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Books > Law > Laws of other jurisdictions & general law
The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. This volume of the Elgar Encyclopedia of Environmental Law presents a structured overview and selective analysis of multilateral environmental agreements (MEAs). These agreements encompass the regulating aspects of the protection, conservation, management, use and exploitation of living and natural resources in various areas including biodiversity, fisheries, marine environment, shared freshwater resources, atmosphere, climate change, human rights, and polar regions. The expert contributions offer critical analysis and a concise but informative approach that provides a comprehensive introduction to each agreement as well as to the broader landscape of MEAs. The book guides the reader through the multifarious conventional regulation of each area of environmental protection, both at the global and regional levels. It details the path from the first post-war sectorial attempts at introducing international pieces of conventional environmental regulation to the booming of environmental instruments of the 1990s and the recent fertile period of new MEAs and their exponential growth. Each entry includes an overview of the topic, a concise review of current knowledge, new directions for cutting-edge research and a detailed bibliography to facilitate further reading. This comprehensive, topical and accessible volume is an essential resource for environmental law practitioners, students and scholars seeking a broad overview of MEAs, concise explanations of individual agreements, and avenues for research. Contributors include: R. Bates, L. Chiussi, C. Contartese, M.E. Desmond, A. Dizdarevic, G.M. Farnelli, E. Fasoli, M. Fitzmaurice, S. Goldberg, E.J. Goodwin, S. Gruber, C. Ibe, F.R. Jacur, K. Kakkaiyadi, E.A. Kirk, J.V. Kohler, I. Krasnova, V. Lanovoy, M. Lewis, P. Merkouris, G.A. Oanta, A. Papantoniou, N. Popattanachai, A. Powers, T.H. Reis, F. Seatzu, F. Sindico, K. Steenmans, A. Tanzi, A. Trouwborst, M.S. Wong, M. Yzquierdo, F. Zaharia
Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory. The Harmonisation of National Legal Systems gives an in-depth insight into the fundamental aspects of harmonisation, including the world of free trade, recognition of human rights and open socio-political systems. Two distinct models for the effective harmonisation of legal systems are explored: a general model and a specific model. The general model relates to minor formal changes introduced in the domestic sphere, while the specific model relates to significant and/or constitutional changes that would be necessitated in domestic law. These models allow for the effective implementation of harmonised legal norms in national spheres. The author examines comparative and socio-legal factors, identifies how the factors are modifiable and creates examples for the movement from theory to practice. Academics, researchers and advanced students of international, European and comparative law will find this an excellent point of reference due to the extensive exploration of the potential of harmonisation theory.
Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future. This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars. Contributors include: X. Arzoz, A. Beausejour, P. Hilpold, H. Hofmeister, E. Lopez-Jacoiste, R. Mullerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. Turp
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 book explains how the People of Puerto Rico managed to adopt a constitution whose content and process were both original and colonialist, participatory and undemocratic, as well as progressive and anticlimactic. It looks in detail at the rich contradictions of the Puerto Rican constitutional experience, focusing on the history and content of the 1952 Constitution. This constitution is the only constitutional document written by the Puerto Rican People themselves after more than 500 years of Spanish and US colonialism. By exploring Puerto Rico's unique history and constitutional experience the book shines a spotlight on key emerging themes of comparative constitutional studies in this area: state constitutionalism, the persistence of colonial relationships in the Caribbean, and the continued development of constitutionalism in Latin America. The book delves deep into the particular experience of Puerto Rican constitutionalism which combines elements of colonialism, democratic tensions, and progressive policies. It explains how these features converge in a constitutional project that has endured for 70 years and continues its contradictory development. It considers issues such as the island's colonial history, including its conflicting relationship with democratic values and the constant presence of social movements and their struggles. It also explores the content of the 1952 Constitution, focusing on its progressive substantive policy, particularly its rights provisions, its amendment procedures, and the governmental structure it set up.
In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Cafe de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge.The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource. Contributors include: E. Barham, D. Barjolle, L. Berard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M. Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martin, P. Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A. Taubman, L. Wiseman, H. Zheng
Title 21 presents regulations promulgated by the Food and Drug Administration, the Drug Enforcement Administration, and the Office of the National Drug Control Agency in the area of food and drugs. These regulations encompass food and drugs for human and animal use, biologics, cosmetics, medical devices, radiological health, and controlled substances. Additions and revisions to this section of the code are posted annually by April. Publication follows within six months.
Title 20 presents regulations promulgated by the Department of Labor, Railroad Retirement Board, and the Social Security Administration to govern employees' benefits. These include workers' compensation programs, employment and training, and veterans' services. Additions and revisions to this section of the code are posted annually by April. Publication follows within six months.
Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analyzing examples of self-regulation in the intellectual property law-based industries such as collective management of copyrights and patent rights, open source licenses, domain name law and enforcement of intellectual property rights, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process. It also considers its interaction with the framework conditions of the statutory law upon which it is built and the subsequent redefinition of legal positions for affected parties. With its original stance on understanding and construing intellectual property law, User Generated Law will appeal to students and scholars studying in this area as well as in legal governance and legal theory. Its evaluative approach also lends itself to policy makers and practitioners. Contributors include: O. Kokoulina, B. Lundqvist, M.J. Madison, T. Minssen, C.S. Petersen, T. Riis, O.-A. Rognstad, J. Schovsbo, S.F. Schwemer, H. Udsen, E. van Zimmeren
'Already an accomplished scholar Shen Wei offers a masterly study of the Chinese shadow banking sector in context. The book constitutes a thorough analysis of the nature of the Chinese shadow banking sector and of the political events, economic rationales and institutions that have shaped it. Beyond offering expert legal analysis this book is also very rich on information and research about the institutional and economic necessities that have shaped the Chinese financial system in its present form and gave rise to a mighty shadow banking sector. The book is very well organized and competently drafted, thus, it is easily accessible to both the expert and non-expert reader. I have no doubt that this is bound to become the standard reference work for everybody wishing to study the nature of the Chinese shadow banking sector and of the institutions underpinning it in context.' - Emilios Avgouleas, University of Edinburgh, UK 'Shadow Banking in China: Risk, Regulation and Policy by Professor Shen Wei is a timely book, presenting readers with a comprehensive and coherent conceptualization of shadow banking in China. It systematically defines shadow banking, describes how the different types of shadow banking subsectors -- including wealth management products, peer-to-peer lending, local government financing vehicles, and underground lending -- are growing, and examines how Chinese regulators are responding. It also explains the risk-taking, economics, and behavioral aspects of each of these subsectors, revealing the endogenous market forces driving their expansion and describing how shadow banking is innovatively helping to channel funding to the cash-starved private sector and real economy.' - from the Foreword by Steven L. Schwarcz, Duke University, School of Law In light of the current regulatory regime in China's banking sector, this book investigates the causes, key forms, potential risks and regulation of shadow banking in China. The first China-specific book of its kind, the author takes policy considerations into account whilst providing an analysis of the regulatory instruments tackling the systematic risks in its banking as well as shadow banking sectors. Key shadow banking subsectors discussed include P2P lending, wealth management products, local government debts, and the underground lending market. This book will be of interest to students and scholars in the legal field, as well as those from other disciplines including social science, business, and finance. It will also be of use to lawyers, policymakers and regulators looking for practical solutions in tackling the issues facing a rising shadow banking sector today.
Security sector reform (SSR) is central to the democratic transitions currently unfolding across the globe, as a diverse range of countries grapple with how to transform militias, tribal forces, and dominant military, police, and intelligence agencies into democratically controlled and accountable security services. SSR will be a key element in shifts from authoritarian to democratic rule for the foreseeable future, since abuse of the security sector is a central technique of autocratic government. This edited collection advances solutions through a selection of case studies from around the world that cover a wide range of contexts.
"How civil liberties triumphed over national insecurity" Between the two major red scares of the twentieth century, a police raid on a Communist Party bookstore in Oklahoma City marked an important lesson in the history of American freedom. In a raid on the Progressive Bookstore in 1940, local officials seized thousands of books and pamphlets and arrested twenty customers and proprietors. All were detained incommunicado and many were held for months on unreasonably high bail. Four were tried for violating Oklahoma's "criminal syndicalism" law, and their convictions and ten-year sentences caused a nationwide furor. After protests from labor unions, churches, publishers, academics, librarians, the American Civil Liberties Union, members of the literary world, and prominent individuals ranging from Woody Guthrie to Eleanor Roosevelt, the convictions were overturned on appeal. Shirley A. Wiegand and Wayne A. Wiegand share the compelling story of this important case for the first time. They reveal how state power--with support from local media and businesses--was used to trample individuals' civil rights during an era in which citizens were gripped by fear of foreign subversion. Richly detailed and colorfully told, "Books on Trial "is a sobering story of innocent people swept up in the hysteria of their times. It marks a fascinating and unnerving chapter in the history of Oklahoma and of the First Amendment. In today's climate of shadowy foreign threats--also full of unease about the way government curtails freedom in the name of protecting its citizens--the past speaks to the present.
This volume thoroughly covers and systematically displays the three main areas of intellectual property law - patents, trade marks and copyright - without leaving other rights of the intellectual property family aside, as it also explores geographical indications, industrial designs, trade secrets and databases. The book offers a full and complete picture of European intellectual property law, discussing the treatment of intrinsic issues on harmonization, transborder disputes, collectiveness and individualization in the different fields of intellectual property law. With an original introduction by the editor, this book has been carefully designed to offer law students as well as practitioners a valuable instrument to understand contemporary intellectual property law within the EU.
This timely book is an investigation of the highly debated questions: do coroners' recommendations save lives and how often are they implemented? It is the first socio-legal investigation of coroners' recommendations from several countries. Based on an extensive study, it analyses Coroner's Court findings and litigation from Canada, England, Ireland, Australia and Scotland as well as over 2000 New Zealand coroners' recommendations and includes more than 100 interviews and over 40 surveys. The book probes coroners', organisations' and families' experiences of the Coroner's Court in detail and includes substantial quotations from, and discussion of, their experiences. The data analyzed demonstrates that while coronial recommendations can be useful tools for intervention and policy development, coroners' contribution to morbidity and mortality prevention at the population level requires further development. In addition to coroners, lawyers, health practitioners, families, organisations and policy makers, researchers from Law, Medicine and the Social Sciences will find this pioneering volume an important and illuminating resource. Contents: 1. Learning From Death 2. Coronial Jurisdictions 3. Coroners' Recommendations 4. Do Coroners' Recommendations ''Disappear Into A Black Hole?'' 5. The Promise Of Saved Lives: Coroners' Preventive Function 6. Mandatory Responses To Coroners' Recommendations 7. Dying For Change Index |
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