Victoria University of Wellington Law Review
Author :
Publisher :
Page : 666 pages
File Size : 41,30 MB
Release : 2006
Category : Law
ISBN :
Author :
Publisher :
Page : 666 pages
File Size : 41,30 MB
Release : 2006
Category : Law
ISBN :
Author : Emanuela Piccolo Koskimies
Publisher : Springer Nature
Page : 163 pages
File Size : 46,89 MB
Release : 2021-10-26
Category : Political Science
ISBN : 3030859347
Grappling specifically with the norm of sovereignty as responsibility, the book seeks to advance a critical constructivist understanding of norm development in international society, as opposed to the conventional – or liberal – constructivist (mis)understanding that still dominates the debate. Against this backdrop, the book delves into the institutionalization of sovereignty as responsibility within the lived practice of the International Criminal Court (ICC). More to the point, the proposed exploration intends to revive questions about the power-laden nature of the normative fabric of international society, its dis-symmetries, and its outright hierarchies, in order to devise an original framework to operationalize research on how – institutional – practice impinges on norm development. To this end, the book resorts to an original creole vocabulary, which combines the contributions of post-positivist constructivist scholars with the legacy of key post-modernist thinkers such as Michel Foucault and Jacques Derrida, as well as critical approaches to International (Criminal) Law and Post-Colonial Studies. The book will appeal to scholars of international relations and international law, in addition to critical scholars more broadly, as well as to practitioners in the fields of human rights and international justice interested in normative theory and the implementation and contestation of international social norms.
Author : Annika Björkdahl
Publisher : Springer
Page : 261 pages
File Size : 22,14 MB
Release : 2015-03-20
Category : Political Science
ISBN : 3319137409
This interdisciplinary work presents a conceptual framework and brings together constructivist and rationalist accounts of how EU norms are adopted, adapted, resisted or rejected. These chapters provide empirical cases and critical analysis of a rich variety of norm-takers from EU member states, European and non-European states, including the rejection of EU norms in Russia and Africa as well as adaptation of EU practices in Australia and New Zealand. Chapters on China, ASEAN and the Czech Republic demonstrate resistance to EU norm export. This volume probes differences in willingness to adopt or adapt norms between various actors in the recipient state and explores such questions as: How do norm-takers perceive of the EU and its norms? Is there a ‘normative fit’ between EU norms and the local normative context? Similarly, how do EU norms impact recipients’ interests and institutional arrangements? First, the authors map EU norm export strategies and approaches as they affect norm-takers. Second, the chapters recognize that norm adoption, adaption, resistance or rejection is a product of interaction and a relationship in which interdependence, asymmetry and power play a role. Third, we see that domestic circumstances within norm-takers condition the reception of norms. This book’s focus on norm-takers highlights the reflexive nature of norm diffusion and that nature has implications for the EU itself as a norm exporter. Anyone with an interest in the research agenda on norm diffusion, normative power and the EU’s normative dialogue with the world will find this book highly valuable, including scholars, policy makers and students of subjects including political science, European studies, international relations and international and EU law.
Author : Breen Creighton
Publisher : Oxford University Press
Page : 321 pages
File Size : 20,53 MB
Release : 2020-11-05
Category : Law
ISBN : 0192642642
International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim? This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support. Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.
Author : Tosaporn Leepuengtham
Publisher : Edward Elgar Publishing
Page : 257 pages
File Size : 20,78 MB
Release : 2017-01-27
Category : Intellectual property
ISBN : 1785369628
This book considers the intellectual property issues which are raised by space activities. While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming ever-more integrated in our daily lives. Despite this, there is often little understanding of the importance of space technologies, how existing legal rules may apply in terms of protecting the technology, or whether legal protection, such as copyright, may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space.
Author : Andrea Bonomi
Publisher : Walter de Gruyter
Page : 716 pages
File Size : 14,75 MB
Release : 2012-07-30
Category : Law
ISBN : 3866539649
The current volume of the "Yearbook of Private International Law" includes three special sections: The first one is devoted to the recent European developments in the area of family law like the proposal on the matrimonial property régimes in its relation with other EU instruments, such as Brussels IIbis or Rome III. Another special section deals with the very hotly debated question of the treatment of and access to foreign law. The third one presents some recent reforms of national Private International Law systems. National reports and court decisions complete the book. Recent highlights include: - multiple nationalities in EU Private International Law - the European Court of Human Rights and Private International Law - parallel litigation in Europe and the US - arbitration and the powers of English courts - conflict of laws in emission trading - res judicata effects of arbitral awards
Author : Martin Vranken
Publisher : Academic Monographs
Page : 280 pages
File Size : 38,43 MB
Release : 2009-02-15
Category : Law
ISBN : 9780522859935
Death of Labour Law? questions the on-going relevance of labour law in Australia and other Western industrialised societies in the twenty-first century. The tension between economic flexibility for business and social stability for workers is set against the backdrop of the Rudd government's 'Forward with Fairness' reform agenda and similar proposals for change in the European Union. Martin Vranken retraces the birth and subsequent growth of labour law and argues that it is essentially a mechanism for employee protection, not labour market regulation. Death of Labour Law? offers a fresh perspective on the current debate about labour law and the role of the state in Australian industrial and workplace relations.
Author : Françoise Bouchet-Saulnier
Publisher : Rowman & Littlefield Publishers
Page : 827 pages
File Size : 24,78 MB
Release : 2013-12-12
Category : Political Science
ISBN : 1442221135
Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.
Author : Mathias Siems
Publisher : Cambridge University Press
Page : 591 pages
File Size : 21,76 MB
Release : 2022-03-24
Category : Law
ISBN : 110884085X
Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.
Author : Andrew Robertson
Publisher : Bloomsbury Publishing
Page : 472 pages
File Size : 35,18 MB
Release : 2016-01-28
Category : Law
ISBN : 1782256571
The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilising influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including national and international human rights instruments, local statutory regimes, civil law influences, regional harmonisation, local circumstances and values and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A second collection, entitled Divergences in Private Law (ISBN: 9781782256601), will focus on particular departures from the common law mainstream and the causes and effects of those deviations.