Book Description
Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Author : Federica Giovanella
Publisher : Edward Elgar Publishing
Page : 359 pages
File Size : 40,38 MB
Release : 2017-12-29
Category : Conflict of laws
ISBN : 1785369369
Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Author : Bengt Lindell
Publisher : Edward Elgar Publishing
Page : 301 pages
File Size : 13,40 MB
Release : 2017-05-26
Category : Business & Economics
ISBN : 1786430207
Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
Author : Andrew Fenton Cooper
Publisher : Oxford University Press
Page : 990 pages
File Size : 16,80 MB
Release : 2013-03-28
Category : Political Science
ISBN : 0199588864
Including chapters from some of the leading experts in the field this Handbook provides a full overview of the nature and challenges of modern diplomacy and includes a tour d'horizon of the key ways in which the theory and practice of modern diplomacy are evolving in the 21st Century.
Author : Hans-Eric Rasmussen-Bonne
Publisher : Verlag Recht und Wirtschaft
Page : 544 pages
File Size : 37,4 MB
Release : 2005
Category : Comparative law
ISBN : 9783800514373
Author : Jacco Bomhoff
Publisher : Cambridge University Press
Page : 289 pages
File Size : 39,53 MB
Release : 2013-12-19
Category : Law
ISBN : 1107044413
A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.
Author : Ndiva Kofele-Kale
Publisher : Routledge
Page : 260 pages
File Size : 40,98 MB
Release : 2013-03-01
Category : Law
ISBN : 1136594426
In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and ‘situationalizing’ competing human rights and public interests in situations involving possible official corruption.
Author : Willemien Du Plessis
Publisher : PULP
Page : 698 pages
File Size : 42,6 MB
Release : 2011
Category : Africa
ISBN : 1920538054
"Now that economic development is starting to pick up in many countries in Africa, the question arises how such development can be balanced with the need for adequate environmental protection. This crucial issue, inherent in the notion of sustainable development, is addressed in this innovative and path-breaking volume. For the first time, academics from seventeen African countries have joined forces to analyse the way in which economic and environmental interests are balanced in their legal systems. The authors all use a common framework to improve the comparability of the country studies. The different country-related chapters do not only provide insights into the formally applicable legal rules (law in the books), but given that the book brings together academics aware of the practice in Africa, they also describe the way in which environmental policy functions in practice (law in action). Many case studies, with conceptual analyses are provided of pollution incidents and the way in which administrative agencies or courts have on those occasions balanced the interests between the economy, society and the environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy reform are also formulated, showing African countries how they can benefit from experiences in the US and Europe. This thought provoking volume is a must for anyone (academic, policymaker or practitioner) interested in sustainable development generally and in Africa in particular."--P. [4] of cover.
Author : T. V. Paul
Publisher : Yale University Press
Page : 256 pages
File Size : 33,12 MB
Release : 2018-01-01
Category : Political Science
ISBN : 0300228481
At the end of the Cold War, the United States emerged as the world's most powerful state, and then used that power to initiate wars against smaller countries in the Middle East and South Asia. According to balance-of-power theory--the bedrock of realism in international relations--other states should have joined together militarily to counterbalance the United States' rising power. Yet they did not. Nor have they united to oppose Chinese aggression in the South China Sea or Russian offensives along its western border. This does not mean balance-of-power politics is dead, argues renowned international relations scholar T. V. Paul; instead it has taken a different form. Rather than employ familiar strategies such as active military alliances and arms buildups, leading powers have engaged in "soft balancing," which seeks to restrain threatening powers through the use of international institutions, informal alignments, and economic sanctions. Paul places the evolution of balancing behavior in historical perspective, from the post-Napoleonic era to today's globalized world. This book offers an illuminating examination of how subtler forms of balance-of-power politics can help states achieve their goals against aggressive powers without wars or arms races.
Author : Bryan Mercurio
Publisher : Routledge
Page : 317 pages
File Size : 47,32 MB
Release : 2013-12-13
Category : Law
ISBN : 1134119704
Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development. The book features chapters from a range of experts – including Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell and Peter K. Yu – who examine a wide range of issues such as investment law, international trade law, and international intellectual property. By bringing together these issues, the book asks how international trade and investment regimes utilise science and technology, and whether they do so fairly and in the interest of broader public policies. This book will be of great interest to researchers of international economic law, health law, technology law and international intellectual property law.
Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 45,42 MB
Release : 2019-10-16
Category : Law
ISBN : 1000707970
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.