The 18 essays in this volume concentrate on the issues surrounding workers' participation, the area of industrial relations uppermost in Marco Biagi's thinking at the time of his assassination in March 2002. The trend toward ever greater employee involvement in managerial decision-making has been growing in Europe for over a decade, to a significant extent as a result of Biagi's work. From the start, he clearly discerned that the key to quality of work was worker participation. This book stands not merely as a homage, but as evidence that Biagi's assassination will not affect the progress he was making. In what amounts to an integrated series of recommendations for further European legislation on workers' participation in industrial relations, the authors analyse and evaluate the following: experience gained from implementation of the European Works Council Directive and the European Company Statute Directive; implications of the new Directive on Information/Consultation in National Undertakings and of the European Forum on the Financial Participation of Workers; and experience in a variety of national contexts, including those of Japan, Italy, France, Belgium, the United Kingdom, Germany, Russia, Poland and Slovenia. In the final analysis, employee involvement - when it is a genuine commitment on the part of all stakeholders - is seen as a sharing of cultural values that successfully reconciles efficiency and social justice. Those who believe this is a goal worth achieving, for reasons both economic and social, will recognize in this book a valuable contribution.

This book investigates the existing and possible links between the concept of a Carbon Club and the Paris Agreement. In doing so the book defines those criteria that may lead to an effective establishment of a Carbon Club acting within the mandate of the Paris Agreement and identifies the key questions that such an option may help to tackle: Which low-carbon pathways are compatible with the new temperature targets set by the Paris Agreement? Can new entities like the Carbon Club have a decisive role in guaranteeing the alignment of the aggregate mitigating actions with the global objectives identified within the Paris Agreement? What role will be played by market and non-market approaches within the proposed framework? How can economic, social, and environmental sustainability be ensured during the implementation of the Agreement? How can justice and equity be encouraged between the Parties and all the involved actors as required by the Agreement? Which instruments can be designed and adopted to provide the expected degree of transparency for the new system? To respond to these questions the book adopts a holistic approach, able to emphasize the strong interrelations. The book discusses the opportunity to develop a Carbon Club within the Article 6 framework, and provides a feasible roadmap for its means of implementation, rules and governance structure. The final result is a feasible policy proposal that takes into account all the key issues introduced by the questions, and draws a roadmap towards a 'low-carbon Bretton Woods'.

Asbestos was once known as the 'magic mineral' because of its ability to withstand flames. Yet since the 1960s, it has become a notorious and feared 'killer dust' that is responsible for thousands of deaths and an epidemic that will continue into the millenium. This is the first comprehensive history of the UK asbestos health problem, which provides an in-depth look at the occupational health experience of one of the world's leading asbestos companies - British asbestos giant, Turner and Newall.

This book presents valuable and recent lessons learned regarding the links between natural resources management, from a Socio-Ecological perspective, and the biodiversity conservation in Mexico. It address the political and social aspects, as well as the biological and ecological factors, involved in natural resources management and their impacts on biodiversity conservation. It is a useful resource for researchers and professionals around the globe, but especially those in Latin American countries, which are grappling with the same Bio-Cultural heritage conservation issues.

This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of the global digital economy. The impact of artificial intelligence (AI) not only on law but also on economics is examined. In the first part, the economics of AI are explored, including topics such as e-globalization and digital economy, corporate governance, risk management, and risk development, followed by a quantitative econometric analysis which utilizes regressions stipulating the scale of the impact. In the second part, the author presents the law of AI, covering topics such as the law of electronic technology, legal issues, AI and intellectual property rights, and legalizing AI. Case studies from different countries are presented, as well as a specific analysis of international law and common law. This book is a must-read for scholars and students of law, economics, and business, as well as policy-makers and practitioners, interested in a better understanding of legal and economic aspects and issues of AI and how to deal with them.

This book explores policy, legal, and practice implications regarding the emerging field of disaster justice, using case studies of floods, bushfires, heatwaves, and earthquakes in Australia and Southern and South-east Asia. It reveals geographic locational and social disadvantage and structural inequities that lead to increased risk and vulnerability to disaster, and which impact ability to recover post-disaster. Written by multidisciplinary disaster researchers, the book addresses all stages of the disaster management cycle, demonstrating or recommending just approaches to preparation, response and recovery. It notably reveals how procedural, distributional and interactional aspects of justice enhance resilience, and offers a cutting edge analysis of disaster justice for managers, policy makers, researchers in justice, climate change or emergency management.

Title IX, a landmark federal statute enacted in 1972 to prohibit sex discrimination in education, has worked its way into American culture as few other laws have. It is an iconic law, the subject of web blogs and T-shirt slogans, and is widely credited with opening the doors to the massive numbers of girls and women now participating in competitive sports. Yet few people fully understand the law's requirements, or the extent to which it has succeeded in challenging the gender norms that have circumscribed women's opportunities as athletes and their place in society more generally.

In this first legal analysis of Title IX, Deborah L. Brake assesses the statute's successes and failures. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men's and women's sports have remained remarkably resilient. At the same time, female athletes continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short. A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, successes, and limitations of this historic law.

This volume provides an in-depth approach to issues and problems currently confronted by multi-national enterprises ("MNEs") and other large foreign investors in China at the beginning of the 21st century. The volume examines legal, business, and strategic issues for foreign investors that are seeking to enter the China market and for those foreign investors already in China and seeking to expand or reorganize their operations. The volume takes an overall approach of the large foreign investor with a long term business plan for China and proposes a basic corporate structure for this investor. The structures involves a series of wholly foreign owned enterprises, joint ventures, and representative offices all under the control and ownership of one or more investment holding companies. Each of the entities in this structure are discussed individually and as part of an overall corporate conglomerate. The volume also examines the protection of intellectual property as a basic corporate business problem that should be part of the initial planning process as the foreign investor makes its initial move into China. Too often protection of intellectual property is not considered to be a priority until violations occur in China. Some prior planning and an emphasis on protecting intellectual property rights can be advantageous and help to avoid the serious problems that can later arise. This volume is written for those business and legal managers who are given heavy responsibilities for managing a China business but who lack a background in China. Because of the great interest in China by many MNEs, many business and legal managers are moving to China or are given additional responsibilities in the US for the MNE's new China operations. Many of these persons are expected to make decisions about a China operation even though they may lack even basic knowledge about the Chinese political, legal, and business environment. This is the first book written by an American lawyer designed to address this need.

Erster Teil: Zu den allgemeinen Lehren des einstweiligen Rechtsschutzes.- Zweiter Teil: Die Gewahrung einstweiligen Rechtsschutzes durch den Gerichtshof der Europaischen Gemeinschaften.- Dritter Teil: Nationaler einstweiliger Verwaltungsrechtsschutz im Widerstreit von Gemeinschaftsrecht und nationalem Verfassungsrecht.- 1. Kapitel: Darstellung neuerer Urteile des EuGH zum nationalen einstweiligen Rechtsschutz.- 2. Kapitel: Die sog. "indirekten Kollisionen" zwischen nationalem Verfahrensrecht und Gemeinschaftsrecht.- 3. Kapitel: Zulassigkeit und Grenzen der Zulassigkeit von Relativierungen grundgesetzlicher Vorgaben beim Vollzug des Gemeinschaftsrechts am Beispiel des deutschen einstweiligen Verwaltungsrechtsschutzes.- 4. Kapitel: Paradigmenwechsel in der EuGH-Rechtsprechung: Gestaltender Eingriff in den nationalen einstweiligen Verwaltungsrechtsschutz.- 5. Kapitel: Zur Erstreckung der "Suderdithmarschen"-Doktrin auf (positive) einstweilige Anordnungen: "Atlanta Fruchthandelsgesellschaft u.a../. Bundesamt fur Ernahrung und Forstwirtschaft" Rs C-465/93.- Vierter Teil: Die Gewahrung einstweiligen Rechtsschutzes im Rahmen des Vorabentscheidungsverfahrens (Art. 177 EGV).- 1. Kapitel: Gewahrung einstweiligen Rechtsschutzes und Vorlagepflicht mitgliedstaatlicher Gerichte.- 2. Kapitel: Nationales Eilverfahren und Vorabentscheidungsverfahren gemass Art. 177 EGV: Der Gerichtshof der Europaischen Gemeinschaften als gesetzlicher Richter i.S.d. Art. 101 Abs. 1 S. 2 GG.- Thesenartige Zusammenfassung.- Summary: Interim Relief and the European Union.- Council of Europe, Committee of Ministers Recommendation No. R (89)8 of the Committee of Ministers to Member States on Provisional Court Protection in Administrative Matters.

"The Game of Conservation" is a brilliantly crafted and highly readable examination of nature protection around the world.
Twentieth-century nature conservation treaties often originated as attempts to regulate the pace of killing rather than as attempts to protect animal habitat. Some were prompted by major breakthroughs in firearm techniques, such as the invention of the elephant gun and grenade harpoons, but agricultural development was at least as important as hunting regulations in determining the fate of migratory species. The treaties had many defects, yet they also served the goal of conservation to good effect, often saving key species from complete extermination and sometimes keeping the population numbers at viable levels. It is because of these treaties that Africa is dotted with large national parks, that North America has an extensive network of bird refuges, and that there are any whales left in the oceans. All of these treaties are still in effect today, and all continue to influence nature-protection efforts around the globe.
Drawing on a wide variety of primary and secondary sources, Mark Cioc shows that a handful of treaties--all designed to protect the world's most commercially important migratory species--have largely shaped the contours of global nature conservation over the past century. The scope of the book ranges from the African savannahs and the skies of North America to the frigid waters of the Antarctic.

This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance. A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance. This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law. Contributors: R. Bartel, A.K. Butzel, J. de L. De Cendra, D. Craig, M. Doelle, J. Gooch, W. Gumley, C. Holley, T. Howard, A. Kennedy, W. Lahey, A. Lawson, E. Lees, P. Martin, M. Masterton, P. Noble, R.L. Ottinger, O.R. Owina, L. Paddock, J.L. Parker, W. Pianpian, G. Pink, A. Rieu-Clarke, N.A. Robinson, G. Rose, T.L Rucinski, S. Teles Da Silva, R.R. Valova, X. Wang, M.E. Wieder, W. Xi

With California's passage of the Save Our State Initiative in 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation on federal immigration and naturalization policy has been harsh on Asian immigrants, although less so since 1965. This documentary history covers all major immigration laws passed by Congress since 1790. The volume opens with an overview of the basis on which Congress has restricted Asian immigration. It then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.

With California's passage of the Save Our State Initiative in November 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation establishing federal immigration and naturalization policy has been particularly harsh on Asian immigrants. Although Congress has been less hostile to Asian immigration since 1965, there was a renewed effort to limit immigration from Asia as recently as 1989, and the restrictive national mood will undoubtedly find its way into the 1996 elections. Showing the impact of immigration laws on Asian immigrants, this documentary history covers all major immigration laws passed by Congress since 1790.

The volume's opening chapter points to three major theses--that initially Congress restricted and excluded Asian immigration on the basis of its traditional policy of denying citizenship to nonwhite people, that Congress denied Asians entry to the U.S. on the grounds that their culture made them incompatible with Americans, and that Congress passed laws treating each of the Asian ethnic groups as a racialized ethnic group. The volume then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.

This book presents an important discussion on soil and sustainable agriculture from a range of perspectives, addressing key topics such as sustainable intensification, the FAO Voluntary Guidelines, and the crucial role of appropriate tenure rights. This second volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with several aspects of the theme "soil and sustainable agriculture." In turn, the second part covers recent international developments, the third part presents regional and national reports, and the fourth discusses cross-cutting issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy" is a book series that discusses central questions in law and politics with regard to the protection and sustainable management of soil and land - at the international, national and regional level. The Chapter "The Use of Property Law Tools for Soil Protection" by Jessica Owley is available open access under a CC BY 4.0 license at link.springer.com.

From Eisenhower to Obama, this book provides a comprehensive analysis of the policies Congress and the president have proposed and passed to protect the environment over time. The U.S. federal government first began to consider legislation to protect the environment and natural resources in 1940s. Since that time, Congress and the president have considered and passed numerous environmental policies-laws that serve to protect the quality of the air we breathe, the water we drink, the natural beauty of the land, and the animals that live both on land and in the water. In Making Environmental Law: The Politics of Protecting the Earth, experienced and accomplished environmental law researcher Nancy E. Marion shows what policies Congress have proposed and passed to protect the environment over time. Each chapter focuses on the members of Congress's response to a different environmental concern, such as ocean dumping, pesticides, and solid waste. With "green" awareness now affecting every aspect of our modern world, this text serves as an invaluable reference for students and researchers who need a deeper historical background on the political aspects of these issues. Tables summarize key legislative acts Index of all bills listed in the text An appendix with a timeline of important dates in the history of environmental law

Although the European Court of Justice ruled in Bosman (1995) that professional sportsmen and sportswomen are free at the end of their contracts, they are still at the mercy of the clubs that employ them. Such pretexts as the "special nature" of sport publicly urged by such European eminences as Tony Blair and Gerhard Schroder have institutionalized the human trafficking of players, depriving them of basic rights guaranteed under all the laws enjoyed by Europeans. They may be well-paid as long as they are in the limelight, but they have no surety. They can be, and are, bought and sold repeatedly, each time returning profits to those who trade in their athletic prowess. In this searing indictment, Professor Blanpain underscores the demonstrable illegality of the current transfer system imposed by the International Federation of Football Associations (FIFA). He describes in detail the complex ramifications of FIFA's rules in the lives of players, clearly revealing how the fundamental rights of players to free movement and freedom of labour are systematically denied. He calls for the courts, from the European Court of Justice on down, to recognize this illegality and act to enforce the Bosman judgement. Professor Blanpain examines all the crucial legal issues involved. These include the following: the classification of sportsmen and sportswomen as "workers"; the nature of the contract between player and club; the legal capacity of minors to enter into an employment contract; the trade in foreign (frequently African and South American) players with no legal rights in Europe; disciplinary rules; training compensation fees; placement and status of players' agents; dispute resolution; and conflicts with competition law. An extensive array of documents, including the FIFA Transfer Regulations and material leading to the March 2001 agreement between FIFA and the European Commission, is included in a series of annexes.

Drawn from research in the manuscript records of the federal judiciary and the court reports of the Florida Supreme Court, this book examines how state and federal judges responded to the enforcement of local, state, and national prohibition in Florida. Upholding these measures often resulted in governmental encroachment on civil liberties; consequently, judges found themselves positioned to determine the scope of the liquor laws. As they balanced the rights of individuals with the power of the state, Florida judges acted independently of public opinion and based their rulings on precedent and citation of authority. To present the fullest picture possible, this text, while focusing on the efforts of the judges to uphold the spirit and the letter of the various liquor laws, it also considers the views of individuals who violated prohibition.

This new book reviews the legal, ethical, risk management and safety issues facing today's radiological science professional. It discusses theories and their day-to-day application, guiding good decision making. Case studies and scenarios clearly illustrate concepts. Sample forms at the end of the text help readers prepare and draft forms, charts, procedures, and policies.Covers a full range of issues - decision making, malpractice, patients' rights, civil liability, record keeping, communication, education, and much more. Clarifies the importance of risk management and the need for developing a quality safety program to protect the patient, the practitioner, and the facility.Considers the practical applications of the Code of Ethics. Answers key questions about employment law.Presents specific plans for setting up education and evaluation programs. Includes sample forms for assessing competency. Provides an overview of the legal system and how it affects imaging and therapy.Offers two complete chapters that explain what and how to document. Includes sample forms for documentation and consent. Readers can simply review and adapt to their own health care settings.Features contributions by professionals with special expertise in law, risk management and education.

The Violence Against Women Act of 1994 (VAWA) is the most expansive federal legislation addressing intimate violence in the United States to date. Meyer-Emerick uses three theories to examine the legislation: Foucault's theories on how people develop their ideas about their sexuality; Habermas's theories on the legitimacy of the state; and MacKinnon's theories of a gender hierarchy preserved through sexual violence. Through consideration of interviews with policymakers, professionals, and focus groups with citizens, her analysis suggests that state intervention is limited. Additional avenues for combating violence against women is therefore necessary.

These theories were also used to develop questions that were asked of policymakers and local professionals in interviews and with focus groups of survivors, perpetrators, and citizens. The interviews revealed perceptual differences between the thinking of the policymakers and the local professionals. These dissimilarities highlight the practitioners' lack of knowledge about the intent of VAWA, which may impede service delivery to clients. The focus group responses indicated that not only do women have a higher distrust than men but that survivors and perpetrators have opinions that diverge from both local citizens and other participants. This demonstrates a need for change in the system that is supposed to be protecting women from violence. Meyer-Emerick concludes with recommendations for further interventions. Policymakers and local providers of social services will find the work of particular value as will scholars and researchers dealing with domestic violence.

Because labour and social security issues have arisen in many disparate ways since the inception of the European Communities, there has been no consistent classification of European law in this area. This book attempts to rectify that situation, presenting as complete a codification as possible of this body of law, with texts of the most important documents and direct reference to print and online sources of all relevant conventions, regulations, directives, decisions, recommendations and agreements. The codification encompasses European Union texts on labour and social security, as well as pertinent Council of Europe documents.

Founded in 1981, the Cardozo Arts & Entertainment Law Journal is one of the first student-edited entertainment law journals in the United States. Over the course of the years, it has grown to be one of the most widely-subscribed journals in the field. To celebrate the 20th anniversary of the Journal, this volume collects some of the most widely-cited articles published in the past 20 years, as well as distinguished intellectual property lectures sponsored by the Benjamin N. Cardozo School of Law, Yeshiva University. Contributors to this volume include leading commentators in the field of intellectual property, art, and communications law, as well as eminent jurists and former government officials from the U.S. Copyright Office and the U.S. Patent and Trademark Office.

This book outlines the legal powers of a major Western nation - Australia - to collect and use location information. Mobile service and social media service providers now have the ability to track, record and store more precise location information. Unlike 4G, 5G mobile communications require that cell towers and antennas be in much closer proximity; as a result, the location data can reveal more personal and sensitive information about individual citizens. Despite this aspect, service providers are required to disclose the data to the authorities, without the need for a judicial warrant. This book was written from the perspective of big location data software analytics, a capability that makes it possible to combine various location data points to create a profile on a given individual's movements, habits, and political, religious and ideological orientation. In this regard, privacy is poorly protected. The rationale used to justify the powers was enforcing serious crimes - terrorism offences. Location data can now be retained for at least two years and be collected to investigate even minor offences. This can be done without the person being reasonably suspected of a criminal offence - when the individual is simply determined to be a person of interest. This poses legal risks to vulnerable communities. And yet, such investigative techniques are deemed lawful and reasonable. At a time when national security is so broadly defined to include economic issues, which in turn overlap with climate change and environmental protection, these legal powers should be reassessed. The book clarifies the complex rules that every citizen must know in order to have agency. Further, it calls upon authorities to reflect and to self-regulate, by making the conscious decision to surrender some of their powers to review by the independent judiciary. Without the requirement for a judicial warrant or judicial review, the powers are unfairly broad. The book pursues an interdisciplinary approach to assess the functionality of mobile telecommunications in direct relation to law enforcement powers and existing judicial precedents. Further, it offers a unifying techno-legal perspective on a complex issue touching on modern privacy law and communications technologies.

This book offers a new perspective on advance directives through a combined legal, ethical and philosophical inquiry. In addition to making a significant and novel theoretical contribution to the field, the book has an interdisciplinary and international appeal. The book will help academics, healthcare professionals, legal practitioners and the educated reader to understand the challenges of creating and implementing advance directives, anticipate clinical realities, and preparing advance directives that reflect a higher degree of assurance in terms of implementation.

The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners' rights. While the complex copyright problems of the Internet have generated plenty of literature and legislative initiatives, many important issues still remain unresolved. Rights holders in the online marketplace thus remain vulnerable to digital piracy and other forms of unauthorised use. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission's Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR's research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.

Freshwater is an increasingly scarce resource globally, and effective sustainable management will be absolutely crucial in the future. This timely book sets out future scenarios of international trade in both 'real' and 'virtual' water, examining the relationship between climate change, water scarcity, the human right to water and World Trade Organization law. Trade in Water Under International Law addresses questions of global importance such as: how can international trade in bulk water contribute to the advancement of the human right to water? Are 'green-boxed' irrigation subsidies disturbing the markets? Should water-footprint process and production methods allow for a different treatment of otherwise 'like' products? From examining the impact of water law on small-scale farmers in developing countries, to the broader issue of global environmental responsibility, Fitzgerald Temmerman explores the options available for fair resource allocation through international law arrangements such as the General Agreement on Tariffs and Trade, and the Agreement on Technical Barriers to Trade. By taking a wide-reaching and non-technical approach, this book will capture the attention not only of international trade law professionals, but of all stakeholders in the field. With such relevance to contemporary environmental issues, this book will also be of interest to non-legally qualified individuals who want to comprehend the future possibilities of fair water trade.