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Books > Law > Laws of other jurisdictions & general law
The core idea underlying human rights is that everyone is
inherently and equally worthy of respect as a person. The emergence
of that idea has been one of the most significant international
developments since the Second World War. But it is one thing to
embrace something as an aspirational ideal and quite another to
recognize it as enforceable law. The continued development of the
international human rights regime brings a pressing question to the
fore: What role should international human rights have as law
within the American legal system? The U.S. Supreme Court and the
Domestic Force of International Human Rights Law examines this
question through the prism of the U.S. Supreme Court's handling of
controversies bearing most closely on it. It shows that the
specific disputes the Court has addressed can be best understood by
recognizing how each interconnects with an overarching debate over
the proper role to be accorded international human rights law
within American institutions. By approaching the subject from the
justices' standpoint, this book reveals a divide in the Court
between two fundamentally different orientations toward the
domestic impact of the international human rights regime.
Ever since its inception, one of the essential tasks of the EU has
been to establish the internal market. Despite the impressive body
of case law and legislation regarding the internal market, legal
and factual barriers still exist for citizens seeking to exercise
their full rights under EU law. This book analyses these barriers
and proposes ways in which they may be overcome. Next to analysing
the key barriers to exercising economic rights more generally, this
book focuses on three areas which represent the applications of the
four basic freedoms: consumer rights, the rights of professionals
in gaining access to the market, and intellectual property rights
in the Digital Single Market. With chapters from leading
researchers, the main pathways towards the reduction and removal of
these barriers are considered. Taking into account important
factors including the global financial crisis, as well as practical
barriers, such as multilingualism, the solutions provided in this
book present a pathway to enhance cross-border realization of
European citizens? access to their economic rights, as well as
increasing in the cultural richness of the EU. EU Citizens?
Economic Rights in Action is an important book, which will be an
essential resource for students of EU citizenship and economics, as
well as for EU policymakers and practitioners interested in the
field.
Contract law is increasingly used to serve regulatory purposes
considered beyond the reach of private law. This Handbook explores
a range of modern practices that are not typically treated in
standard expositions of this area. By exploring these phenomena, it
reveals the changing role of regulatory private law in a globalised
legal world - one where distinctions between public and private
law, hard law and soft law, and rule making and contracting have
become increasingly blurred. Contributors explore key examples
drawing on an extensive range of private law. The book pays close
attention to the use of codes of conduct to coordinate and steer
behaviour in business-to-business and business-to-consumer
relationships, concerning health and safety, environment, and
employment conditions. It also examines the formation of
contractual `networks', such as franchises, to regulate multi-party
trade relationships, and the application of contracts and contract
law to secure business and consumer compliance with public
standards. With its global reach and detailed research, this
Handbook will appeal to academics exploring the potential of new
law making methods and practitioners looking to gain insight into
emerging approaches to private law. Contributors include: A.
Beckers, R. Brownsword, R.R. Condon, D. Leczykiewicz, M. Mataija,
M.-C. Menting, H.-W. Micklitz, C. Mitchell, M. Namyslowska, E.T.T.
Tai, R. van Gestel, P. Verbruggen
Data not only represent an integral part of the identity of a
person, they also represent, together with other essentials, an
integral part of the identity of a state. Keeping control over such
data is equally important for both an individual and for a state to
retain their sovereign existence. This thought-provoking book
elaborates on the assumption that information privacy is, in its
essence, comparable to information sovereignty. This seemingly
rudimentary observation serves as the basis for an analysis of
various information instruments in domestic and international law.
Information Sovereignty combines a philosophical and methodological
analysis of the phenomena of information, sovereignty and privacy.
Providing insights into previously unexplored parallels between
information privacy and information sovereignty, it examines
cross-border discovery, cybersecurity and cyber-defence operations,
and legal regimes for cross-border data transfers, encompassing
practical discussions from a fresh perspective. In addition, it
offers an accessible overview of complex theoretical matters in the
domain of Internet legal theory and international law and,
crucially, a method to resolve situations where informational
domains of individuals and/or states collide. This pioneering
state-of the-art assessment of information law and legal theory is
a vital resource for students, academics, policy-makers and
practitioners alike, seeking a guide to the phenomena of
information, sovereignty and privacy.
This book focuses on the building of a crypto economy as an
alternative economic space and discusses how the crypto economy
should be governed. The crypto economy is examined in its
productive and financialised aspects, in order to distil the need
for governance in this economic space. The author argues that it is
imperative for regulatory policy to develop the economic governance
of the blockchain-based business model, in order to facilitate
economic mobilisation and wealth creation. The regulatory framework
should cater for a new and unique enterprise organisational law and
the fund-raising and financing of blockchain-based development
projects. Such a regulatory framework is crucially enabling in
nature and consistent with the tenets of regulatory capitalism.
Further, the book acknowledges the rising importance of private
monetary orders in the crypto economy and native payment systems
that do not rely on conventional institutions for value transfer. A
regulatory blueprint is proposed for governing such monetary orders
as 'commons' governance. The rise of Decentralised Finance and
other financial innovations in the crypto economy are also
discussed, and the book suggests a framework for regulatory
consideration in this dynamic landscape in order to meet a balance
of public interest objectives and private interests. By setting out
a reform agenda in relation to economic and financial governance in
the crypto economy, this forward-looking work argues for the
extension of 'regulatory capitalism' to this perceived 'wild west'
of an alternative economic space. It advances the message that an
innovative regulatory agenda is needed to account for the
economically disruptive and technologically transformative
developments brought about by the crypto economy.
Title 40 presents regulations governing care of the environment
from the 14 subchapters of Chapter I and from the provisions
regarding the Council on Environmental Quality found in Chapter V.
Programs addressing air, water, pesticides, radiation protection,
and noise abatement are included. Practices for waste and toxic
materials disposal and clean-up are also prescribed. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
The music business is a multifaceted, transnational industry that
operates within complex and rapidly changing political, economic,
cultural and technological contexts. The mode and manner of how
music is created, obtained, consumed and exploited is evolving
rapidly. It is based on relationships that can be both
complimentary and at times confrontational, and around roles that
interact, overlap and sometimes merge, reflecting the competing and
coinciding interests of creative artists and music industry
professionals. It falls to music law and legal practice to provide
the underpinning framework to enable these complex relationships to
flourish, to provide a means to resolve disputes, and to facilitate
commerce in a challenging and dynamic business environment. The
Present and Future of Music Law presents thirteen case studies
written by experts in their fields, examining a range of key topics
at the points where music law and the post-digital music industry
intersect, offering a timely exploration of the current landscape
and insights into the future shape of the interface between music
business and music law.
Title 40 presents regulations governing care of the environment
from the 14 subchapters of Chapter I and from the provisions
regarding the Council on Environmental Quality found in Chapter V.
Programs addressing air, water, pesticides, radiation protection,
and noise abatement are included. Practices for waste and toxic
materials disposal and clean-up are also prescribed. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
Title 22 presents regulations governing the Department of State,
the International Development Cooperation Agency, the Peace Corps,
and other federal agencies regarding foreign relations. It includes
regulations pertaining to Foreign Service personnel, visas,
nationality and passports, diplomatic privileges and immunities,
and international agreements. Additions and revisions to this
section of the code are posted annually by April. Publication
follows within six months.
Haiti is the first, and only, modern nation-state to be created as
the result of a successful slave revolution. However, since its
emancipation, the Haitian state has been forced to pay Western
states compensation for the loss of the enslaved people, contended
with a chronically unstable and authoritarian state system, and has
been ranked as the poorest economy in the Western hemisphere. Black
Interdictions exposes the antiblack racism latent in the US
government's Haitian refugee policies of the 1980s and 1990s that
set the tone for the criminalization of migrants and refugees in
the new millennium and lead to the migration and refugee policies
of the Trump era. Within this experience of controlled mobility
many Haitians find themselves in a devastating catch-22, unable to
survive in their home nation and unable to find a better way of
life elsewhere due to border enforcement strategies, strict
immigration policies, and unprecedented measures to prevent asylum
claims. This type of radical exclusion is singular to the black
experience and the black/nonblack binary must be factored into an
analysis of the US migration regime. It shows how techniques of
control applied to black populations, whether free or slave,
migrant, or native-born, have been precursors for policies and
practices applied to nonblack migrants and refugees. It is not
possible to work together for equity and justice if we are not
prepared to grapple with this divisive history and the instinct to
avoid dealing with the singularity of the black experience
participates in the orders of knowledge and power that have been
fostered by antiblack racism. This book will be of interest to
scholars of migration and refugee studies, black studies, legal
studies, public policy and international relations, and many
others.
Title 40 presents regulations governing care of the environment
from the 14 subchapters of Chapter I and from the provisions
regarding the Council on Environmental Quality found in Chapter V.
Programs addressing air, water, pesticides, radiation protection,
and noise abatement are included. Practices for waste and toxic
materials disposal and clean-up are also prescribed. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
This work provides important insights into how judges and
arbitrators resolve complex commercial disputes in both national
and international settings. The analysis is built from three major
research sources which ensures that the analysis can bridge
evidence of perception, behaviours, and outcomes amongst judges and
arbitrators. A statistical survey provides a benchmark and point of
comparison with the subjective statements arising from an extensive
programme of interviews and questionnaires to provide an objective
lens on the reasoning process that informs decisions and awards in
practice. The outcome, presented in Legal Reasoning across
Commercial Disputes, is an evidence-based model of the determining
factors in legal reasoning by identifying and quantifying
approximately seventy-five objective markers for which data can be
compared across the arbitral-judicial, domestic-international, and
common law-civil law divides. The methodology provides for a
thorough and contextual assessment of legal reasoning by judges and
arbitrators in commercial disputes. Legal Reasoning across
Commercial Disputes investigates the level of sophistication and
complexity associated with commercial arbitration relative to
commercial litigation through domestic courts. The study not only
helps parties make more informed choices about where and how to
resolve their legal disputes, it also assists judges and
arbitrators in carrying out their duties by improving counsel's
understanding about how to best to craft and present legal
arguments and submissions. The study also addresses longstanding
theoretical concerns about the legitimacy of national and
international commercial arbitration by replacing assumptions and
anecdotes with objective data. The final part of the book draws
together the various strands of analysis and concludes with a
number of forward-looking proposals about how a deeper
understanding of legal and judicial reasoning can be established to
improve the quality of decisions and outcomes for all parties.
Tenancy law has developed in all EU member states for decades, or
even centuries, but constitutes a widely blank space in comparative
and European law. This book fills an important gap in the
literature by considering the diverse and complex panorama of
housing policies, markets and their legal regulation across Europe.
Expert contributors argue that while unification is neither
politically desired nor opportune, a European recommendation of
best practices including draft rules and default contracts
implementing a regulatory equilibrium would be a rewarding step
forward. Despite the lack of EU legislation, policies and
legislation in areas ranging from anti-poverty, energy, and tax to
consumer law and human rights have generated important, though
largely unnoticed, collateral effects on the field. This book opens
by presenting a representative picture of the social, economic and
legal embeddedness of this sector in Western, Central and Eastern
Europe. Contributions then deal more narrowly with the legal
regulation of different jurisdictions? tenancy contracts. Tenancy
Law and Housing Policy in Europe makes a significant contribution
to our understanding of issues in tenancy and housing that will be
welcomed by academics and advanced students in law across Europe.
Contributors include: S.N. Aznar, E. Bargelli, R. Bianchi, M.
Drofenik, M.O. Garcia, M. Habdas, M.E.A. Haffner, J. Hegedus, V.
Horvath, A. Hussar, M. Jordan, J. Juul-Sandberg, A. Klopp, I. Kull,
S. Meznar, H.S. Moreno, P. Norberg, G. Panek, E.M. Roig, C.U.
Schmid, K. Xerri
Title 25 presents regulations relating to Native Americans
administered by the U.S. Department of the Interior in the areas of
human services, education, tribal government, finance, land and
water, energy and minerals, fish and wildlife, housing, heritage
preservation, Indian arts and crafts, gaming, and relocation.
Additions and revisions to this section of the code are posted
annually by April. Publication follows within six months.
Title 40 presents regulations governing care of the environment
from the 14 subchapters of Chapter I and from the provisions
regarding the Council on Environmental Quality found in Chapter V.
Programs addressing air, water, pesticides, radiation protection,
and noise abatement are included. Practices for waste and toxic
materials disposal and clean-up are also prescribed. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
European Union citizenship is increasingly relevant in the context
of both the refugee crisis and Brexit, yet the issue of citizenship
is neither new nor unique to the EU. Using historical, political
and sociological perspectives, the authors explore varied
experiences of combining multiple identities into a single sense of
citizenship. Cases are taken from Canada, Croatia, Czechia,
Estonia, Spain, Switzerland and Turkey to assess the various
experiences of communities being incorporated into one entity. The
studies show that the EU has a comparatively large degree of
diversity and complexity, with levels of integration achieved in a
relatively short timeframe. Advisory models based on Canada and
Switzerland allow for the EU integration processes to continue
while protecting diversity and upholding common institutions.
Citizenship in Segmented Societies will appeal to academics and
students in the field of European and federalist studies with a
focus on multiculturalism and linguistic pluralism, minority
rights, and citizenship issues. It will also be of interest to
those with a particular interest in historical and comparative
analysis of the EU. Contributors include: A.C. Bianculli, F.
Cheneval, C. Erdogan, M. Ferrin, V. Hlousek, J. Jordana, S. Lopez,
M. Sanjaume-Calvet, G. Tavits, H. Yilmaz, C.I. Velasco Rico
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