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Financing Services of General Economic Interest
Par Erika Szyszczak, Johan Willem Gronden. 2012
This book examines the legacy of the 2003 ruling of the Court of Justice of the European Union in Altmark.…
This case changed the direction of how Services of General and Economic Interest (SGEI) should be funded in the EU against a background of liberalisation, and the need for efficiency and global competitiveness. The book examines the European Commission's response to the Altmark ruling in the measures known as the 'Altmark-Monti-Kroes Package' and charts the review of this package from 2009 culminating in a new package of measures, known as the 'Almunia Package'. The seemingly technocratic idea of a review of the 'Altmark-Monti-Kroes Package' could not have anticipated the demanding and changed economic and constitutional context of the EU in 2009. It is in this light that the authors in this book explore in great detail the different components of the new 'Almunia Package' of measures introduced in 2011-2012, offering a critical review and highlighting where the future direction of the regulation of SGEI may lead as the EU struggles in an economic climate of austerity to balance a new constitutional dimension of a 'highly competitive social market economy' with a modernisation agenda for the single market.Ethical Issues in Prison Psychiatry
Par Birgit Völlm, David N. Weisstub, Norbert Konrad. 2014
Recent surveys demonstrate a high and possibly increasing prevalence of mental disorders in prisoners. They have an increased risk of…
suffering from a mental disorder that transcends countries and diagnoses. Ethical dilemmas in prison psychiatry arise from resource allocation and include issues of patient choice and autonomy in an inherently coercive environment. Ethical conflicts may arise from the dual role of forensic psychiatrists giving raise to tensions between patient care/protection of the public.This book describes models and ethical issues of psychiatric healthcare in prison in several countries. Relevant issues are: the professional medical role of a psychiatrist and/or psychotherapist working in prison, the involvement of psychiatrists in disciplinary or coercive measures; consent to treatment, the use of coercion in forcing a prisoner to undergo treatment, hunger strike, confidentiality. The book ends with consensus guidelines concerning good practice in Prison Psychiatry.The Crime of Conspiracy in International Criminal Law
Par Juliet R. Amenge Okoth. 2014
This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international…
criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute's purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.A Teacher's Guide to Education Law
Par Michael Imber, Tyll Van Geel, J. C. Blokhuis, Jonathan Feldman. 2014
Adapted from its parent volume Education Law, 5th Edition, this accessible text concisely introduces topics in law that are most…
relevant to teachers. Providing public school teachers with the legal knowledge necessary to do their jobs, A Teacher’s Guide to Education Law covers issues of student rights, discipline, negligence, discrimination, special education, teacher rights, hiring and firing, contracts, unions, collective bargaining, and tenure. Special Features: This revised edition includes new content on bullying, privacy, discrimination, school finance, and issues relating to Internet and technology, as well as updated references and case law throughout. To aid comprehension, technical terms are carefully explained and summaries of key topics and principles are provided. Case law is presented within the context of real-world examples, making this text accessible to pre-service teachers who have little background in law. A companion website provides additional resources for students and instructors, such as links to full cases and a glossary of key concepts.Non-State Regulatory Regimes
Par Myriam Senn. 2010
Non-State Regulatory Regimes explores how the concept of regulation continues to evolve. The focus is placed on those forms of…
regulation that are different from state regulation or present alternatives to state regulation. Departing from an analysis of the goals and policies of the traditional regulatory state, the emergence of 'regulation by other means' is examined. The approach is interdisciplinary encompassing various perspectives be they legal, political, international relations-based, economic, or sociological. The task of comprehending non-state regulation is a daunting one. To date, a number of essays already exist, which concentrate on specific aspects of the issue. In comparison to these essays, this study is innovative in that it applies a holistic view. Linking public policy approaches to regulation, it draws a theoretical path to understanding the emergence and persistence of non-state jurisdictional assertions and regulatory regimes.The Growth Spiral: Money, Energy, and Imagination in the Dynamics of the Market Process
Par Hans Christoph Binswanger. 2013
This book develops a new theory of the modern economy. Conventional economic theory is (still) based on an essentially static…
notion of equilibrium. In contrast, this book offers an analysis of the economic process based on a truly dynamic approach. It understands modern economic activity as manifesting itself in a growth spiral. There are two main drivers of the dynamics of this spiral: steady money creation in the banking system, on the one hand; and the continuous inflow of energy and raw materials through the exploitation of natural resources, on the other. Both driving forces are generally neglected by the conventional theory. Understanding their role is absolutely essential for preventing our economy from being more and more exposed to financial and ecological crises. This book offers important insights about the functioning of the modern economy and addresses the specialist as well as the interested lay reader.Semiotics of International Law
Par Evandro Menezes de Carvalho. 2010
Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed…
through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, - who belong to different legal cultures and who, on many occasions, speak different mother tongues - ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO's Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.European Democratic Institutions and Administrations: Cohesion and Innovation in Times of Economic Crisis
Par Francesco Merloni, Alessandra Pioggia. 2018
This book presents the results of extensive international comparative research into the effects of the economic and financial crisis on…
democratic institutions and social cohesion policies The collected studies describe and analyse the measures often referred to as reforms adopted to counter the crisis and the effects of these measures It investigates three areas the impact on the functioning of institutions with respect to the relationship between representative institutions and governments and the organisational structure of administrations at national and local levels the impact that the austerity policies on public spending have on social rights and the impact on traditional instruments of public action administrative simplification public services delivering the use of common assets The general findings highlight the effect of reducing the administrative and government capacity of the democratic institutions the public sector rather than being innovative and made more effective declines offering increasingly poor public services and making bad decisions fuelling substantive or formal privatisation solutions which in turn cause further weakeningFundamental Labour Rights in China - Legal Implementation and Cultural Logic
Par Yifeng Chen. 2016
This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal…
framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China's domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.Law and Regulation of Aerodromes
Par Ruwantissa Abeyratne. 2014
This book encapsulates in detail the principles pertaining to legal and regulatory aspects of aerodromes. As the title denotes, it…
discusses the various aspects of the structure and functioning of an aerodrome and the complexities involved. It focuses on the law and regulation of aerodrome certification and planning, aerodrome services, financial and economic planning, security, management and governance. The airport industry is one of the fastest growing within the aviation industry, requiring innovation and creativity in management. This in turn has called for an increased focus on advanced management programmes for airport managers and lawyers. The Airport Management Professional Accreditation Programme (AMPAP) offered worldwide by the International Civil Aviation Organization and Airports Council International, and the Angkasa Pura II Airport Management Excellence Programme of Indonesia are two such initiatives which give airport professionals a sound grounding on the principles and techniques of management and law.Global Claims in Construction
Par Ali Haidar. 2011
In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or…
proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the importance of understanding causation, factual necessity and the courts' attitude and approach to global claims. Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.Farthing on International Shipping
Par Mark Brownrigg, Proshanto K. Mukherjee. 2012
The book provides an introduction to shipping in all its aspects. It is a valuable source of information for students…
of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.The Criminalisation of Migration in Europe
Par Valsamis Mitsilegas. 2015
This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts…
forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.Most-Cited Scholars in Criminology and Criminal Justice, 1986-2010
Par David P. Farrington, Ellen G. Cohn, Amaia Iratzoqui. 2014
This brief examines the influence and prestige of scholars and works in the field of Criminology and Criminal Justice, as…
well as changes in influence and prestige over a period of 25 years, based on citation analysis. Methods of measuring scholarly influence can be highly controversial, but the authors of this work clearly outline their methodology, developed over years of experience working with this area of study. Through their expertise in Criminology and Criminal Justice, they are able to solve problems that affect or confound many traditional forms of citation analysis, such as irregularly cited references or self-citations. It includes 25 years of data (1986 through 2010) on the most-cited scholars and works in major American and international Criminology and Criminal Justice journals, and provides an objective measure of influence and prestige. Through an analysis of the data, the authors also document the intellectual development of criminology and criminal justice as a field of study since 1986. They highlight the development of research trends and indicate areas for future research. This book is designed for use by scholars and academics in the fields of Criminology and Criminal Justice, and the methodology will be of interest to researchers in related disciplines, including Sociology and Social Psychology. -- Cohn, Farrington, and Iratzoqui provide an invaluable service in unpacking the criminological enterprise. Using systematic citational analysis, they illuminate the core patterns of scholarly influence that have shaped the field's development. This volume is an essential resource for all those wishing to understand which scholars and writings have done most--within and across time periods--to affect thinking about crime and justice. Francis T. CullenDistinguished Research ProfessorUniversity of Cincinnati - Citation analyses have become one of the most significant measures of scholarly influence. They are especially useful for revealing major trends over time regarding authors and the topics of interest to the wider field. Cohn, Farrington, and Iratzoqui's Most Cited Scholars in Criminology and Criminal Justice, 1986-2010 provides the most up-to-date, comprehensive, and longitudinal investigation of scholarly influence in criminology/criminal justice. This resource is a most interesting read, one that supplies not a mere counting of citations but clear ideas about where the field has been centered and where it is trending into the future. Alex R. PiqueroAshbel Smith Professor of Criminology University of Texas at DallasDefining the Limits of Outer Space for Regulatory Purposes
Par Olavo de Oliviera Bittencourt Neto. 2015
With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this…
Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.Is this Cell a Human Being?
Par Antoine Suarez, Joachim Huarte. 2010
The central question of this book is whether or not particular cell entities of human origin ought to be considered…
human beings. The answer is crucial for making moral decisions for or against research and experimentation. Experts in the field discuss the production of embryonic-like pluripotent stem cells by altered nuclear transfer, parthenogenesis and reprogramming of adult somatic cells. They thoroughly analyse the biological and moral status of different cell entities, such as human stem cells, embryos and human-animal hybrid embryos, and make a decisive step towards establishing final criteria for what constitutes a human being. The topic is challenging in nature and of broad interest to all those concerned with current bioethical thought on embryonic human life and its implications for society.Intellectual Property Rights in China
Par Andy Scott, Sam Woollard, Chris Devonshire-Ellis. 2010
This Guide is a detailed overview of all aspects of IPR and protection in China. Produced in association with AWS,…
the Austrian Federal Bank's specialist IPR unit based in Shanghai, this is an essential work for any businessman trading with or conducting business in China. From covering protocol for dealing with Trade Fairs, to the application processes for trademarks, patents, copyright and licensing, as well as dealing with infringements and enforcement,this guide is a practical reference for any businessman with concerned with their IPR in China.Leadership, Gender, and Organization
Par Patricia Werhane. 2011
This text provides perspectives on the way in which gender plays a role in leadership dynamics and ethics within organizations.…
It seeks to offer new theoretical models for thinking about leadership and organizational influence. Most studies of women's leadership draw on an ethics of care as characteristic of the way women lead, but as such, it tends towards essentialist gender stereotypes and does little to explain the complex systemic variables that influence the functioning of women within organizations. This book moves beyond the canon in exploring alternative paradigms for thinking about leadership and gender in organizations. The authors draw on the literature available in systems thinking, systemic leadership, and gender theory to offer alternative perspectives for thinking about the ways women lead. The book offers invaluable theoretical perspectives and insightful narratives to graduate students and researchers who are interested in women's leadership, gender and organization. It will be of interest to all women in leadership positions, but specifically to those interested in understanding the systemic nature of leadership and their role within it.Electronic Signatures for B2B Contracts: Evidence from Australia
Par Aashish Srivastava. 2013
The last few centuries have seen paper-based documents and manuscript signatures dominate the way businesses enter into a contractual relationship…
with each other. With the advent of Internet, replacing paper-based contracts with B2B electronic contracts is a possibility. However, an appropriate technology and an enabling legislation are crucial for this change to happen. On the technology front this feature has the potential to enable business executives to sit in front of their computer and sign multi-million dollar deals by using their electronic signatures. On the legal front various pieces of legislation have been enacted and policies developed at both national and international levels to give legal recognition to such type of contracts. This book presents the findings of an empirical study on large public listed Australian companies that examined businesses' perception towards the use of electronic signatures in B2B contracts. Essentially, it identifies six key factors that create a disincentive to businesses to move from the practice of paper- based signatures to the new technology of electronic signatures. This book offers legal practitioners, academics and businesses insights into issues associated with the use of electronic signatures and suggests a number of measures to promote its usage in B2B contracts.Legal Risks in EU Law
Par Emilia Mišćenić, Aurélien Raccah. 2016
This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of…
different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union's approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States' laws, which create barriers to trade and hinder the Union's economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union's smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.