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Mental Health in South Asia: Ethics, Resources, Programs and Legislation
Par Jitendra Kumar Trivedi, Adarsh Tripathi. 2015
Asia is by far the largest continent in the world in terms of area with population exceeding 3. 5 billion…
and has dozens of cultures, religions, languages and ethnic groups. As a result of its highly varied political systems, Asia also spawns a wide variety of health care systems including mental health care systems, often based on historical roots and at times colonial heritages. The people who suffer from mental or neurological disorders in the continent form a vulnerable section of society and often face stigma, discrimination and marginalization in all societies, and this increases the likelihood that their human rights will be violated This book tackles the issue of mental health legislation in South Asia The first of its kind, it addresses an issue that is necessary for protecting the rights of people with mental disorders and serves as an essential text for reinforcing mental health policy in South Asia It is a timely addition to our global understanding of mental health and how different regions address it.Divergence and Convergence of Automobile Fuel Economy Regulations
Par Masahiko Iguchi. 2015
This book reveals the mechanisms underlying the convergence of car fuel economy regulations in Europe, Japan and the US by…
drawing upon a constructivist theory of International Relations and law that focuses on business competition and environmental regulations. It offers new understanding of the topic of cars and an issue of climate change, discussing the emerging phenomenon of convergence of fuel economy regulations; addressing the role of business actors in pushing for climate change action; proposing the new model of agency with and beyond states; and providing insightful case studies from Europe, Japan and the US. The opening chapter reviews the automobile industry and global climate change, providing a background for the discussion to follow. Chapter 2, Business Actors and Global Environmental Governance, grounds the discussion in the field of environmental governance. The third chapter is a case study examining the construction and timing of the European Union's climate policies for automobile CO2 emissions, discussing the underlying factors and the actors influencing the policies. The following chapter argues that Japan adopted its stringent fuel economy regulations primarily because of industry competitiveness, motivated by stringent environmental regulations in export markets and encouraged by a tradition of 'co-regulation' and 'corporatism' to enhance the regulations. Chapter 5 asks why the US, the first country to introduce fuel economy regulations, spent two decades in regulatory stagnation, and discusses how recent US fuel economy regulations came to converge with Japanese and European standards. Chapter 6 compares, contrasts and analyzes fuel economy regulations among the three case studies and identifies policy implications for the future climate governance for 2015 and beyond. The final chapter explores applicability of the 'agency with and beyond the state' model to other sectors and to climate governance as a whole.Self-Help, Private Debt Collection and the Concomitant Risks
Par Cӑtӑlin Gabriel Stӑnescu. 2015
The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. Self-help remedies…
and private debt collection are largely but not exclusively features of common law jurisdictions, since remnants of private enforcement can still be found in contract law in civilian systems. The book argues that - despite their usefulness - self-help and private debt collection entail significant risks, especially for consumer debtors. This means that private enforcement needs to be accompanied by the introduction of tailor-made consumer-debtor protection regulation. Specific attention is given to factoring, which functions in many instances as a form of pseudo-private debt collection and which has been exploited to bypass sector-specific consumer protection regulations.Twenty-five new runways would eliminate most air travel delays in America; fifty patent owners are blocking a major drug company…
from creating a cancer cure; 90 percent of our broadcast spectrum sits idle while American cell phone service suffers. These problems have solutions that can jump-start innovation and help save our troubled economy. So, what’s holding us back? Michael Heller, a leading authority on property, reveals that while private ownership creates wealth, too much ownership means that everyone loses. Startling and accessible, The Gridlock Economy offers insights on how we can overcome this preventable paradox.Lawyers and Mediation
Par Bryan Clark. 2011
This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law…
world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.The Global Age: NGIOA @ Risk
Par Jayshree Pandya. 2012
Dr. Jayshree Pandya, founder of Risk Group LLC (http://www.riskgroupllc.com), is ahead of the curve in addressing the changing global fundamentals…
of the emerging Global Age. Global Age, and its changing global fundamentals has brought complex, chaotic, and turbulent times for every nation--where failures at all levels have come to become self-evident, repetitive, destructive, and potentially hopeless in nature and uncertainty. Nations are caught off guard. From what is visible across nations today, the promise of progress and prosperity for all nations does not seem to have materialized in a Global Age. Instead of progress and prosperity, what is visible today is crisis and catastrophe that is overpowering and overwhelming the capability of most nations to meet their promise of progress and prosperity. Nations are in crisis. This introductory book Global Age: NGIOA @ Risk addresses the global shifts and the changing global fundamentals of Global Age, to lay out much needed foundation of an integrated NGIOA risk governance framework for the coming tomorrow. This book will make a convincing case for the far-reaching need and understanding of global risk concepts, global risk fundamentals, and risk centric integrated NGIOA governance. The integrated NGIOA risk governance approach proposed and discussed in this initiative is rational, practical, and feasible. It will help create a dynamic, vibrant, and sustainable NGIOA economy of a Global Age. This initiative is a first step towards that.European Yearbook of International Economic Law (EYIEL), Vol. 4
Par Markus Krajewski, J rg Philipp Terhechte, Christoph Herrmann. 2012
Part one of Volume 4 (2013) of the European Yearbook of International Economic Law offers a special focus on recent…
developments in international competition policy and law. International competition law has only begun to emerge as a distinct subfield of international economic law in recent years, even though international agreements on competition co-operation date back to the 1970s. Competition law became a prominent subject of political and academic debates in the late 1990s when competition and trade were discussed as one of the Singapore issues in the WTO. Today, international competition law is a complex and multi-layered system of rules and principles encompassing not only the external application of domestic competition law and traditional bilateral co-operation agreements, but also competition provisions in regional trade agreements and non-binding guidelines and standards. Furthermore, the relevance of competition law for developing countries and the relationship between competition law and public services are the subject of heated debates. The contributions to this volume reflect the growing diversity of the issues and elements of international competition law. Part two presents analytical reports on the developments of the regional integration processes in North America, Central Africa and Southeast Asia as well as on the treaty practice of the European Union. Part three covers the legal and political developments in major international organizations that deal with international economic law, namely the IMF, WCO, WTO, WIPO, ICSID and UNCTAD. Lastly, part four offers book reviews of recent works in the field of international economic law.The Ethics of Tax Evasion
Par Robert W. Mcgee. 1997
Why do people evade paying taxes? This is the central question addressed in this volume by Robert McGee and a…
multidisciplinary group of contributors from around the world. Applying insights from economics, public finance, political science, law, philosophy, theology and sociology, the authors consider the complex motivations for not paying taxes and the conditions under which this behavior might be rationalized. Applying theoretical approaches as well as empirical research, The Ethics of Tax Evasion considers three general arguments for tax evasion: (1) in cases where the government is corrupt or engaged in human rights abuses; (2) where citizens claim inability to pay, unfairness in the tax system, paying for things that do not benefit the taxpayer, excessively high tax rates, or where taxes are used to support an unpopular war; and (3) through philosophical, moral, or religious opposition. The authors further explore these issues by asking whether attitudes toward tax evasion differ by country or other demographic variables such as gender, age, ethnicity, income level, marital status, education or religion. The result is a multi-faceted analysis of tax evasion in cultural and institutional context, and, more generally, a study in ethical dilemmas and rational decision making.The New Faces of Victimhood
Par Jan Van Dijk, Rianne Letschert. 2010
Besides generating wealth, globalization makes victims, including victims of new forms of crime. In this edited book of scholarly essays,…
international lawyers and criminologists reflect on the legal challenges posed by these dark sides of globalization. Examples include transnational organised crime, human trafficking and corruption, cyber crimes, international terrorism, global corporate crime and cross-border environmental crimes. The authors reflect on the limits of domestic systems of justice in providing protection, empowerment and redress to the victims of these emerging forms of global insecurity. They argue for the need of better international or supra-national institutional arrangements such as legal instruments and actions of the United Nations or regional organizations such as the European Union. In part I Jan Van Dijk and Rianne Letschert present an overview of trends in criminal victimization against the backdrop of globalization using a unique set of statistical indicators. By placing this issue in the framework of the human security concept, the authors draw out its broader political and normative implications. Theologist Ralf Bodelier explains how modern communication technologies have heightened sensitivities among the general public for human insecurities anywhere in the world. In his view, a new global conscience is in the making that may become the cornerstone of international solidarity and action. Marc Groenhuijsen and Rianne Letschert describe the emergence of national and international legal and institutional arrangements to offer remedies to victims of crime in an era of globalization. In part II a selection of experts analyse the specific issues surrounding the protection and empowerment of victims of different types of international crimes such as human trafficking, organised crime/corruption, terrorism, global corporate crime and cross border environmental crimes. In part III focused attention is given to the special challenges and opportunities of protecting and assisting crime victims in cyberspace. Part IV deals with emerging victim issues in humanitarian law such as the accountability of private military companies and the implementation of the ambitious victim provisions in the statute of the International Criminal Court including the establishment of a global fund for reparations. In the final part of the book some of its core authors formulate their ideas about the international institutional arrangements that should be put in place to offer justice to the victims of globalization. A concrete proposal is made for the transformation of the United Nations 1985 Declaration on the Principles of Justice for Victims of Crime and Abuse of Power into a full-fledged UN convention. In the final chapter further proposals are made for the increased involvement of regional organisations such as the European Union in the protection of victims of global crime.Reasonableness and Responsibility: A Theory of Contract Law
Par Mart n Hevia. 2012
If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the…
institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction - that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.Layered Global Player
Par Henri De Waele. 2010
Layered Global Player offers a concise but thorough overview of the principles of EU external relations law. By closely examining…
the role of the European Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting the legal developments in their historical and political context. The book contains up-to-date analyses of topics such as the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers with regard to the environment, fundamental human rights and development cooperation. It also includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. Overall, this book couples an innovative design with comprehensive coverage and an engaging style of writing. Its compactness and accessibility enable readers to master the main features of this dynamic field of law with ease, making it an indispensible resource for scholars and practitioners alike.The Impact of WTO SPS Law on EU Food Regulations
Par Chris Downes. 2014
This book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of…
the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations. Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes. It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms - the WTO SPS Committee and Codex Alimentarius - to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations.The Secret History of the War on Cancer
Par Devra Davis. 2007
The War on Cancer set out to find, treat, and cure a disease. Left untouched were many of the things…
known to cause cancer, including tobacco, the workplace, radiation, or the global environment. Proof of how the world in which we live and work affects whether we get cancer was either overlooked or suppressed. This has been no accident. The War on Cancer was run by leaders of industries that made cancer-causing products, and sometimes also profited from drugs and technologies for finding and treating the disease. Filled with compelling personalities and never-before-revealed information, The Secret History of the War on Cancer shows how we began fighting the wrong war, with the wrong weapons, against the wrong enemies-a legacy that persists to this day. This is the gripping story of a major public health effort diverted and distorted for private gain. A portion of the profits from this book will go to support research on cancer prevention.Law and Practice of Foreign Arbitration and Enforcement of Foreign Arbitral Awards in Pakistan
Par Ahmad Ali Ghouri. 2012
Pakistan has recently reformed its arbitration laws and laws on the recognition and enforcement of foreign arbitration agreements and awards.…
These reforms relate to both international commercial and investment arbitration. This book highlights the changes brought about by the recent enactments and explains the relationships between the old and new legislation. It provides a detailed and up-to-date analysis of Pakistani case law on foreign arbitration agreements and awards. Part I describes the background of arbitration laws in Pakistan. Part II explains the applicable substantive and procedural rules for the recognition and enforcement of foreign arbitration agreements and awards and other important issues, such as the severability of arbitration clauses from main agreements, questions of public policy, and interim measures supporting foreign arbitration. Part III analyses the recent enactments that implement the New York and the ICSID Conventions in Pakistan.The Consumer Benchmarks in the Unfair Commercial Practices Directive
Par Bram B. Duivenvoorde. 2015
This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this…
regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive's goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.Who Will Be the Next President?
Par Alexander S. Belenky. 2012
This book addresses the peculiarities of the current presidential election system not yet addressed in other publications. It argues that…
any rules for electing a President that may have a chance to replace the current ones should provide an equal representation of states as equal members of the Union, and of the nation as a whole. This book analyzes the National Popular Vote plan and shows that this plan may violate the Supreme Court decisions on the equality of votes cast in statewide popular elections held to choose state electors. Thus, the National Popular Vote plan may violate the Equal Protection Clause of the Fourteenth Amendment. The book proposes a new election system in which the will of the states and the will of the nation as a whole are determined by direct popular elections for President and Vice President in the 50 states and in D.C. This system a) would elect President a candidate who is the choice of both the nation as a whole and of the states as equal members of the Union, b) would let the current system elect a President only if no such candidate exists, and c) would encourage the candidates to campaign nationwide. From the contents: The initial design of the Electoral College: basic ideas, logical mistakes, and overlooked problems.- The Electoral College today.- Curbing contingent elections.- Inconvenient facts about the Electoral College.- The Electoral College and campaign strategies.- The National Popular Vote plan: a brilliant idea or a dead-on-arrival delusion?.- Equalizing the will of the states and the will of the nation.- Conclusion.Law and Economics in Europe
Par Klaus Mathis. 2014
This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general…
and specific legal fields - are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.Legal Fictions in Theory and Practice
Par William Twining, Maksymilian Del Mar. 2015
This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal…
practice, examining and evaluating their roles in a variety of different areas of practice (e. g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e. g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen's review of Vaihinger's As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.Exclusionary Rules in Comparative Law
Par Stephen C. Thaman. 2012
This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes…
15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court's duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.Good Faith in Insurance and Takaful Contracts in Malaysia
Par Haemala Thanasegaran. 2016
This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform…
of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia. The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.