs), including China's negotiation approach to governance, an account of Nigeria's first engagement with regulatory cooperation under the threat of Boko Haram, and a study of PMSCs in Ebola-hit Western Africa. The author engages with concepts and theories from IR, Political Economy, and African studies-like regime, forum shopping, and extraversion-to describe what shapes state choices in national and international fora. The volume clarifies and spells out the needed questions and definitions and proposes a synthesis of how regime formation is shaped by ideas, interests, and institutions, starting from the proposition that regulatory cooperation consists in facilitating the acceptance and use of a single identifier for private military and security companies.
The second volume of EtYIL brings together a number of articles and other contributions that, collectively, take EtYIL's original mission of helping rebalance the narrative of international law another step forward. Like the first volume, this book presents scholarly contributions on cutting-edge issues of international law that are of particular interest to Ethiopia and its sub-region, as well as Africa and developing countries more generally. The major issues tackled include the interplay between national and international in the promotion and regulation of foreign direct investment in Ethiopia; the regulatory framework for the exploitation and development of petroleum resources and relevant arbitral jurisprudence in the field; the role of international law in ensuring the equitable sharing of transboundary resources, such as the waters of the River Nile, or in the delimitation of the continental shelf in the region; the efforts to establish the Continental Free Trade Area in Africa and the lessons that can be learnt from prior experiments; Africa's policy towards the International Criminal Court and the feasibility of alternative means of serving justice in the case of grave crimes; and the UN's peace-keeping operations in their North-South context. The issues addressed in the various contributions are mostly at the heart of live political, diplomatic and judicial activities today, and as such promise to shape the future of international law in the region and beyond. This volume not only takes a significant step further towards EtYIL's mission, but also enriches it with fresh insights from perspectives that are not common in international law scholarship to this day.
In August 1945 Great Britain, France, the USSR, and the United States established a tribunal at Nuremberg to try military and civilian leaders of the Nazi regime. G. M. Gilbert, the prison psychologist, had an unrivaled firsthand opportunity to watch and question the Nazi war criminals. With scientific dispassion he encouraged Goeering, Speer, Hess, Ribbentrop, Frank, Jodl, Keitel, Streicher, and the others to reveal their innermost thoughts. In the process Gilbert exposed what motivated them to create the distorted Aryan utopia and the nightmarish worlds of Auschwitz, Dachau, and Buchenwald. Here are their day-to-day reactions to the trial proceedings their off-the-record opinions of Hitler, the Third Reich, and each other their views on slave labour, death camps, and the Jews their testimony, feuds, and desperate maneuverings to dissociate themselves from the Third Reich's defeat and Nazi guilt. Dr. Gilbert's thorough knowledge of German, deliberately informal approach, and complete freedom of access at all times to the defendants give his spellbinding, chilling study an intimacy and insight that remains unequaled.
This book provides a detailed examination of the issue of conformity of goods and documents under the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG). This issue lies at the heart of sales law and is one of the most frequently litigated. The book explores: the Convention's requirements as to quality, quantity, description and packaging of the goods (conformity); the requirements flowing from the need for the goods to be free from rights or claims of third parties; and the questions of what documents the seller must deliver to the buyer and what constitutes a 'good' document under the CISG. The book engages extensively with a substantial body of cases decided under the CISG and academic commentary. It systematises the Convention's experience to date with a view to turning it into an integrated, comprehensive and distinctive CISG legal regime on conformity of goods and documents. The analysis is comparative and draws on the experience of some major domestic legal systems, such as English and US law. The focus is both analytical and practical. The book will be of interest to legal practitioners, academic lawyers and students with an interest in international and comparative sales, commercial and contract law.
This is a multidisciplinary volume comprising contributions from lawyers, scientists and policy makers on the globally significant issue of accessing biological, and ultimately genetic, resources for commercial and scientific purposes. This volume deals with a number of international instruments but emphasizes the Convention on Biological Diversity and considers the International Treaty on Plant Genetic Resources for Food and Agriculture, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, the rights of Indigenous Peoples, as well as issues in bioprospecting, scientific and commercial development. Consideration of the issues is raised at national, regional and international levels but here the focus is primarily the unique Australian experience, thereby reflecting the larger international debates between the developed nations and the megadiverse developing nations.
If your adult child becomes incapacitated or dies, you do not automatically gain custody of your grandchildren. Sometimes, depending on the age of the children and whether or not they are adoptable will determine who gets custody. Hundreds of thousands of dollars in federal bonus monies are given to states each year when they exceed the number of adoptions from the previous year. Your grandchild may be needed to help reach the numbers necessary for your state to receive its bonus.
This book shares a range of new and diverse insights on On-Orbit Servicing (OOS), and examines its implications especially from political, legal, economic, and security perspectives. OSS has been evolving rapidly and presents both challenges and opportunities, such as in-space repairs, refuelling, refurbishment of spacecraft and servicing satellites, which could play a critical role in extending satellite lifecycles, while also representing a valuable next step in debris mitigation. At the same time, many legal questions have arisen in connection with OOS: the need to prevent hostile actions under the pretext of OSS; the distinction between governmental and non-governmental OOS operators; the status of re-worked and recycled space objects; the issue of control in terms of operations performed in orbit, i.e., in the international sphere; the status of objects manufactured in orbit and applicable law, including liability and registration; and the impacts on insurance law and risk management. Finally, the book examines the implications of OOS for emerging space actors in the Global South, and recommends a paradigm shift to help developing countries fully recognise the necessity and urgency of being involved in discussions on OSS, as opposed to leaving it up to the developed space actors. This book will be of great interest to practitioners, academics, and students working in the space sector and related fields.
This contributed volume addresses the future development of space law in light of our ever-growing space activities, the multiplicity of new space actors and the challenges posed by novel space technologies. Unlike existing space law literature, it sets its sights on the future, envisaging how space law could and should evolve in coming decades. Written by experienced professors, academics and practitioners in the field, this edited volume constitutes a valuable tool for understanding the current state of space law, the challenges it is called upon to address and the new phase it is about to enter. In addition, this book initiates a discussion de lege ferenda, addressing the letter and spirit of space law in the world of modern and future space activities. These papers were presented at "The Space Treaties at Crossroads: Considerations de lege ferenda," held on August 28 to 29, 2015, in Athens, Greece. The conference was jointly organized by the National and Kapodistrian University of Athens and the Institute of Air and Space Law of McGill University
This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as "modern" or even post-modern. There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the "Other" and the legitimation of military interventions. All these subjects include Vitoria's contributions to the formation of the idea of modernity and modern international law. The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria's texts, in the context of "modern" problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria's reflections for contemporary issues of international law.
This book discusses the many legal aspects arising in relation to the maintenance of peace in Africa. Over the past twenty years, the majority of peace operations have been deployed on this continent, most of them established by the UN Security Council, sometimes in cooperation with the African Union and other African regional organizations, with contributions from the European Union and NATO. In some cases, the African Union has invoked its 'primary responsibility for promoting peace, security and stability in Africa', thus questioning the legal partnership between UN and regional organizations provided for in Chapter VIII of the UN Charter. The peace operations deployed in Africa have sometimes received a very robust mandate, which also includes the use of force and the protection of civilians' human rights. The implementation of this broad mandate, which goes well beyond the traditional 'peacekeeping approach', requires considerable human and economic resources. Moreover, it raises several issues of concern with regard to the impact on the economic and political systems of the states in which the operations are deployed and, more generally, on the exercise of sovereignty over their territorial communities by these states. Offering an update for lawyers in practice and in academia interested in the field of international law, the book also contributes to the theoretical studies concerning the activities of international organizations, focusing on one of the most challenging issues to emerge in recent times.
This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of the global digital economy. The impact of artificial intelligence (AI) not only on law but also on economics is examined. In the first part, the economics of AI are explored, including topics such as e-globalization and digital economy, corporate governance, risk management, and risk development, followed by a quantitative econometric analysis which utilizes regressions stipulating the scale of the impact. In the second part, the author presents the law of AI, covering topics such as the law of electronic technology, legal issues, AI and intellectual property rights, and legalizing AI. Case studies from different countries are presented, as well as a specific analysis of international law and common law. This book is a must-read for scholars and students of law, economics, and business, as well as policy-makers and practitioners, interested in a better understanding of legal and economic aspects and issues of AI and how to deal with them.
Competition law has traditionally been enforced in Europe via a public administrative authority, primarily the European Commission, but also increasingly by Member State National Competition Authorities. However, public enforcement does not compensate victims of competition law infringements. Private enforcement is central to US antitrust law enforcement, and the availability of class actions underscores the importance of consumer rights and redress. Over the last 20 years there has been considerable debate and developments in the EU to facilitate and encourage private enforcement, in particular in relation to consumer redress. |
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