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Books > Law > Laws of other jurisdictions & general law > Social law
In recent years several states have established specially-protected marine areas under their domestic legislation, whilst internationally the trend towards providing an increased protection to certain marine spaces has been reflected in a number of treaties and declarations. This volume reviews recent developments in the field of specially-protected marine areas and preservation of the marine environment in general. It devotes special attention to the Mediterranean area, because the regional framework for the protection of the environment in the Mediterranean (the so-called Barcelona system) has recently been updated and strengthened, and also because the Mediterranean is a typical example of the category of semi-enclosed seas requiring international co-operation in various fields between the bordering states. The scope of the book encompasses fisheries, a field which is closely connected to the sustainable development of marine areas.
Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised and updated to cover the latest cases, Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law. -- .
Environmental concerns are at the top of the agenda around the world. Judaism, like the other world religions, only rarely raised issues concerning the environment in the past. This means that modern Judaism, the halakhic tradition no less than others, must build on a slim foundation in its efforts to give guidance. The essays in this volume mark the beginning of a new effort to face questions and formulate answers of vital importance.
With a Foreword by Dr Ralf-Rene Weingartner, Director for Youth and Sport, Council of Europe, Strasbourg The Council of Europe is unquestionably the body that has made the most substantial contribution to paving the way for a European sports model. The Council of Europe was the first international intergovernmental organisation to take initiatives to establish legal instruments, and to offer an institutional framework for the development of sport at European level. The first stage of the Council of Europe's work in this field was marked by the adoption of the Committee of Ministers' Resolution on Doping of Athletes (1967). The extensive work of the Council of Europe on sport is evident through its main instruments on sport, such as the European Sports Charter, the Code of Sports Ethics, the European Convention on Spectator Violence, and the Anti-Doping Convention. Sport co-operation within the Council of Europe is organised in partnership with national governmental and non-governmental bodies. The Council of Europe and Sport: Basic Documents is the second volume in the Asser series of collections of documents on international sports law, containing material on the intergovernmental (inter-state) part of international sports law. The European Union and Sport: Legal and Policy Documents was the first volume devoted to the European Union. In previous other publications, non-governmental materials, i.e. statutes and constitutions, doping rules and regulations, arbitral and disciplinary rules and regulations of the international sports organisations were published. The book provides an invaluable source of reference for governmental and sports officials, legal practitioners and the academic world. With the increasing public interest in the legal aspects of sports, this collection of documents is a timely and welcome contribution to enhancing the accessibility of basic texts on international sports law and policy.
This book offers an examination of physician-assisted death, but it also extends the discussion to a broader range of end-of-life decisions including suicide, palliative care and sedation until death.
--The first edition is an essential reading for planning students as it is the only text available that focuses on planning law and practice in Northern Ireland. --Updated to address consequences of BREXIT, the impact of COVID-19 on planning procedures, and the emergence of Local Development Plans within the new 2-tier planning system of Northern Ireland
This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include: T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-Albin
This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive's goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.
1. Bringing together chapters co-authored by academics and practitioners, this book will find a market as a supplementary book for students and a book on best-practice for professionals. Each chapter has a set structure to ensure consistency. 2. This book will be particularly useful for universities offering qualifications for trainee probation officers in the UK, as well as Criminology students taking courses on criminal justice, penology, rehabilitation and working with offenders.
EU environmental law is now a dominant source of influence in the development and application of environmental law and policy in most Member States. This important new study provides a fresh appraisal of the changing nature of EU environmental legislation, and the tensions between discretion and goals. Above all it tackles the difficult questions of the appropriate role and design of law in tackling current and future environmental challenges. It should be required reading by all those concerned with the future of environmental law, both within Europe and elsewhere, and the authors are to be congratulated on the quality and scope of their analysis.' - Richard Macrory, University College, London, UKThis thought-provoking book offers a cross-cutting debate on EU environmental legislation from a legal perspective focusing on key themes such as regulatory instrument choice, the coherency of law, and enforceable commitments. Based on thorough investigations of several environmental domains - particularly water law, air quality law, industrial emissions law and climate and energy law - it presents the current state of EU environmental regulatory approaches and suggests potential ways for improvement. It pays close attention to the consequences of EU legislative choices for Member States and balances the need for clear environmental legislation providing enforceable substantive rights to citizens against the wish to leave discretion to Member States. This timely book provides a critical review of the complexity and inherent flexibility of EU environmental law. It will have great appeal to environmental law scholars, political scientists, environmental policy and law consultants and to Governmental officers both in the EU and Member States. Contributors: B. Beijen, M. Bogaart, F. Groothuijse, S. van Holten, A. Keessen, J. van Kempen, F. Oosterhuis, M. Peeters, M. van Rijswick, R. Uylenburg, E. Vogelezang-Stoute
During the five decades since its origin, law and economics has provided an influential framework for addressing a wide array of areas of law ranging from judicial behaviour to contracts. This book will reflects the first-ever forum for law and economics scholars to apply the analysis and methodologies of their field to the subject of wildfire. The only modern legal work on wildfire, the book brings together leading scholars to consider questions such as: How can public policy address the effects of climate change on wildfire, and wildfire on climate change? Are the environmental and fiscal costs of ex ante prevention measures justified? What are the appropriate levels of prevention and suppression responsibility borne by private, state, and federal actors? Can tort liability provide a solution for realigning the grossly distorted incentives that currently exist for private landowners and government firefighters? Do the existing incentives in wildfire institutions provide incentives for efficient private and collective action and how might they be improved?
A comprehensive guide to all legal and technical aspects of water boundaries. "Water Boundaries" is a single-source guide to all critical legal and technical water boundary issues. An indispensable resource for surveyors, political geographers, public land managers, attorneys, developers, real estate professionals, and students in these and other related fields, this book provides: In-depth discussions of the legal issues surrounding all types of water boundariesThe full range of modern methods of precise water boundary locationDetailed technical specifications for mean high water line surveysRelevant algorithms and mathematical formulasIllustrative real-world case studies Water boundaries are perhaps the oldest and most widely used of man's boundaries. Yet, despite this long history of usage, water boundaries are probably the most frequently and bitterly contested boundaries in today's society. Because shorelines and bodies of water are dynamic rather than static, knotty technical and legal disagreements over water boundaries invariably crop up. Recent land use practices have created a growing demand for precisely located and legally defensible water boundaries. As a consequence, the need for a single-source professional reference such as this has never been greater. "Water Boundaries" is a comprehensive reference devoted exclusively to this highly specialized area. Written for surveyors and engineers, as well as legal and real estate professionals, it provides in-depth discussions of the legal issues surrounding each type of water boundary while describing the full range of modern methods for precisely locating them. This volume covers all types of water boundaries, including division lines between private uplands and public submerged lands in both tidal and nontidal waters, lateral division lines between adjacent riparian ownerships, boundaries between state and federal waters, and offshore international boundaries. For technical specialists, the author provides detailed specifications for mean high water line surveys, as well as all relevant mathematics, including formulas for calculating tidal data and predicting optimum placement of tide gauges, analytical techniques for estimating high water in nontidal bodies of water, and the use of coordinate geometry in constructing equidistant and median lines. Technical and nontechnical readers alike will appreciate the many illustrative real-world case studies scattered throughout the book. "Water Boundaries" is an indispensable resource for surveyors, public land managers, attorneys, developers, and real estate professionals, and for all those involved in land planning, offshore mineral extraction, and other related fields.
Access to justice in environmental matters has been a topic for increasing legal discourse and law-making in international, European Community (EC) and national arenas. The 1998 Aarhus Convention provides new norms of international law, inspired by the 1992 Rio Declaration. EC law on access to justice is being drafted and changes can be observed in the laws of the European Union (EU) members states. This timely book presents the state-of-the-art of access to justice in environmental matters in the European Union. It provides a thematic and comparative introduction of the topic, followed by thorough descriptions of EC law and the law of each EU member state. The chapters are written in English or French with a summary in the other language.
This edited volume is a comprehensive examination of the legal framework in which environmental policy is fashioned in the major English-speaking federations-the United States, Canada, and Australia. The need for national solutions to environmental problems emerged long after the largest share of governmental power was allotted to states or provinces. This volume attempts to solve the paradox of how a country can have effective laws protecting the environment, vigorously enforced, when legislative and administrative powers are divided between two tiers of government. The contributors analyze environmental lawmaking along three dimensions. Part I describes the formal constitutional allocation of powers between states or provinces and the federal government, concluding that on paper environmental protection is essentially a local responsibility, although the reality is far different. In Part II the contributors explore the extent to which governments resort to informal negotiations among themselves to resolve environmental disputes. Part III is a thorough canvassing of the judiciary's role in making environmental policy and resolving disputes between levels and branches of government. In Australia and Canada, the courts play a relatively less important role in formulating policy than in the United States. In conclusion, the work shows that the level of environmental protection is relatively high in these three federations. Environmental politics, the work suggests, may be less divisive in federations than in unitary systems with comparable levels of development.
Dementia is a topic of enormous human, medical, economic, legal and ethical importance. Its importance grows as more of us live longer. The legal and ethical problems it raises are complex, intertwined and under-discussed. This book brings together contributions from clinicians, lawyers and ethicists - all of them world leaders in the field of dementia - and is a comprehensive, scholarly yet accessible library of all the main (and many of the fringe) perspectives. It begins with the medical facts: what is dementia? Who gets it? What are the current and future therapeutic and palliative options? What are the main challenges for medical and nursing care? The story is then taken up by the ethicists, who grapple with questions such as: is it legitimate to lie to dementia patients if that is a kind thing to do? Who is the person whose memory, preferences and personality have all been transformed by their disease? Should any constraints be placed on the sexual activity of patients? Are GPS tracking devices an unpardonable interference with the patient's freedom? These issues, and many more, are then examined through legal lenses. The book closes with accounts from dementia sufferers and their carers. It is the first and only book of its kind, and the authoritative text.
The book addresses in a comprehensive way the full greenhouse gases budget of the Italian landscape, focusing on land use and terrestrial ecosystems. In recent years there has been a growing interest in the role of terrestrial ecosystems with regard to the carbon cycle and only recently a regional approach has been considered for its specificity in terms of new methodologies for observations and models and its relevance for national policies on mitigation and adaptation to climate changes. In terms of methods this book describes the role of flux networks and data-driven models, airborne regional measurements of fluxes and specific sectoral approaches related to important components of the human and natural landscapes. There is also a growing need on the part of institutions, agencies and policy stakeholders for new data and analyses enabling them to improve their national inventories of greenhouse gases and their compliance with the UNFCCC process. In this respect the data presented is a basis for a full carbon accounting and available to relevant stakeholders for improvements and/or verification of national inventories. The wealth of research information is the result of a national project, CARBOITALY, which involved 15 Italian institutions and several researchers to provide new data and analyses in the framework of climate policies.
This volume presents an overview of public environmental law in the European Union and the United States of America. It focuses on constitutional and administrative environmental law but also includes other areas of law such as criminal and private law (in as far as these are relevant to the understanding of public environmental law). The book offers a comparative introduction, by editors and native authors, to the most important aspects of environmental law (prevention of pollution). It thus aspires to contribute to both 'transboundary' understanding of different regimes for Environmental Law and to a greater co-operation between different international and European partners in their strive towards more adequate (legal) modes of protection and improvement of the environment. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The final chapter offers comparative remarks by the editors.
This book provides insights on regulatory effectiveness in the field of food safety, by focusing on the variety of institutional factors affecting regulatory outcomes. Drawing upon the Institutional Analysis and Development framework, it investigates differences in effectiveness of food safety regulation and explains them by differences in domestic governance designs, by applying Qualitative Comparative Analysis. The empirical focus of the book is the food safety governance designs of 15 EU Member States, which are investigated through the collection of an original dataset inclusive of measures of independence and accountability of the domestic food safety agencies, of policy capacity and of food safety delivered. The results show the prominent role of the institutional dimension of policy capacity in producing regulatory effectiveness, in conjunction with an integrated model of distribution of the regulatory tasks. As to ineffective governance, the conjunction of low independence or low accountability with low institutional capacity produce ineffective responses.
Fire Safety Law provides building-owners, managers, individual leaseholders, mortgage-lenders, landlords, and anyone involved in the purchase or sale of a flat situated within a multi-occupied block, with practical, yet comprehensive and well-researched information regarding the subject of fire safety and the associated responsibilities, obligations and rights. V. Charles Ward addresses in practical legal terms the responsibilities on building-owners to ensure that buildings are fire-safe for people who are living, working, or visiting those buildings and explains what protections are available to leaseholders faced with the costs of making their buildings fire-safe. The book begins with a summary of the lessons which have come from the Grenfell Inquiry, before providing a practical overview of current fire-safety legislation relating to residential and commercial buildings. This legislative overview will include not only the 2005 Fire Safety Order, as updated by the 2021 Fire Safety Act and the Fire Safety (England) Regulations 2022, but will also include associated and emerging legislation and official guidance in relation to fire safety, including gas and electrical safety regulation, as well as the Building Safety Act 2022. The book will then pull apart a typical long-residential lease within a high-rise block to identify who is directly responsible for fire safety and explain how the costs of making good the fire-risk from defective cladding might be shared out between the ground-landlord and individual residential leaseholders. Having assessed the legal situation as regards existing high-rise leaseholders, the book then addresses the additional 'due diligence' required by prospective purchasers of individual high-rise flats, as well as estate agents, mortgage lenders, landlords and conveyancing lawyers, to ensure that what they will be buying or lending money on is 'fire-safe' and that any associated costs are fully accounted for.
This book examines an area of personal injuries law that has been largely neglected by other writers, but which is of vital importance in practical terms when establishing quantum of damages for personal injuries. It provides detailed coverage of the law as it works in practice, but also important insights into the underlying legal principles and policy. There is comprehensive analysis of the rules relating to the deduction of social security benefits, including the Social Security (Recovery of Benefits) Act 1997 and the new rules concerning recovery of NHS costs from insurers. The book also explains in detail how the deduction of private insurance payments, gifts and charitable payments, benefits relating to employment, benefits related to the cost of care, and benefits accruing to dependants all impact upon the awards made by the Courts.
Safety professionals interact with many other functions within the organization, including but not limited to production, human resources, and medical, with each function possessing specific laws and regulations which govern their actions and inactions. In order to function within the organizational structure, they need a working knowledge of the laws and regulations which impact his/her area of responsibility as well as the laws and regulations which impact employees, managers, and the overall organizational structure. An extensive examination of safety laws and regulations, Labor and Employment Issues for the Safety Professional provides a working knowledge of the impacts, requirements, and implications of safety professionals? actions and inactions as related to state and federal laws. It presents information on an issue-by-issue basis, delineating the basics of the issue, identifying the applicable law or regulation, and presenting possible solutions to achieve and maintain compliance while achieving the safety objective. The book covers conflicts between laws and regulations and includes case law and reference points. This text elucidates a number of laws within the labor, employment, and related areas which may impact safety professionals in the course of their daily activities. It supplies a working knowledge of the peripheral laws and regulations that impact safety functions, allowing them to avoid potential legal "issues" and possible legal liabilities for themselves as well as their organizations.
How hype, money, and bias can mislead the public into thinking that many worthless or unproven treatments are effective. Each week, people read about new and exciting cancer drugs. Some of these drugs are truly transformative, offering major improvements in how long patients live or how they feel-but what is often missing from the popular narrative is that, far too often, these new drugs have marginal or minimal benefits. Some are even harmful. In Malignant, hematologist-oncologist Dr. Vinayak K. Prasad writes about the many sobering examples of how patients are too often failed by cancer policy and by how oncology is practiced. Throughout this work, Prasad illuminates deceptive practices which * promote novel cancer therapies long before credible data are available to support such treatment; and * exaggerate the potential benefits of new therapies, many of which cost thousands and in some cases hundreds of thousands of dollars. Prasad then critiques the financial conflicts of interest that pervade the oncology field, the pharmaceutical industry, and the US Food and Drug administration. This is a book about how the actions of human beings-our policies, our standards of evidence, and our drug regulation-incentivize the pursuit of marginal or unproven therapies at lofty and unsustainable prices. Prasad takes us through how cancer trials are conducted, how drugs come to market, and how pricing decisions are made, asking how we can ensure that more cancer drugs deliver both greater benefit and a lower price. Ultimately, Prasad says, * more cancer clinical trials should measure outcomes that actually matter to people with cancer; * patients on those trials should look more like actual global citizens; * we need drug regulators to raise, not perpetually lower, the bar for approval; and * we need unbiased patient advocates and experts. This well-written, opinionated, and engaging book explains what we can do differently to make serious and sustained progress against cancer-and how we can avoid repeating the policy and practice mistakes of the past.
The important theme "What is Sports Law?" was the topic of the international Conference on "The Concept of Lex Sportiva Revisited", which took place in Jakarta in late 2010. Academics and practitioners are still in debate to agree on this concept as is evident in this book. This book not only contains the worked out contributions of this Conference, but also other related chapters on the subject. It produces a reassessment of the content of Sports Law and its terminology keeping a close eye on the current literature. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.
Functioning both as an introduction for people with no special education expertise and as a reference by special educators, advocates, and attorneys, the text makes clear all the related laws, which share some of the same language and have been a constant source of confusion to students and education scholars alike. The work proceeds smoothly from definitions to examples to case studies, enabling the reader to quickly gain an understanding of special education law and practice. Legal ambiguities, especially common to laws and regulations sharing similar language (such as the Americans with Disabilities Act and the Rehabilitation Act of 1973), are examined. Due process mandates and hearing procedures are examined in detail. Legal guidelines for safely accommodating students with communicable diseases are presented, as are definitions and eligibility issues for students diagnosed as having one of the attention deficit disorders. In this up-to-date overview, Daugherty demystifies special education and related law, making this an invaluable tool for students and education scholars, caregivers, and all others who have an interest in special education. |
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