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Understanding Human Rights

Understanding Human Rights

Manual on Human Rights Education

  • Author: Wolfgang Benedek
  • Publisher: Intersentia Uitgevers N V
  • ISBN: 9781780680576
  • Category: Law
  • Page: 548
  • View: 6658
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This third edition of Understanding Human Rights has been elaborated by the European Training and Research Center for Human Rights and Democracy (ETC) in Graz, originally for the Human Security Network (HSN) at the initiative of the Austrian Ministry for Foreign Affairs. The objective is to assist human rights education efforts worldwide. The book's thematic modules on selected human rights issues cover topics such as: the prohibition of torture, freedom from poverty, human rights of women and children, human rights in armed conflict, freedom of expression, and democracy. New to this updated edition are chapters reflecting current trends in human rights, including new modules on privacy (such as challenges posed by Internet use), minority rights, and the right to asylum. Translations of the earlier editions already exist in 15 languages, among them all the official United Nations languages. Understanding Human Rights has become a basic text for human rights education and training in different countries, on different levels, and for different audiences, from university lectures in China to NGO training in Mali to police training in Kosovo.

The European Union and International Dispute Settlement

The European Union and International Dispute Settlement

  • Author: Marise Cremona,Anne Thies,Ramses A Wessel
  • Publisher: Bloomsbury Publishing
  • ISBN: 1509903259
  • Category: Law
  • Page: 320
  • View: 2938
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This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary. In addition, it places the subject in its broader context of international dispute settlement, and the participation of the EU and its Member States in international disputes. It focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners.

Assessing the World Trade Organization

Assessing the World Trade Organization

Fit for Purpose?

  • Author: Manfred Elsig,Bernard Hoekman,Joost Pauwelyn
  • Publisher: Cambridge University Press
  • ISBN: 1108148409
  • Category: Law
  • Page: N.A
  • View: 6556
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The World Trade Organization (WTO) recently celebrated twenty years of existence. The general wisdom is that its dispute settlement institutions work well and its negotiation machinery goes through a phase of prolonged crises. Assessing the World Trade Organization overcomes this myopic view and takes stock of the WTO's achievements whilst going beyond existing disciplinary narratives. With chapters written by scholars who have closely observed the development of the WTO in recent years, this book presents the state of the art in thinking about WTO performance. It also considers important issues such as the origins of the multilateral system, the accession process and the WTO's interaction with other international organisations. The contributions shed new light on untold stories, critically review and present existing scholarship, and sketch new research avenues for a future generation of trade scholars. This book will appeal to a wide audience that aims to better understand the drivers and obstacles of WTO performance.

Impact Measurement and Accountability in Emergencies

Impact Measurement and Accountability in Emergencies

The Good Enough Guide

  • Author: Emergency Capacity Building Project
  • Publisher: Oxfam
  • ISBN: 0855985941
  • Category: Social Science
  • Page: 74
  • View: 637
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This pocket guide presents some tried and tested methods for putting impact measurement and accountability into practice throughout the life of a project. It is aimed at humanitarian practitioners, project officers and managers with some experience in the field, and draws on the work of field staff, NGOs, and inter-agency initiatives, including Sphere, ALNAP, HAP International, and People in Aid.

The Economic Structure of Intellectual Property Law

The Economic Structure of Intellectual Property Law

  • Author: William M. LANDES,Richard A. Posner
  • Publisher: Harvard University Press
  • ISBN: 0674039912
  • Category: Law
  • Page: 448
  • View: 6677
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This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law

The Oxford Handbook of the History of International Law

The Oxford Handbook of the History of International Law

  • Author: Bardo Fassbender,Anne Peters,Simone Peter
  • Publisher: OUP Oxford
  • ISBN: 019163252X
  • Category: Law
  • Page: 1272
  • View: 4580
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The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.

CSR 2.0

CSR 2.0

Transforming Corporate Sustainability and Responsibility

  • Author: Wayne Visser
  • Publisher: Springer Science & Business Media
  • ISBN: 3642408745
  • Category: Business & Economics
  • Page: 89
  • View: 2264
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The book examines the evolution and current state of corporate social responsibility (CSR), using a five-stage maturity model: defensive, charitable, promotional, strategic and transformative CSR. The first four stages are dubbed CSR 1.0 and characterise most current CSR practice, while the fifth stage is named CSR 2.0 (also transformative or systemic CSR) and describes emergent and future CSR practices. Reasons are given why CSR 1.0 approaches have failed to have any significant impact on the most serious global social, environmental and ethical challenges. The emergent CSR 2.0 will then be explored in detail by elaborating on five principles underlying the new approach, including: creativity, scalability, responsiveness, glocality and circularity. A four-part DNA Model is also introduced, covering value creation, good governance, societal contribution and ecological integrity, which provides the basis for defining and measuring CSR 2.0. Finally, a 70-question CSR 2.0 self-assessment diagnostic tool developed by the author is presented, with sample data to show how the tool can be used for future research and practitioner application.

A History of Law in Europe

A History of Law in Europe

From the Early Middle Ages to the Twentieth Century

  • Author: Antonio Padoa-Schioppa
  • Publisher: Cambridge University Press
  • ISBN: 1107180694
  • Category: History
  • Page: 820
  • View: 5079
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The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Comparative Constitutional Reasoning

Comparative Constitutional Reasoning

  • Author: András Jakab,Arthur Dyevre,Giulio Itzcovich
  • Publisher: Cambridge University Press
  • ISBN: 1108138616
  • Category: Law
  • Page: N.A
  • View: 7807
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To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

International Investment Law and Arbitration

International Investment Law and Arbitration

Commentary, Awards and other Materials

  • Author: Chin Leng Lim,Jean Ho,Martins Paparinskis
  • Publisher: Cambridge University Press
  • ISBN: 1316853039
  • Category: Law
  • Page: N.A
  • View: 1502
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What was once a contested body of principles applied peripherally to the international settlement of expropriation disputes has been transformed and in its place now stands an important area of international disputes practice. International Investment Law and Arbitration offers a comprehensive introduction to the subject. Presenting the facts of daily legal practice and the largely unaltered aims of the subject alongside a broad selection of key awards and original materials, historical developments are discussed in the context of the changing directions in the arbitral jurisprudence and current treaty and arbitration reform debate. Key features: accessible and engaging commentary integrated throughout, end of chapter questions test reader understanding, further reading lists support and encourage exploration of the subject. Suitable for postgraduate law students studying modules on international investment arbitration, International Investment Law and Arbitration offers an indispensable introduction to the subject.

The Oxford Handbook of the U.S. Constitution

The Oxford Handbook of the U.S. Constitution

  • Author: Mark Tushnet,Mark A. Graber,Sanford Levinson
  • Publisher: Oxford University Press
  • ISBN: 0190245778
  • Category: Political Science
  • Page: 992
  • View: 532
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The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

Access to International Justice

Access to International Justice

  • Author: Patrick Keyzer,Vesselin Popovski,Charles Sampford
  • Publisher: Routledge
  • ISBN: 1317661125
  • Category: Political Science
  • Page: 264
  • View: 7363
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There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.

Accessing Asylum in Europe

Accessing Asylum in Europe

Extraterritorial Border Controls and Refugee Rights Under EU Law

  • Author: Violeta Moreno-Lax
  • Publisher: Oxford University Press, USA
  • ISBN: 9780198701002
  • Category: Law
  • Page: 568
  • View: 3259
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Europe is currently experiencing a so-called "refugee crisis," demonstrated by millions of displaced people unseen since World War II. This book examines the interface between the EU's response to irregular flows, in particular the main extraterritorial border and migration controls taken by the Member States, and the rights asylum seekers acquire from EU law. "Remote control" techniques, such as the imposition of visas, fines on carriers transporting unsatisfactorily documented third-country nationals, and interception at sea are investigated in detail in a bid to assess the impact these measures have on access to asylum in the EU. The book also thoroughly analyses the rights recognised by the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-refoulement, the right to leave any country including one's own, the right to asylum, and the right to remedies and effective judicial protection. The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers and, most importantly, how these rights (should) limit the scope of such measures and the ways in which they are implemented. The ultimate goal is to conclude whether the current series of extraterritorial mechanisms of pre-entry vetting is compatible in EU law with the EU rights of refugees and forced migrants.

Routledge Handbook of Space Law

Routledge Handbook of Space Law

  • Author: Ram S. Jakhu,Paul Stephen Dempsey
  • Publisher: Taylor & Francis
  • ISBN: 1317613732
  • Category: Law
  • Page: 368
  • View: 5654
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This handbook is a reference work providing a comprehensive, objective and comparative overview of Space Law. The global space economy reached $330 billion in 2015, with a growth rate of 9 per cent vis-à-vis the previous year. Consequently, Space Law is changing and expanding expeditiously, especially at the national level. More laws and regulations are being adopted by space-faring nations, while more countries are adapting their Space Laws and regulations related to activities in outer space. More regulatory bodies are being created, while more regulatory diversity (from public law to private law) is being instituted as increasing and innovative activities are undertaken by private entities which employ new technologies and business initiatives. At the international level, Space Law (both hard law and soft law) is expanding in certain areas, especially in satellite broadcasting and telecommunications. The Routledge Handbook of Space Law summarises the existing state of knowledge on a comprehensive range of topics and aspires to set the future international research agenda by indicating gaps and inconsistencies in the existing law and highlighting emerging legal issues. Unlike other books on the subject, it addresses major international and national legal aspects of particular space activities and issues, rather than providing commentary on or explanations about a particular Space Law treaty or national regulation. Drawing together contributions from leading academic scholars and practicing lawyers from around the world, the volume is divided into five key parts: • Part I: General Principles of International Space Law • Part II: International Law of Space Applications • Part III: National Regulation of Space Activities • Part IV: National Regulation of Navigational Satellite Systems • Part V: Commercial Aspects of Space Law This handbook is both practical and theoretical in scope, and may serve as a reference tool to academics, professionals and policy-makers with an interest in Space Law.

Reshaping the Investor-State Dispute Settlement System

Reshaping the Investor-State Dispute Settlement System

Journeys for the 21st Century

  • Author: Jean E. Kalicki,Anna Joubin-Bret
  • Publisher: Hotei Publishing
  • ISBN: 9004291105
  • Category: Law
  • Page: 1044
  • View: 9050
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In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.

Framing the Subjects and Objects of Contemporary EU Law

Framing the Subjects and Objects of Contemporary EU Law

  • Author: Samo Bardutzky,Elaine Fahey
  • Publisher: Edward Elgar Publishing
  • ISBN: 1786435748
  • Category:
  • Page: 352
  • View: 3326
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This timely book invites the reader to explore the lexicon of ‘subjects’ and ‘objects’ of EU law as a platform from which several dilemmas and omissions of EU law can be researched. It includes a number of case studies from different fields of law that deploy this lexicon, structuring the contributions around three principal elements of EU law: its transformations, crises, and external-internal dynamics.

The International Society as a Legal Community

The International Society as a Legal Community

  • Author: Hermann Mosler
  • Publisher: BRILL
  • ISBN: 9789028600805
  • Category: Law
  • Page: 327
  • View: 2909
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The Judicial Application of Human Rights Law

The Judicial Application of Human Rights Law

National, Regional and International Jurisprudence

  • Author: Nihal Jayawickrama
  • Publisher: Cambridge University Press
  • ISBN: 1108210139
  • Category: Political Science
  • Page: N.A
  • View: 7297
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Since the proclamation of the Universal Declaration of Human Rights, over 165 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions creates new dimensions to concepts first articulated in 1948. In this revised second edition, Nihal Jayawickrama draws on extensive sources to encapsulate the judicial interpretation of human rights law in one comprehensive volume. Jayawickrama covers the case law of the superior courts of 103 countries in America, Europe, Africa, Asia, the Caribbean and the Pacific, as well as jurisprudence of human rights monitoring bodies. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive volume is essential for legal practitioners, and government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights.

Major Law and Policy Issues in the South China Sea

Major Law and Policy Issues in the South China Sea

European and American Perspectives

  • Author: Dr Yann-huei Song,Professor Keyuan Zou
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 147240159X
  • Category: Law
  • Page: 316
  • View: 8525
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Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries’ responses to the Chinese assertiveness, China’s historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan’s role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.