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Eco-socialism as Politics: Rebuilding the Basis of Our Modern Civilisation
Par Qingzhi Huan. 2010
This volume consists of analyses by experts from both the West and the East on the up-to-date development of Eco-socialism…
as a red-green politics within the context of capitalist globalisation. It investigates whether and/or in what sense Eco-socialism can offer a better explanation to the causes of ecological problems than the other Green discourses - such as deep ecology and ecological modernisation theory, and thus has more contributions to make in dealing with the deteriorating ecological crisis throughout the world.Humiliation, Degradation, Dehumanization
Par Hannes Kuch, Paulus Kaufmann, Christian Neuhaeuser. 2010
Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition - these concepts point to ways in which we understand human beings to be…
violated in their dignity. Violations of human dignity are brought about by concrete practices and conditions; some commonly acknowledged, such as torture and rape, and others more contested, such as poverty and exclusion. This volume collates reflections on such concepts and a range of practices, deepening our understanding of human dignity and its violation, bringing to the surface interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger. In presenting a streamlined discussion from a negative perspective, complemented by conclusions for a positive account of human dignity, the book is at once a contribution to the body of literature on what dignity is and how it should be protected as well as constituting an alternative, fresh and focused perspective relevant to this significant recurring debate. As the concept of human dignity itself crosses disciplinary boundaries, this is mirrored in the unique range of perspectives brought by the book's European and American contributors - in philosophy and ethics, law, human rights, literature, cultural studies and interdisciplinary research. This volume will be of interest to social and moral philosophers, legal and human rights theorists, practitioners and students.The Politics of Military Reform
Par Hans Born, Jürgen Rüland, Maria-Gabriela Manea. 2011
This volume seeks to explain why democratization and military reforms stagnate in newly democratizing countries. The contributions blend historical, ideational,…
cultural and structural explanatory factors to analyze the trajectories of military reform in Indonesia and Nigeria, two major regional powers that share many structural commonalities. In the tradition of the literature on security sector reform (SSR), the book not only scrutinizes executive initiatives toward military reform, but also provides ample coverage of societal actors. Findings show that while military reform is stagnating in both countries, societal forces ought to be taken into account more as major driving forces in explaining military reform. Several chapters study how legislatures, non-governmental organizations and the civilian defence epistemic community contribute to the transformation of military institutions. The last part of the book tackles another aspect rarely studied in the literature on military reform, namely, the role of militias in military reform.Asian Discourses of Rule of Law
Par Randall Peerenboom. 2004
Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development,…
the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.Netherlands Yearbook of International Law 2015
Par Maarten Den Heijer, Harmen van der Wilt. 2016
Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the…
Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development.Since the end of the Cold War, the Middle East has been the focus of various projects for the establishment…
of arms control (including CBMs) regimes. Whereas some of these projects were initiated at the global level, others were discussed and debated at the regional level. This book analyses the global and regional dynamics of arms control in the Middle East in the post-Cold War era. It examines American and European arms control projects, the contexts in which they were presented, the reactions of major regional actors, and their impacts on arms control efforts in the region. It assesses Arab perceptions of the motivations for and constraints on establishing arms control regimes. It also explores the prospects of regional arms control in the context of the ongoing Arab Spring with its ramifications for Arab regional politics, and provides a new perspective on arms control in the Middle East. This volume enriches the ongoing discourse, which to date has been dominated by mainly Western perspectives.Young People’s Human Rights and the Politics of Voting Age
Par Sonja C. Grover. 2010
Young People's Human Rights and The Politics of Voting Age explores the broader societal implications of voting age eligibility requirements…
and the legislative bar against youth voting in North America and in Commonwealth countries (where 'youth' is defined as persons 16 and over but under age 18). The issue is raised as to whether the denial of the youth vote undermines democratic principles and values and ultimately the human dignity of youth. This is the first book to address the topic of the youth vote in-depth as a fundamental human rights concern relating to the entitlement in a democracy to societal participation and inclusion in influencing policy and law which profoundly affects one's life. Also examined are international perspectives on the issue of voting age eligibility. The book would be extremely valuable for instructional purposes as one of the primary texts in undergraduate or graduate courses on children's human rights, political psychology, political science , sociology of law or society and as a supplementary text for courses on human rights or constitutional law and would be of interest also to members of the general public concerned with children's human rights issues.International Straits
Par Ana G. López Martín. 2009
This book analyzes the regime of navigation in historical relation to the United Nations Convention of the Law of Sea…
(UNCLOS) of 10 December 1982, and then analyzes in detail the concept of international straits to arrive at a complete definition. This work examines the eight categories of straits laid out in the UNCLOS. It analyzes the right of innocent passage and the regime of transit passage, both systems of navigation in international straits, and then presents the domestic legislation and the traffic separation schemes which apply to international straits. Finally, the work includes a complete catalogue of straits with the reference to their respective UNCLOS articles.Nonprofit? Stay out of IRS trouble with the ultimate corporate housekeeping tool! Nearly 1.5 million nonprofit organizations are busy preserving…
historic sites, saving libraries, helping the homeless, greening our cities--and so much more. Yet, while some have sophisticated record-keeping systems, most nonprofits are staffed by volunteers who need help running the organization and keeping up a proper--and legal--paper trail. Help has arrived! With Nonprofit Meetings, Minutes & Records, you'll get the all-in-one solution every nonprofiteer needs to hold meetings and document actions taken by board members. Step by step, it walks readers through: calling meetings appointing officers taking minutes making resolutions voting on proposals adjourning meetings working with a lawyer, if necessary, and finding a tax adviser. Nonprofit Meetings, Minutes & Records also provides useful tips and advice on how to do important tasks, such as organizing records, preparing meeting folders, and taking minutes. Plus, all necessary legal documents are included for you to fill out. It's everything you need to keep your nonprofit running smoothly and legally.Jurisprudence and Theology
Par Joseph E. David. 2014
The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the 'Word of God' -…
the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.The Breeder's Exception to Patent Rights
Par Viola Prifti. 2015
This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with…
article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder's exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.Schoolchildren as Propaganda Tools in the War on Terror
Par Sonja C. Grover. 2010
This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda…
tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high.Yearbook of International Humanitarian Law Volume 15, 2012
Par Christophe Paulussen, Terry D. Gill, Robin Geiß, Robert Heinsch, Tim Mccormack, Jessica Dorsey. 2014
'Child Soldiers and the Lubanga Case' and 'The Tallinn Manual on the International Law Applicable to Cyber Warfare' are the…
two central themes of this volume. Each of these timely topics is addressed from three different angles, providing a truly comprehensive analysis of the subject. The book also features an article on the duty to investigate civilian casualties during armed conflict and its implementation in practice and an elaborate year in review, discussing developments that occurred in 2012. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.Law, Order and Freedom
Par J.R. de Ville, C. W. Maris, F.C.L.M. Jacobs. 2011
The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around…
the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.Teaching Environmental Health to Children
Par David W. Hursh, Hilarie B. Davis, Camille A. Martina, Michael A. Trush. 2010
Every day we are exposed to toxins and toxicants that can impact our health. Yet we rarely teach elementary and…
secondary students about these exposures and how they can reduce their risk to them. In this book we highlight activities and curriculum developed at nine universities in the United States from a grant funded by the National Institute of Environmental Health Sciences. Our goal is to extend these lessons to a global audience and for classroom teachers of all subjects and age levels to include environmental health in their teaching. 'An invaluable tool for equipping informed citizens to think about the environment and its human impacts --both the science, and equally important, the social and ethical dimensions' , Howard Frumkin, M.D., Dr. P.H., Dean, School of Public Health, University of Washington, Seattle, WA, USAThe Matrix of Derivative Criminal Liability
Par Gabriel Hallevy. 2011
Derivative criminal liability includes inchoate offenses (criminal attempt, conspiracy, preparatory offenses, etc.), complicity (joint perpetration, perpetration through another, incitement, solicitation,…
accessoryship, etc.), organized crime, natural and probable consequences liability, post-crime aid, enterprise liability, terrorism and terrorist infrastructure, and many more forms of criminal liability, clearly making it a major pillar of modern criminal law. Although derivative criminal liability affects countries worldwide, there is still no general legal theory that covers this issue. The objective of the present book is to develop a comprehensive, general, legally sophisticated, and at the same time practical theory of derivative criminal liability. The book emphasizes the practicality of the theory to enable courts, lawyers, legislators, attorneys, students, and academics to apply it in their daily professional occupations.European Business Ethics Casebook
Par Wim Dubbink, Henk Van Luijk, Luc Van Liedekerke. 2010
Business cases are at the heart of business ethics as a discipline. Analysis and reflection on the morality of business…
often is triggered by concrete cases. After four introductory chapters into recent developments within business ethics and the value of case analysis, the present volume offers extensive description of eight recent European cases, mainly stemming from The Netherlands and Belgium and all of them with a clear moral impact. Among them are the Lernout and Hauspie speech technology disaster, Heineken struggle with the promotion girls selling beer in Cambodia, cartels in the Dutch construction industry, the pharmaceutical industry and the Aids crisis, and Unilever allegedly making use of child labour in the cotton industry in India. The book will be of interest to researchers as well as teachers of undergraduate and graduate courses in Business Ethics, Business in Society, Management and Organisation Theory and Strategic Management. It will also be useful for business practitioners eager to learn about business ethics by means of cases.Law and Religious Cultural Heritage in Europe
Par Theodosios Tsivolas. 2014
This book examines in detail both historical and current legal concepts of 'religious cultural heritage' within the context of the…
European continent. The latter group is primarily based on the variety of sacred cultural elements emanating from the different religious traditions of the peoples of Europe, which are deemed worthy of protection and preservation due to their outstanding value, in terms of their social, cultural and religious significance. In view of this, the study provides evidence of the European States' active involvement with their sacred/cultural treasures, on the basis of the political and legal foundations of neutrality and pluralism. Furthermore, the book analyzes all relevant international legislative instruments (i. e. the plethora of EU, EC and UNESCO norms), as well as all major European legislative patterns, in light of their significance for the aforementioned aspects of pluralism and neutrality. The interdisciplinary references listed at the end of each chapter provide an additional incentive for further reading on the subject matter. The most important finding to emerge from the study is that there is a shared legal ethos in Europe that imposes a duty of appropriate care concerning the vast variety of sacred cultural goods and the religious cultural heritage in general, as an invaluable repository of European cultural capital. It also considers the sui generis nature of this capital: like any other type of asset, it may deteriorate or fade over time, necessitating investment in its preservation or refurbishment; nevertheless, like no other, this particular capital maintains a distinct cultural value, as it contains an additional characteristic of 'sacredness' expressed in the form of its 'religious character,' the latter being analyzed as a triptych of religious memory, religious aesthetics and religious beliefs.EU External Relations Law and Policy in the Post-Lisbon Era
Par Paul James Cardwell. 2011
This is a collection of works which considers the many different facets of the EU's increasingly important engagement with the…
world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the 'pillar' structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of 'internal' security. Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.Despite the enormous diversity and complexity of financial instruments, the current taxation of hybrid financial instruments and the remuneration derived…
therefrom are characterized by a neat division into dividend-generating equity and interest-generating debt as well as by a coexistence of source- and residence-based taxation. This book provides a comparative analysis of the classification of hybrid financial instruments in the national tax rules currently applied by Australia, Germany, Italy and the Netherlands as well as in the relevant tax treaties and EU Directives. Moreover, based on selected hybrid financial instruments, mismatches in these tax classifications, which lead to tax planning opportunities and risks and thus are in conflict with the single tax principle, are identified. To address these issues, the author provides reform options that are in line with the dichotomous debt-equity framework, as he/she suggests the coordination of either tax classifications or tax treatments.