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This book provides law enforcement officials with the essential legal knowledge and practical acumen needed for the performance of their duties.
During September 16-21, 2007, the XIIIth World Congress on Procedural Law was held in Salvador de Bahia, Brazil. The Congress was dedicated to the theme 'New Trends in Procedural Law' and was organized by the International Association of Procedural Law. This book contains the Congress reports regarding the following themes: information technology in litigation new trends in pre-action new trends in standing and res iudicata in collective suits new trends in illegal evidence in criminal procedure civil case management the Belgian debate and reforms the European small claims procedure presumptions in Dutch private law (19th and 20th centuries) within a European context.
What institutional arrangements should a well-functioning
constitutional democracy have?
Part of the Juta's Property Law Library series, Land Reform covers all legal developments spanning the first phase or exploratory land reform programme that was embarked upon in 1991, followed by the all-encompassing land reform programme that coincided with the constitutional dispensation, until July 2013. Land reform is approached with reference to its various contexts, drawing the broad categories of state land and private land that are further subdivided into urban and rural contexts, where relevant. All relevant legislative measures and policy documents are set out and major court decisions are analysed accordingly.
The traditional legal textbooks aim to give students of the law a synoptic overview of the present state of law in a particular area. In doing so, most books offer only a cursory assessment of how the law came to be the way it is and what economic, political and social forces were brought to bear during its evolution. This study seeks to offer students a different kind of text, which takes as its starting point the law as it was in 1945. Guiding the student through four-and-a-half decades of almost continuous legislative activity, Davies and Freedland show how the law was created, and why it looks as it does today. The history explored is from 1945 to 1990, but not including the period since Mr Major succeeded Mrs Thatcher as Prime Minister. Paul Davies is also the editor of the "Industrial Law Journal". Mark Freedland has also written "The Contract of Employment" and "Labour Law, Cases and Materials" (with Paul Davies).
This book contains contributions from the third Commission on European Family Law (CEFL) conference which took place in Oslo in June 2007. The general topic, 'European Challenges in Contemporary Family Law, ' has been divided into five themes: The Harmonization of Family Law --- Children and Their Parents --- Irregular Marriages and the Influence of Multiculturalism --- (Property) Relations between Spouses and Cohabitants --- Cross-Border Family Relationships. These issues are, in different ways, related to the remarkable change in family life that has taken place in Europe in the last three or four decades. European family law has experienced, in a profound and deep way, social and demographic changes in this short period of time. Just a few of the important recent developments include: an explosion in the divorce rates and extramarital cohabitation and the resulting increase in the number of children born out of wedlock --- women joining the paid work force en masse, influencing, among other things, parental roles and property relations among partners --- new techniques in artificial insemination --- the growing social acceptance of same-sex relationships
The focus of this volume of Acta Juridica - Foreign Direct Investment and the Law: Perspectives from Selected African Countries - is the relationship between foreign direct investment (FDI) and the law, within the context of FDI in Africa and the role of the Agreement establishing the African Continental Free Trade Area (AfCFTA). The book is a compilation of essays by authors who are specialists from across the spectrum of the law, bringing together their diverse contributions under the banner of foreign direct investment. More specifically, the authors consider the law and foreign direct investment from an African perspective, both regionally and country-specific, in the context of bilateral investment treaties, property law, the legal integration of business law, the role of investment and regulatory policies, dispute resolution, tax incentives and labour regulation.
This volume contains the written versions of presentations given at the international conference Convergence and Divergence of Family Law in Europe, organised in Amsterdam in September 2006. The main objective of this conference was to instigate an in-depth discussion regarding various facets of the convergence/divergence discord. Another objective was to give scholars the opportunity to present their respective views in the ongoing debate surrounding convergence, divergence and deliberate harmonisation activities in the field of family law. In the first part of this book the historical and theoretical issues of the convergence/divergence debate and the controversy surrounding the cultural constraints argument are discussed. The second part gives a picture of the contemporary role of convergence/divergence tendencies on a regional level in various parts of Europe. It starts with an overview of the recent trends in the renowned Nordic co-operation in the approximation of family laws, which is generally considered to be the most successful example of regional harmonisation of family laws in Europe. The next article deals with convergence/divergence tendencies in the development of the family law of the Spanish autonomous communities. The following two contributions offer a summary of the convergence and divergence trends in Eastern Europe against the background of such sweeping events as the fall of the Soviet Union, the disintegration of the Eastern block and the accession of a majority of the Central European countries to the EU. The third part of this volume deals with the convergence and divergence tendencies in the following particular fields of family law: marriage, divorce, same-sex relationships, establishment of parenthood and matrimonial property law.
The European Agreement concerning the International Carriage of Dangerous Goods by Road is intended to increase the safety of international transport of dangerous goods by road. Regularly amended and updated since its entry into force, it contains the conditions under which dangerous goods may be carried internationally. This version has been prepared on the basis of amendments applicable as from 1 January 2017. It contains in particular new or revised provisions concerning for vehicles and machineries; battery powered vehicles and equipment; marking and labelling for lithium batteries in Class 9; instructions in writing; construction and equipment of vehicles; use of LPG, CNG and LNG as fuel for vehicles carrying dangerous goods.
The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.
The Global Financial Crisis has re-ordered how the EU intervenes in the EU financial market, both with respect to regulation and with respect to supervision. After 5 years of a behemoth reform agenda, the new landscape is now clear. Rule-making power has decisively moved to the EU and radical reforms have been made to the organization of supervision. EU Securities and Financial Markets Regulation provides the first comprehensive, critical, and contextual account of the vast new rule-book which now applies to the EU financial market in the aftermath of the seismic reforms which have followed the financial crisis. Topics covered in-depth include the AIFMD, EMIR, the Short Selling Regulation, the new market abuse and transparency regimes, the rating agency regime, the UCITS IV-VI reforms, and MiFID II/MiFIR; the analysis is wide-reaching, extending to secondary legislation and relevant soft law. The book also examines the far-reaching institutional changes which have followed and considers in detail the role and impact of the European Securities and Markets Authority and the potential impact of the Single Supervisory Mechanism for euro area banks on the supervision of the EU financial market. EU Securities and Financial Markets Regulation is the third edition of the highly successful and authoritative monograph first published as EC Securities Regulation. Almost entirely recast and re-written from the 2008 second edition to reflect the changes wrought by the Global Financial Crisis, it adopts the in-depth contextual and analytical approach of earlier editions and so considers the market, political, international, institutional, and constitutional context of the new regulatory and supervisory regime, and the underlying forces which have (and will continue to) shape it.
In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state-the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians-with some help from angry property owners and bulldozer-driving Sagebrush Rebels-tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history-including the regionally distinctive experiences of the American West-behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.
The Commission on European Family Law published its Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses in 2004 as a contribution towards the establishment of a European Family Law. Only by empirical testing of the Principles in a number of legal systems can one demonstrate whether they are acceptable and/or are regarded as an improvement on existing national laws. This edited volume seeks to test the Principles in a range of legal systems, some already considered by the CEFL: France, Scandinavia, England, Scotland; some untested: Malta, Estonia, Lithuania and Turkey; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems. The final part of the volume is a comparative assessment of the findings, looking at the Principles first as harmonious ideals, and then as shortfalls in these ideals and at the obstacles to harmonisation
Law Clinics and the Clinical Law Movement in South Africa provides guidelines to assist clinicians and universities with the development of the clinical legal education curriculum, teaching methodology and the administration of a university-based law clinic. The manual was developed from contributions taken from papers and presentations given by clinicians attending workshops of the South African University Law Clinics Association (SAULCA). The book offers a wide range of guidance on many components of clinical legal education, including integrating clinical legal education with the requirements of higher education and the legal profession, setting goals and objectives for a clinical legal education programme, and an examination of the basic principles of teaching and learning as well as assessment. It also focuses on the different methods of teaching and learning, such as lecturing, supervision, legal research and mediation. The teaching portfolio covers in detail many subjects, including client communications, drafting and civil trial advocacy. The manual pays attention to the day-to-day administration of a university-based law clinic with practical support on financial and office management as well as accreditation. The unique feature of this manual is that the material covered in many sections offers practical advice and examples which will be of benefit to newly appointed law clinicians. The manual adheres to SAULCA's vision, mission and objectives, and in collaboration with its member university law clinics, SAULCA continues to investigate and explore new methods and processes which aim to improve clinical legal education and access to justice.
Relief Chief is Mark Lowcock's behind-the-scenes account of his experience as the world's most senior humanitarian official-the UN Relief Chief. In his four years on the job, Lowcock coordinated the work of UN agencies, the Red Cross, and countless national and international humanitarian groups to save lives and protect the most vulnerable. Appointed in 2017, Lowcock was witness to the biggest explosion in humanitarian need in modern history. Wars, droughts, floods, storms, earthquakes, volcanoes, and then the COVID-19 global pandemic put humanitarian agencies under unprecedented strain. Long-standing crises like those in Syria, Yemen, and the Sahel got worse. New ones arose, in Ethiopia, Mozambique, Venezuela, and elsewhere. Over his tenure, Lowcock raised record amounts of money to tackle these problems, but this was not enough to prevent humanitarian agencies from being overwhelmed by the emergencies they were asked to deal with, as Lowcock documents from a personal, inside perspective. Part memoir and part manifesto for reform, Relief Chief depicts the brutality, misery and inhumanity inflicted on innocent people in crises. Lowcock recounts what people he met in dozens of countries-especially women and children-shared with him about their plight and the help they needed. He warns that crises will continue to get worse without a renewed global effort to tackle their causes. But Relief Chief is also an uplifting story of lives saved and suffering reduced, and a detailed, practical agenda for solving crises faster and better in the future.
There is much controversy about the dangers of a free media when it
comes to children and adolescents. Many believe that this
constitutional right should be amended, altered, or revoked
entirely to prevent the young from being negatively influenced.
Graphic violence, sexual content, and the depiction of cigarette
smoking have all come under fire as being unacceptable in media
that is geared toward adolescents, from television and movies to
magazines and advertising. Yet not much has been written about the
developmental science behind these ideas, and what effects a free
media really has on adolescents.
The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court. Previously published as The Procedural Law of the European Union, this thoroughly revised work will continue to be the first port of call for legal practitioners and academics seeking guidance on the system of judicial protection in the EU.
Health Promotion in Midwifery explores the principles of health promotion within the practical context of midwifery. It clearly outlines and discusses the midwife's role in health promotion, making it essential reading for all student and practising midwives, as well as clinical practitioners. Emphasizing the link between theory and practice, the second edition incorporates chapters on domestic violence, sexual health, breastfeeding, and mental health promotion. Text boxes make the text accessible and user-friendly and case studies and summaries put the material in practical context. Additional readings encourage readers to further research and reflection on their own practice. Throughout the book, the importance of the role of the midwife in health promotion is emphasized. This second edition brings together contributions from a variety of experienced practitioners.
Equality is without any doubt one of the central principles of human rights law. Non-discrimination and equality feature prominently in most of the UN core human rights treaties. But do the human rights treaty bodies understand these principles by and large in a similar way? Do they recognize the same grounds of discrimination? Have largely similar obligations been derived from the principles of equality and non-discrimination? How is gender-based discrimination treated? These and many other questions are addressed in this work. For the first time, all UN Committees decisions on non-discrimination and equality general comments/recommendations, concluding comments/observations, as well as views/opinions in individual complaints procedures are comprehensively and comparatively reviewed. Each Committee is thoroughly examined. Also, convergence and divergence, communality and particularity among the Committees is scrutinized. This book may be useful for scholars and practioners who need detailed information on how non-discrimination and equality are interpreted by the UN human rights treaty bodies. Decision-makers in the current reform process of the UN human rights reporting procedure too may benefit from the insights gained in this book. Wouter Vandenhole holds an LL.M. in Law in Development from the University of Warwick (UK) and a PhD. from the K.U.Leuven (Belgium). He was a senior teaching assistant at the European Master s Degree in Human Rights and Democratisation (Venice, Italy), and a researcher at the Institute for Human Rights of the Law Faculty of the K.U.Leuven. He currently is a senior researcher at the Center for Transboundary Legal Development of Tilburg University (The Netherlands).
This practical book shares insights, smart strategies and tips to help you to market yourself and maximise your chances of career success. The book covers: - what marketing actually is - why you must put yourself in your clients' shoes - the importance of having a personal brand - how to make networking work for you - blocks lawyers have about marketing and how to overcome them - how to fit marketing into your hectic schedule - how LinkedIn can help you to create visibility online and build your reputation - how content marketing fits with your overall marketing strategy and plan. Written by an experienced mentor and coach with in-depth knowledge and experience of the legal profession, this book is an essential read for fast changing times with more competition.
How can it be, in a nation that elected Barack Obama, that one
third of African American males born in 2001 will spend time in a
state or federal prison, and that black men are seven times
likelier than white men to be in prison? Blacks are much more
likely than whites to be stopped by the police, arrested,
prosecuted, convicted, and imprisoned, and are much less likely to
have confidence in justice system officials, especially the police.
How is it that, half a century after Brown v. Board of Education,
educational opportunities remain so unequal for black and white
students, not to mention poor and wealthy ones?
Three years after its establishment the CEFL presents its first Principles of European Family Law in the field of divorce and maintenance between former spouses. The Principles aim to bestow the most suitable means for the harmonisation of family laws in Europe. In this respect they may serve as a frame of reference for national, European and international legislatures alike. The Principles could considerably facilitate their task not only by virtue of the fact that the CEFL's in-depth and comprehensive comparative research is easily accesible but also because most of the rules have been drafted in a way legislatures normally consider to be appropriate.
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