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Books > Law > Laws of other jurisdictions & general law > Social law
tells the stories, some for the first time, of eleven individuals who made heroic contributions to protecting our planet through groundbreaking international treaties investigates who was involved, how different personalities impacted the negotiations, what the state of play was and highlights the pivotal make or break moments the range of heroic individuals examined includes Luc Hoffmann, Mostafa Tolba, Maria Luiza Ribeiro Viotti, Raul Oyuela Estrada, Barack Obama and Paula Caballero presents uplifting and gripping narrative an invaluable resource for students, scholars, activists and professionals who are seeking to understand how consensus is reached in these global meetings and how individuals can have a genuine impact on preserving our planet and reinforcing the positive message that global cooperation can actually work
This book draws on the experiences of the indigenous movement in Myanmar to explore how the local construction of indigenous identities connects communities to global mechanisms for addressing human rights and environmental issues. Various communities in Myanmar have increasingly adapted international discourses of indigenous identity as a vehicle to access international legal mechanisms to address their human rights and environmental grievances against the Myanmar state. Such exercise of global discourses overlays historical endemic struggles of diverse peoples involving intersectional issues of self- determination, cultural survival, and control over natural resources. This book draws implications for the intersectionality of local and global theoretical discourses of indigeneity, human rights, and environment. It uses such implications to identify attendant issues for the aspirations of international human rights and environmental efforts and the practice of their associated international legal mechanisms. This book informs readers of the agency and capabilities of communities in underdeveloped countries to engage different global mechanisms to address local grievances against their states. Readers will develop a more critical understanding of the issues posed by the local construction of indigeneity for the ideals and practice of international efforts regarding human rights and the environment. This book will be of great interest to students and scholars of indigenous studies, human rights, international law, Asian studies, development studies, and the environment.
This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes and to improve compliance with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era.
Based on the first edition with extensive analysis of practical applications of environmental risk management and compliance management systems, this second edition of International Environmental Risk Management reflects updates made in the understanding and application of risk management best practices and makes available a frame of reference and systematic approach to environmental and social governance (ESG). It provides a pathway for readers to implement environmental management strategies that can be integrated with core operations and other risk management efforts, including supporting sustainability and corporate social responsibility initiatives associated with climate change, the circular economy or supply chain conditions, as well as enterprise risk management; anti-bribery, and other compliance management systems. This book provides in-depth discussions of ways to use global environmental management standards. New features in this edition: Combines EMS standards with discussion of specific principles, other authors' research, and guidelines on management practices. Provides guidelines on how to prepare for, anticipate, and resolve environmental issues. Includes easily understandable information for all readers and is not simply aimed toward individuals who are knowledgeable about this topic. Provides in-depth discussions on using global environmental management standards to manage risk and promote resilience, as well as legal strategies and voluntary initiatives that companies can utilize to minimize risk. Accounts for the substantive revisions in ISO 14001:2015. As a growing and rapidly changing field, it is necessary to address new issues, guidelines, and regulations to assist businesses, academia, students, consultants, lawyers, and environmental managers with a pragmatic resolution to environmental risk management issues. This second edition gives a broad and detailed analysis of the changes made to international standards and practices and serves as an excellent guide to managing environmental risk.
1. This book has a market across criminology and criminal justice, sociology and law. 2. While there is a healthy market for books on the death penalty, there is a gap for a book that offers a rigorous theoretical approach to making sense of the data. 3. While many studies have focused specifically on racial bias, this book considers a range of social characteristics and their impact on sentencing, including class, moral reputation and organizational status.
This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.
This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as physical, mechanical and chemical restraint. They also explore the importance of factors such as organisational culture and staff training to the effective implementation of regulatory regimes. In doing so, the collection provides a solid evidence base for both the development and implementation of effective approaches to restrictive practices that focus on their reduction and, ultimately, their elimination across health care sectors. Divided into five parts, the volume covers new ground in multiple respects. First, it addresses the use of restrictive practices across mental health, disability and aged care settings, creating opportunities for new insights and interdisciplinary conversations across traditionally siloed sectors. Second, it includes contributions from research academics, clinicians, regulators and mental health consumers, offering a rich and comprehensive picture of existing regulatory regimes and options for designing and implementing regulatory approaches that address the failings of current systems. Finally, it incorporates comparative perspectives from Australia, New Zealand, the Netherlands, Germany and England. The book is an invaluable resource for regulators, policymakers, lawyers, clinicians, consumer advocates and academics grappling with the use and regulation of restrictive practices in mental health, disability and aged care contexts.
In How Machines Came to Speak Jennifer Petersen constructs a genealogy of how legal conceptions of "speech" have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies-such as phonographs, radio, film, and computer code-were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens.
1. There have been very few research projects on victims of terrorism, so this book helps reset this balance. 2. Furthermore, this book engages with the philosophical and psychological literature on resilience and trauma, giving it a wider market.
As the #MeToo movement has become an increasingly global and significant workplace matter, a timely resource compiling must-know international workplace sexual harassment laws for the multinational employer is clearly needed. This book provides a comprehensive compilation of global sexual harassment laws, clearly necessary in this climate but not currently existing until now. It presents legislation addressing workplace sexual harassment in over 50 countries in the European Region, Asia Pacific, Americas, and the Middle East and Africa. Within each region, the laws of individual countries are set forth, as well as some cultural context and recent developments to indicate present and future trends in workplace sexual harassment regulation. Written in clear, plain English for anyone without a legal background to understand, this book is essential reading and a key resource for employment and business attorneys, global employers, managers, human resources professionals, and occupational health and safety professionals. Academics, practitioners, union members, employees, NGOs, and those in the human rights field will also benefit from this timely resource.
This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums - including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders' rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.
Public procurement affects a substantial share of world trade flows, amounting to 1000 billion euros per year. In the EU, the public purchase of works, goods and services has been estimated to account on average for 16 percent of GDP. The novelty of this book is that it focuses on the new European Union Directives approved in 2014 by the EU Parliament. The book consists of original contributions related to four specific themes of interest to the procurers' day-to-day role in modern public purchasing organizations - both economists and lawyers - allowing for relevant exchanges of views and "real time" interaction. The four sections which characterize the book are Life-cycle Costing in Public Procurement; Calculating Costs and Savings of Public Procurement; Corruption and Probity in Public Procurement and Public Procurement and International Trade Agreements: CETA, TTIP and beyond. These themes have been chosen for their current relevance in relation to the new European Public Procurement Directives and beyond. The original format features, as is the case with the first three volumes, an introductory exchange between leading academics and practitioners, from differing disciplines. It offers a series of sequential interactions between economists, lawyers and technical experts who supplement one another, so as to enrich the liveliness of the debate and improve the mutual understanding between the various professions. This essential guide will be of interest to policymakers, academics, students and researchers, as well as practitioners working in the field of EU public procurement.
Bringing a unique perspective to the burgeoning ethical and legal issues surrounding the presence of artificial intelligence in our daily lives, the book uses theory and practice on animal rights and the rights of nature to assess the status of robots. Through extensive philosophical and legal analyses, the book explores how rights can be applied to nonhuman entities. This task is completed by developing a framework useful for determining the kinds of personhood for which a nonhuman entity might be eligible, and a critical environmental ethic that extends moral and legal consideration to nonhumans. The framework and ethic are then applied to two hypothetical situations involving real-world technology-animal-like robot companions and humanoid sex robots. Additionally, the book approaches the subject from multiple perspectives, providing a comparative study of legal cases on animal rights and the rights of nature from around the world and insights from structured interviews with leading experts in the field of robotics. Ending with a call to rethink the concept of rights in the Anthropocene, suggestions for further research are made. An essential read for scholars and students interested in robot, animal and environmental law, as well as those interested in technology more generally, the book is a ground-breaking study of an increasingly relevant topic, as robots become ubiquitous in modern society. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Homicide: Towards a Deeper Understanding offers an in-depth analysis into the phenomenon of homicide, examining different types of homicide and how these types have changed over time. Based on original analysis on Scottish data, this book draws upon an international body of research to contextualize the findings in a global setting, filling an important gap in the homicide literature pertaining to the relationship between trends in homicide and violence. Examining homicide from gendered as well as Gothic perspectives, this book also relates homicide to novel, critical theory. The book covers a thorough description of different types of homicide, including sexual homicide, and provides an explorative approach to the identification of homicide subtypes. The book also explores how these findings relate to current homicide theory, and proposes a new theoretical framework to gain a deeper understanding of this crime. The main argument of the book is that if homicide and its relationship to wider violence is to be fully understood, theoretically as well as empirically, this crime needs to be disaggregated in a way that reflects the underlying data. Overall, this book therefore fills an important gap in criminological literature, providing an in-depth understanding of one of the most serious violent crimes.
This publication is an introduction to the protection of historic properties by public agencies in three very different legal systems - the United States, the United Kingdom and Spain. It also lays out the international legal framework actually in place to protect historic heritage. The book outlines historical trends in each legal tradition, and examines in detail current law, using a multitude of examples of how historic buildings and heritage sites are protected in each country. The publication examines statutes and legal techniques designed integrally to protect cultural heritage as well as environmental statutes that effect historic properties tangentially, especially Environmental Impact Laws. Extensive use is made of case law to clarify how the law can be used to protect historic properties. The publication also deals with the use of financial incentives in the protection of historic properties.While the publication is intended to cover legal mechanisms established to conserve all types of historic building, it pays special attention to the protection given to industrial heritage, giving examples of cases where a particular legal technique has been used to protect industrial buildings, and, for example, in the case of the Sagunto Steel Works, how some industrial sites worthy of protection illustrate difficulties in protecting industrial properties under current national laws protecting historic properties.
Providing a thorough, well-researched investigation of the socio-legal issues surrounding medically assisted death for the past century, this book traces the origins of the controversy and discusses the future of policymaking in this arena domestically and abroad. Should terminally ill adults be allowed to kill themselves with their physician's assistance? While a few American states-as well as Holland, Switzerland, Belgium, and Luxembourg-have answered "yes," in the vast majority of the United States, assisted death remains illegal. This book provides a historical and comparative perspective that not only frames contemporary debates about assisted death and deepens readers' understanding of the issues at stake, but also enables realistic predictions for the likelihood of the future diffusion of legalization to more countries or states-the consequences of which are vast. Spanning a period from 1906 to the present day, Dying with Dignity: A Legal Approach to Assisted Death examines how and why pleas for legalization of "euthanasia" made at the beginning of the 20th century were transmuted into the physician-assisted suicide laws in existence today, in the United States as well as around the world. After an introductory section that discusses the phenomenon of "medicalization" of death, author Giza Lopes, PhD, covers the history of the legal development of "aid-in-dying" in the United States, focusing on case studies from the late 1900s to today, then addresses assisted death in select European nations. The concluding section discusses what the past legal developments and decisions could portend for the future of assisted death. Provides comprehensive, well-researched, and accessible information on a timely and controversial topic Presents a socio-legal explanation rather than a simple description of the emergence and evolution of the legal concepts involved with medically assisted death Offers invaluable historical perspective for academics in the fields of sociology, criminal justice, law, and related disciplines as well as practitioners who deal with end-of-life decision-making and lay readers
This study argues that the decriminalization of sex work in China can contribute to HIV prevention and human rights protection. The argument is supported by six key concepts: the universality of human rights, rights-based approaches to HIV, sex work as work, risk environment for HIV transmission, decriminalization of sex work as a preferred model for HIV prevention, and rights-based responses to HIV and sex work. Three research methods are used, including research methods from law, social science, and public health. Recommendations are provided to reform Chinese law and HIV policy.
Offering insights based on years of original research, Redefining Murder, Transforming Emotion: An Exploration of Forgiveness after Loss Due to Homicide investigates the ideas and experiences of individuals who have lost loved ones to homicide (co-victims) in order to advance our understanding of the emotional transformation of forgiveness. It stands at the crux of two vibrant, growing fields: criminal victimology and the sociology of emotion. Analysis of 36 intensive interviews with co-victims and three years of participant observation of self-help groups and other victim-centered events offers a multidimensional understanding of forgiveness. Specifically, this book answers the questions of "What?," "When?," "How?," and "Why?" forgiveness occurs by exploring co-victims' ideas about forgiveness, the differential experiences of various groups of people, the processes through which forgiveness occurs in a variety of extreme circumstances of homicide, and co-victims' motivations toward forgiveness. The book concludes with commentary on overarching conclusions based on this work; theoretical and practical implications; suggestions for directions for future inquiry; and an in-depth account of the methodological strategies employed to gather such rich and nuanced data. This book will appeal to academics and students alike, within relevant fields, including sociology, criminology, restorative justice, victim services, psychology, and social welfare, as well as individuals seeking a better understanding of their own experiences, including co-victims or others whose lives have been altered by extreme forms of violence and upheaval. Its detailed postscript will also serve well those interested in qualitative methodology in social science research.
This book focuses on a border police collaboration project in the Baltic Sea area aiming at fighting cross-border crimes. It deals with the challenges that inherently "suspicious" organizations face when forced to work together. The study offers unique insights into a European border police project, giving the reader a behind the scenes account of how cross-border policing and organized crime in Europe is prevented and solved. Through detailed ethnographic descriptions, the book describes how a trust-based relationship, which is necessary for the exchange of sensitive intelligence information, gradually developed by the participants in and through their joint efforts to protect Europe from external threats and by performing everyday work together. The study presented in this book is of interest to scholars as well as practitioners concerned with migration management, border policing, intelligence analysis, police culture, and the changing nature of policing in an increasingly global and interconnected world. The book includes various sociological features, such as emotion management, emotional labor, hegemonic masculinity, and takes an interactionist perspective on informal interactions such as joking, bantering, and telling stories. It is also of interest to readers engaged in various forms of intra-, inter-organizational, and inter-cultural collaborations.
The notion of human dignity is frequently, yet enigmatically, invoked in legal and political debates on sex work, where many people use it without much elaboration on exactly what they mean by it. Sex Work and Human Dignity: Law, Politics and Discourse sheds light on this enigma, by exploring how dignity-based discourses are used by those who write and talk about prostitution and also what role these discourses may play in shaping wider cultural understandings of sex work and sex workers. The book draws on political discourse theory and is international in its scope, with analysis of legal cases, textual sources, and empirical data gathered through interviews with activists from several different countries in the Global North and South. The book traces how the concept of dignity is used in a range of legal and political discourses on sex work and ultimately asks to what extent dignity-based discourses help to advance, or hinder, sex workers' social inclusion. This book will appeal to students and researchers interested in sex work and feminism, as well as those who study human dignity. Its interdisciplinary nature means it will appeal to those working in a range of disciplines, including law, sociology, philosophy, and political theory.
This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not - and, indeed, should not - control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.
This book examines whether a global consensus is emerging on climate change and human mobility and presents evidence of a slow-moving but dynamic, step-by-step process of international policy development on climate-related mobility. Naser reviews the range of solutions offered to address climate-related mobility problems, such as extending the 1951 UN Refugee Convention, adopting an additional protocol to the UNFCCC or creating a new international treaty to support those facing climate-related migration and displacement problems. He examines the accumulating stock of international policies and initiatives relevant to climate-related mobility using a framework of six policy areas: human rights, refugees, climate change, disaster risk reduction, migration,and sustainable development. He uses this framework to define and summarise the main UN actions and milestones on climate-related mobility. Despite the difficult context affecting the global community of worsening climate change impacts and human rights under threat, Naser asserts that the foundations of global consensus on climate-related mobility have been built, particularly in the last decade. This book will be of great relevance to students, scholars and policy-makers with an interest in the increasing interface between climate change and human mobility policy issues.
* Specifically aimed at US courses in International Law, this text is authoritative, comprehensive, and distinctively readable. * Emphasizes the structure and process of the international legal system in a unique chapter on this subject as well as throughout the text-important for US students. * Covers key cases and treaties in well-structured feature boxes outlining the Facts, Issues, Decisions, and Reasoning for each case. * Completely up-to-date and streamlined in light of reviews and recent developments in international law including new material on "shark poaching," Space X, cyber-attacks, Belarus, and refugee crises from Ethiopia to Syria, among others. * Reinstates popular chapter on International Economic Law from earlier editions, updated and expanded. * Renews an online resource for students and professors, responding to reviewers.
In today's society, the public perception of crime has been skewed by how the media depicts it. People use the media for enjoyment, companionship, surveillance, and interpretation. The problem is that it becomes hard to separate fact from entertainment. This raises several questions. How are we consuming media? Are we consuming reality within the news? And are we consuming harmless pleasure from entertainment media? In Crime, Media, and Reality: Examining Mixed Messages about Crime and Justice in Popular Media, Venessa Garcia and Samantha Garcia Arkerson focus predominantly on the social constructions of crime and justice and how we absorb them. They look at the influence of crime news and true crime television series that prevent the public from understanding pure entertainment from the realities of crime and justice. They bring to light the social science knowledge missed by media "infotainment," which has blurred the line between information and entertainment. Throughout, all different forms of media are discussed, news media, crime dramas and true crime television series. In doing so, they keep all of its fascinating coverage while uncovering the reality of crime and justice. This book adds significant information to the constructs held by the general public by placing media depictions into historical, legal, and social context.
Food Security Governance in the Arctic-Barents Region provides a multidisciplinary perspective on the major food security and safety challenges faced in the Arctic region. The authors address existing gaps in current knowledge of the coordination and implementation of legal framework and policy that affects the Arctic. The volume is unique in its focus on the Barents region, an area of northern Europe containing Norway, Sweden, Finland and Russia. The region has a population of approximately 5.2 million, including indigenous and non-indigenous peoples. The authors offer a balanced and systemic review of the role of traditional foods in this region, along with an overview of the regulatory tools and institutions that govern food security. Food security and safety in the -Arctic-Barents region is connected to and impacted by transformations from both inside and outside the area. Climate change, globalization and human activities affect the availability, accessibility, and affordability of food. The result of these transformations has an impact on the food security and safety for both indigenous and non-indigenous individuals and communities. The authors, by highlighting these challenges, reveal the importance of having harmonized policies and legal tools in place in order to strengthen food security and safety in the Barents region. The book forms part of the main outcome of the Academy of Finland's ongoing project on Human Security as a promotional tool for societal security in the Arctic: Addressing Multiple Vulnerability to its Population with Specific Reference to the Barents Region (HuSArctic). Researchers, policy makers, and other stakeholders will find the book to be an important contribution to the promotion of policies and strategies on food security. |
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