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Books > Law > International law
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 peer-reviewed book provides detailed insights into how space
and its applications are, and can be used to support the
development of the full range and diversity of African societies,
as encapsulated in the African Union's Agenda 2063. Following on
from Part 1, which was highly acclaimed by the space community, it
focuses on the role of space in supporting the UN Sustainable
Development Goals in Africa, but covers an even more extensive
array of relevant and timely topics addressing all facets of
African development. It demonstrates that, while there have been
significant achievements in recent years in terms of economic and
social development, which have lifted many of Africa's people out
of poverty, there is still a great deal that needs to be done to
fulfill the basic needs of Africa's citizens and afford them the
dignity they deserve. To this end, space is already being employed
in diverse fields of human endeavor to serve Africa's goals for its
future, but there is much room for further incorporation of space
systems and data. Providing a comprehensive overview of the role
space is playing in helping Africa achieve its developmental
aspirations, the book will appeal to both students and
professionals in fields such as space studies, international
relations, governance, and social and rural development.
This book explores the transnational legal infrastructure for
dispute resolution in transnational securities transactions. It
discusses the role of law and dispute resolution in securities
transactions, the types of disputes arising from them, and the
institutional and legal aspects of dispute resolution, both
generally and regarding aggregate litigation. It illustrates
different dispute resolution systems and aggregate litigation
methods, and examines the legal issues of dispute resolution
arising from transnational securities transactions. In addition,
the book proposes two systems of dispute resolution for
transnational securities transactions depending on the type of
dispute: collective redress through arbitration and a network of
alternative dispute resolution systems.
Governing Arctic Seas introduces the concept of ecopolitical
regions, using in-depth analyses of the Bering Strait and Barents
Sea Regions to demonstrate how integrating the natural sciences,
social sciences and Indigenous knowledge can reveal patterns,
trends and processes as the basis for informed decisionmaking. This
book draws on international, interdisciplinary and inclusive
(holistic) perspectives to analyze governance mechanisms, built
infrastructure and their coupling to achieve sustainability in
biophysical regions subject to shared authority. Governing Arctic
Seas is the first volume in a series of books on Informed
Decisionmaking for Sustainability that apply, train and refine
science diplomacy to address transboundary issues at scales ranging
from local to global. For nations and peoples as well as those
dealing with global concerns, this holistic process operates across
a 'continuum of urgencies' from security time scales (mitigating
risks of political, economic and cultural instabilities that are
immediate) to sustainability time scales (balancing economic
prosperity, environmental protection and societal well-being across
generations). Informed decisionmaking is the apex goal, starting
with questions that generate data as stages of research,
integrating decisionmaking institutions to employ evidence to
reveal options (without advocacy) that contribute to informed
decisions. The first volumes in the series focus on the Arctic,
revealing legal, economic, environmental and societal lessons with
accelerating knowledge co-production to achieve progress with
sustainability in this globally-relevant region that is undergoing
an environmental state change in the sea and on land. Across all
volumes, there is triangulation to integrate research, education
and leadership as well as science, technology and innovation to
elaborate the theory, methods and skills of informed decisionmaking
to build common interests for the benefit of all on Earth.
In many societies, histories of exclusion, racism, and nationalist
violence often create divisions so deep that finding a way to deal
with the atrocities of the past seems nearly impossible. These
societies face difficult practical questions about how to devise
new state and civil society institutions that will respond to
massive or systematic violations of human rights, recognize
victims, and prevent the recurrence of abuse. Identities in
Transition: Challenges for Transitional Justice in Divided
Societies brings together a rich group of international researchers
and practitioners who, for the first time, examine transitional
justice through an identity lens. They tackle ways that
transitional justice can act as a means of political learning
across communities; foster citizenship, trust, and recognition; and
break down harmful myths and stereotypes, as steps toward meeting
the difficult challenges for transitional justice in divided
societies."
The law relating to recourse is always changing, but the present
period is notable for the number of countries whose law has
recently undergone, is now undergoing, or is about to undergo
extensive reform. This makes the comparison of differing systems
particularly difficult. This book is the second volume in the
series "Civil Procedure in Europe." It gives a comparative overview
of the systems of recourse against civil judgments actually in
operation in 14 countries of the European Union. The reports were
written against the background of a document originally circulated
in July 1995, but each of them remains the original work of its
individual author. The contributions are written by national
expects distinguished in the field of civil procedural law. The
main reports are written in English, French, German and in one case
Spanish, and are followed by summaries in the remaining languages.
Extensive bibliographies have been included, to enable the reader
to find material for further study. The national reports
systematically address the following: a description of the right of
appeal in each country; the nature and scope of the appeal against
first and second instance judgments; enforceability of Judgment
subject to recourse; and default judgments. Recourse against
judgments covers the following countries: Austria, Belgium,
Denmark, England and Wales, Finland, France, Germany, Greece,
Ireland, Italy, The Netherlands, Portugal, Spain and Sweden.
It is a commonplace that pollution knows no borders, and that
environmental law must allow for cross-border implementation. The
European Union specifies this principle in EC directives on
integrated pollution prevention and control (IPPC), on
environmental impact assessment (EIA), and on the control of major
accident hazards involving dangerous substances (Seveso II). This
is the first book to investigate - from both empirical and
normative perspectives - the effectiveness of these directives at
the national level. It provides by far the most extensive
comparative analysis and evaluation of the industrial permitting
and inspections, EIA, and major accident prevention in the EU.
Offering an in-depth study of the transposition and implementation
of EC environmental directives in eight EU member states (Denmark,
France, Germany, Italy, the Netherlands, Spain, Sweden, and the
United Kingdom), the author - who has played a significant role in
the formulation of environmental legislation and regulation at both
the national (German) and EU levels - provides a stable base for an
assessment of the benefits and costs of the integrated approach to
environmental protection. Among the factors considered are the
following: key features of national constitutional, administrative,
and judicial systems which provide the framework for environmental
regulations and their implementation in the eight countries under
study; procedures and substantive requirements transposing the
IPPC, EIA and Seveso II directives into national laws; and,
evaluation of national deficiencies and the extent of "muddling
through." The empirical part of Dr. Bohne's analysis draws on 138
expert interviews with public and private actors, a survey of 178
public authorities, and document analyses of selected industrial
permits and environmental impact statements. His comparative
analysis of procedural, organizational, and substantive integration
makes it possible to identify and compare national accomplishments
in regulatory integration, and offers new insights into the
effectiveness and limits of EC law. The study concludes with a
discussion of the implications of the findings for European
governance and better regulation after the enlargement of the EU.
This thoroughly researched, rigorous, and insightful study will be
of great interest and value to policymakers, regulators, business
people, environmental NGOs, consultants, and lawyers, as well as to
students of environmental policies and European governance.
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.
This book explores the human rights consequences of the new
mercenarism, as channeled through so-called private military and
security companies (PMSCs), and offers an overview of the evolution
and status quo of both non-legal (soft law and self-regulation) and
legal initiatives seeking to limit them. It addresses various
topics, including the impact of the presence of non-state actors on
human security using the cases of Afghanistan and Syria; research
on PMSCs' impact on human rights in specific cases; the
insufficiency and ineffectiveness of existing direct and indirect
legal prohibitions on the use of mercenaries; various aspects of
international human rights law and international humanitarian law
related to the conduct of PMSCs; soft-law and self-regulation
mechanisms; and the international minimum standard in general
international law regarding the privatization, export, import, and
contracting of PMSCs.
This monograph offers a longitudinal analysis of the developments
in the European fundamental rights arena during the last decade.
Decisions of critical importance on the future of the EU need to be
taken by the EU institutions and the Member States' governments.
The 'existential' crisis affecting Europe is essentially a crisis
of values revealing a lack of shared vision. Based on this premise,
this monograph contributes to the debate on how to overcome the
current impasse. By situating the analysis of the EU in the context
of a wider Europe, which includes the ECHR (and its interpretation
by the ECtHR), this work challenges the idea that the project of
European integration should be abandoned. Instead it proposes a
re-orientation of this process, conceptualised as a dynamic
interaction of different actors, sources and laws on fundamental
rights within the wider Europe. Following an evaluation of the
current fundamental rights' regimes, the monograph proposes a model
of effective governance of fundamental rights in Europe based on
the doctrines of dialogical constitutionalism and agency. This
original and innovative contribution is enriched by findings from
British Academy funded research on the European architecture of
fundamental rights post-Lisbon Treaty.
This book addresses the theme of collective bargaining in different
legal systems and explores legal framework of collective bargaining
as well as the role of different bargaining models in domestic
labour law systems in altogether twenty-one jurisdictions
throughout the world. Recent development of collective bargaining
regimes can be viewed as part of a larger development of labour law
models that face increasing challenges caused by globalization and
transition of work and workplaces. The book places particular
emphasis on identifying and examining most important development
trends affecting domestic labour law regimes and collective
bargaining and regulatory responses thereto. The analysis offered
extents to transnational dimension of collective bargaining. As the
chapters analyse the influence of the legal frameworks of
collective bargaining in different countries they provide unique
comparative insight into the topic which is central to
understanding the function of labour law.
This book integrates important milestone cases with new analyses to
provide comprehensive coverage of environmental law and economics.
It covers important international topics, including interactions of
global environmental features and public/private health, economics
of the institutions for optimal environmental management, extension
of the Polluter Pays Principle to the global arena (including
international trade), improved approach to the usage of
cost-benefit analysis methods, economic or environmental
decision-making under risk aversion and uncertainty, integration of
operations in world trade and finance with the ecology and
economics of the environment, objective treatment of methods of
compliance, and dispute settlement procedures in the international
environmental disputes arena.
Although it has been ranked the fourth largest destination for
foreign direct investment (FDI) in the world, Brazil has not
enacted specific legislation to promote or protect FDI. Nor are
there any investment treaties in force, so Brazilian companies
investing abroad act without international legal protection.
Considering the country's widely acclaimed "arrival" into the small
family of the world's major trading nations, the question of
Brazil's entry in the international FDI system - not only as an
incentive to the inflow of foreign investment, but also to protect
the investments of its national companies abroad - has become a
hotly debated issue. This timely book, with its incisive reports on
all important aspects of the matter, tackle this subject with
prodigious knowledge and insight. With detailed analysis of
investment-related legislation, including different legal and
regulatory models, as well the examination of peculiarities of
highly specialized industries present in Brazil, the authors cover
such aspects as the following: investment in infrastructure, social
areas such as education and health, commodities, and the oil and
gas sector; to what extent expropriation under Brazilian law
resembles the international standard of protection; political
implications of Brazil's FDI stance with regard to the balance of
interest within the Latin American region; foreign investment in
light of the principle of national treatment; enforceability of
arbitration agreements vis-a-vis the state, state entities, and
state-owned companies; conflicts of jurisdiction between state
courts and arbitral tribunals; arbitration involving companies in
liquidation and reorganization proceedings; public - partnership
contracts; and investment-related aspects of human rights and
intellectual property rights.
Research Handbook on EU Institutional Law offers a critical look
into the European Union: its legal foundations, competences and
institutions. It provides an analysis of the EU legal system, its
application at the national level and the prevalent role of the
Court of Justice. Throughout the course of the Handbook the expert
contributors discuss whether the European Union is well equipped
for the 21st century and the numerous crises it has to handle. They
revisit the call for an EU reform made in the Laeken Conclusions in
2001 to verify if its objectives have been achieved by the Treaty
of Lisbon and in daily practice of the EU institutions. The book
also delves into the concept of a Europe of different speeds, which
- according to some - is inevitable in the EU comprising 28 Member
States. Overall, the assessment of the changes introduced by the
Lisbon Treaty is positive, even if there are plenty of suggestions
for further reforms to re-fit the EU for purpose. Students and
scholars will find this original Handbook to be an invaluable
resource, particularly due to its focus on topics for future
discussion. Researchers and policy-makers will also benefit from
the points raised in this book. Contributors include: F.
Amtenbrink, M. Avbelj, M. Bobek, S. Blockmans, A.B. Capik, T.
Capeta, M. Claes, D. Curtin, A. Cygan, B. de Witte, M. Everson, K.
Gutman, M. Hillebrandt, S.L. Kaleda, M. Kuijer, A. Lazowski, J.
Mendes, A. Sikora, K. van Duin, E. Vos
This book explores the objects, means and ends of international
cultural heritage protection. It starts from a broad conception of
cultural heritage that encompasses both tangible property, such as
museum objects or buildings, and intangible heritage, such as
languages and traditions. Cultural heritage thus defined is
protected by various legal regimes, including the law of armed
conflicts, UNESCO Conventions and international criminal law. With
a view to strengthening international protection, the authors
analyze existing regimes and elaborate innovative concepts, such as
blue helmets of culture and safe havens for endangered cultural
heritage. Finally, the ends of international protection come to the
fore, and the authors address possible conflicts between protecting
cultural diversity and wishes to strengthen cultural identity.
Advancing the Human Right to Health offers a prospective on the
global response to one of the greatest moral, legal, and public
health challenges of the 21st century - achieving the human right
to health as enshrined in the Universal Declaration of Human Rights
(UDHR) and other legal instruments. Featuring writings by global
thought-leaders in the world of health human rights, the book
brings clarity to many of the complex clinical, ethical, economic,
legal, and socio-cultural questions raised by injury, disease, and
deeper determinants of health, such as poverty. Much more than a
primer on the right to health, this book features an examination of
profound inequalities in health, which have resulted in millions of
people condemned to unnecessary suffering and hastened deaths. In
so doing, it provides a thoughtful account of the right to health's
parameters, strategies on ways in which to achieve it, and
discussion of why it is so essential in a 21st century context.
Country-specific case studies provide context for analysing the
right to health and assessing whether, and to what extent, this
right has influenced critical decision-making that makes a
difference in people's lives. Thematic chapters also look at the
specific challenges involved in translating the right to health
into action. Advancing the Human Right to Health highlights the
urgency to build upon the progress made in securing the right to
health for all, offering a timely reminder that all stakeholders
must redouble their efforts to advance the human right to health.
This book offers in-depth legal and political analysis concerning
the compatibility of the Westphalian state model with globalization
and the digital revolution. It explores the concept of democracy in
a globalized world, discusses the legitimacy of economic
integration in the global market, and presents three case studies
(from Brazil, Taiwan and Spain) on the impact of social media on
elections. It further entails novel perspectives on the impact of
digitalization on national borders, and the role of citizens and
experts in the shaping of globalization. A final chapter addresses
the extent to which insights gained from the analysis of the
abovementioned aspects will need to be considered in efforts to
recover from the current global health and economic crisis.
One of the greatest figures in modern international law, James
Brown Scott 1866-1943] intended to publish an autobiography titled
Adventures in Internationalism. He wrote a few paragraphs for this
book, but he never completed it. He decided instead to entrust his
life's story to George A. Finch, a protege and friend. Finch began
work on a biography with Scott's participation in the late 1930s,
but he never completed it. Using Finch's manuscripts and notes
Butler has produced a compelling study of Scott's key role in the
international law movement, participation in several important
diplomatic conferences and work as an author, secretary of the
Carnegie Endowment for International Peace and guiding force behind
the American Society of International Law. " Scott] fathered and
fostered the development of international law during the greatest
period of its history." --Manley O. Hudson, Harvard Alumni Bulletin
XXXIII No. 14 (1 January 1931) 419. George A. Finch 1884-1957] was
James Brown Scott's assistant and literary executor. He served as
assistant director of the Division of International Law at the
Carnegie Endowment, and, upon Dr. Scott's retirement, became that
division's secretary and director. He was president of the
Inter-American Academy of International and Comparative Law and
held several positions at the American Society of International
Law. At the time of his death he was honorary vice-president of the
society and the honorary editor of its journal. He was the author
of The Sources of Modern International Law (1937). William E.
Butler is the John Edward Fowler Distinguished Professor of Law at
Penn State University's Dickinson School of Law. He is the
preeminent authority on the law of Russia and other former Soviet
republics and the author, co-author, editor, or translator of more
than 120 books on Soviet, Russian, Ukrainian and other Commonwealth
of Independent States legal systems. Professor Emeritus of
Comparative Law at the University of London, Professor Butler is
the founder and director of The Vinogradoff Institute, which
operates as a unit of Penn State Dickinson. The recipient of
numerous honors for his service to Russian and international law,
Professor Butler is an Academician of the National Academy of
Sciences of Ukraine and the Russian Academy of Natural Sciences and
is serving his third term as a member of the Russian International
Court of Commercial Arbitration.
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