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Regulation of Commercial Space Transport
Par Ruwantissa Abeyratne. 2015
This book provides a look at the various nuances of the commercial aspects of space transport and offers a workable…
and practical legal and regulatory approach to be taken by the International Civil Aviation Organization. The book also addresses the perceived lack of wisdom in neglecting to consider the basic legal structure of a regulatory regime for commercial space transport as a first step and goes on to analyze ways and means of using the existing legal instruments pertaining to international civil aviation as an analogous system that can be moulded into a separate and cohesive set of multilateral legal instruments that could apply to commercial space transport. As expected, commercial space transport has taken off with a flourish. It is now evident that, from sub-orbital flights to mining asteroids, this industry will grow exponentially. Signs of its importance are reflected by various international conferences being convened on the subject both by academia and the international community. The only snag is the lack of a regulatory instrument or in the least a contrived approach to a definitive legal regime that would provide a structure, purpose and direction to commercial space transport. This blatant lacuna and neglect has resulted in the emergence of various theories by academics and a half hearted look at the subject by the international legal community.The Politics of Shari’a Law
Par Michael Buehler. 2016
The Islamization of politics in Indonesia after 1998 presents an underexplored puzzle: why has there been a rise in the…
number of shari'a laws despite the electoral decline of Islamist parties? Michael Buehler presents an analysis of the conditions under which Islamist activists situated outside formal party politics may capture and exert influence in Muslim-majority countries facing democratization. His analysis shows that introducing competitive elections creates new pressures for entrenched elites to mobilize and structure the electorate, thereby opening up new opportunities for Islamist activists to influence politics. Buehler's analysis of changing state-religion relations in formerly authoritarian Islamic countries illuminates broader theoretical debates on Islamization in the context of democratization. This timely text is essential reading for students, scholars, and government analysts.Life after the Diagnosis: Expert Advice on Living Well with Serious Illness for Patients and Caregivers
Par Steven Pantilat. 2017
For a time of growing concern about living well with serious illness and getting the best possible end-of-life care, Life…
After the Diagnosis delivers a compassionate and sensitive guide for patients, families, and caregivers.In Life After the Diagnosis, Dr. Steven Z. Pantilat, a renowned international expert in palliative care, shares innovative approaches for dealing with serious illness, outlines the steps that patients should take, and demystifies the medical system. He makes sense of what doctors say, what they actually mean, and how to get the best information to help make the best medical decisions. Dr. Pantilat covers everything from the first steps after the diagnosis and finding the right caregiving and support, to planning your future so your loved ones don't have to. He offers advice on how to tackle the most difficult treatment decisions and discussions and shows readers how to choose treatments that help more than they hurt, stay consistent with their values and personal goals, and live as well as possible for as long as possible.How We Age: A Doctor's Journey into the Heart of Growing Old
Par Marc Agronin. 2011
Remote Sensing Technology in Forensic Investigations provides a basic understanding of concepts involved in the use of basic geophysical surveying,…
metal detectors, magnetics, electromagnetics and ground penetrating radar in police and forensic investigations. Such technology can be vital in locating clandestine, buried evidence which is often concealed in the subsurface underground. Crime scene investigation and evidence collection entails locating, identifying, collecting, and cataloging. Such physical evidence searches are time consuming and can often lead to searches that require excavations, which in itself that can destroy evidence. The noninvasive, nondestructive methods outlined in this book can both reduce the time spent on searches and excavations, thereby increasing the probability of locating vital physical evidence. As such, the application of remote sensing methods has gained increased acceptance, and seen increased usage, by investigators. Remote sensing methods are based on making indirect measurements of the surface of and within the earth. The resulting measurement information can be presented in either an imaging format— such as in aerial photography—or a non-imaging format, such as in a profile or contour map. These measurements can be interpreted to identify and characterize contrasts due to differences in physical and natural properties of the materials being studied. This can include physical evidence, remains, and clandestine graves. This book will serve as a handy introductory primer to the technology, techniques, and application of such techniques. Throughout, numerous references and additional resources are provided for those investigators, forensic anthropology, and police professionals who want further information on the technology’s usage for investigative purposes.Futures of Reproduction
Par Catherine Mills. 2010
Issues in reproductive ethics, such as the capacity of parents to 'choose children', present challenges to philosophical ideas of freedom,…
responsibility and harm. This book responds to these challenges by proposing a new framework for thinking about the ethics of reproduction that emphasizes the ways that social norms affect decisions about who is born. The book provides clear and thorough discussions of some of the dominant problems in reproductive ethics - human enhancement and the notion of the normal, reproductive liberty and procreative beneficence, the principle of harm and discrimination against disability - while also proposing new ways of addressing these. The author draws upon the work of Michel Foucault, especially his discussions of biopolitics and norms, and later work on ethics, alongside feminist theorists of embodiment to argue for a new bioethics that is responsive to social norms, human vulnerability and the relational context of freedom and responsibility. This is done through compelling discussions of new technologies and practices, including the debate on liberal eugenics and human enhancement, the deliberate selection of disabilities, PGD and obstetric ultrasound.What Went Wrong With Money Laundering Law?
Par Peter Alldridge. 2016
This book surveys the development of laws surrounding the crime of money laundering and the associated changes in the anti-money…
laundering (AML) industry. The policy of attempting to deal with crime by attacking its financial products started in the arena of drugs, but quickly moved to organised crime, terrorism, corruption and tax. Now the focus has shifted once again to organised crime and to immigration. In the wake of the failure of the 'war on drugs' a huge amount of money is now being spent on a global surveillance and reporting system, and we do not know whether the system works or not. What Went Wrong With Money Laundering Law? documents the events which, taken independently, could each be seen as rational responses to specific problems and as incremental adjustments to the focus of the law. Taken together, however, it is demonstrated that they have led to significant changes in the law and to the current situation. Underlying the entire AML industry is the crime of money laundering, which, having been devised more to provide a trigger for the reporting machinery than to describe and condemn a particular category of harmful behaviour, is now being used in a far wider range of cases than is appropriate. This book will be of great interest to scholars and practitioners of criminal and financial law, socio-legal studies and criminology.Groups, Rules and Legal Practice
Par Rodrigo Eduardo Sánchez Brigido. 2009
Ever since Hart´s The Concept of Law, legal philosophers agree that the practice of law-applying officials is a fundamental aspect…
of law. Yet there is a huge disagreement on the nature of this practice. Is it a conventional practice? Is it like the practice that takes place, more generally, when there is a social rule in a group? Does it share the nature of collective intentional action? The book explores the main responses to these questions, and claims that they fail on two main counts: current theories do not explain officials´ beliefs that they are under a duty qua members of an institution, and they do not explain officials´ disagreement about the content of these institutional duties. Based on a particular theory of collective action, the author elaborates then an account of certain institutions, and claims that the practice is an institutional practice of sorts. This would explain officials´ beliefs in institutional duties, and officials´ disagreement about those duties. The book should be of interest to legal philosophers, but also to those concerned with group and social action theories and, more generally, with the nature of institutions.International Trade Policies and Climate Change Governance
Par P. K. Rao. 2012
This work offers a synthesis of the current approaches toward an integration of international trade and climate change, with a…
view to fostering potential improvements in policies and institutions affecting these. A number of pragmatic measures are proposed with reference to the WTO and the United Nations Framework Convention on Climate Change (UNFCCC) regimes, which are expected to contribute toward enhanced climate change governance, as well as promoting international trade.Commonwealth Caribbean Constitutional Law
Par Fred Phillips. 2002
This book includes the reforms proposed by the various Caribbean Commissions since 1985, making it a comprehensive guide to constitutional…
law in the Caribbean. It outlines sources of the law and developing changes in the doctrine of sovereignty of Parliament and the Conventions of the Constitution as well as in the role of the Public Service. There is also an expanded commentary on the Caribbean judiciary in which special reference is made to the proposed Caribbean Court of Justice.Caribbean Constitutional Law will be valuable to students of law and political science and practitioners wishing to renew their acquaintance with the basic concepts of constitutional law.Intellectual Property Issues
Par Ulrich Storz, Johanna Driehaus, Wolfgang Flasche. 2011
SpringerBriefs in Biotech Patents present timely reports of intellectual properties (IP) issues and patent aspects in the field of biotechnology.…
This new volume in the series focuses on the particular IP issues of therapeutics, vaccines and molecular diagnostics. The first chapter concentrates on basics principles for protecting antibody compounds. Additional ways to create follow-up protection for antibody therapeutics are also discussed. The second chapter gives an overview of the patent landscape in molecular diagnostics, and discusses issues of patentability with respect to the different technologies and compounds used therein. The third chapter gives a broad overview of areas of law that are particularly relevant to the patenting of peptide vaccines and therapeutic peptides as products and in compositions. The scope of patentable subject matter is discussed, as it has been the focus of much wrangling and debate in the courts.Human and Water Security in Israel and Jordan
Par Philip Jan Schäfer. 2012
The work aims at answering the question as to how far discourses on human security are present in Jordan and…
Israel, if they converge and if political solutions for the issue of water security could be derived. The analysis is based on the assumption that from human security perspective common solutions for urgent problems can be derived more easily than out of a perspective of national security. Yet it is acknowledged that according to a new security perspective different security threats are being identified by relevant actors. An empirical analysis of written statements and utterances of the respective security elites establishes the methodological tool for the identification of human security discourses in Israel and Jordan. Subsequently it is estimated how far water is presented as a matter of national security in Israel and Jordan using the theory of securitization.Law and Order in Ancient Athens
Par Adriaan Lanni. 2016
The classical Athenian 'state' had almost no formal coercive apparatus to ensure order or compliance with law: there was no…
professional police force or public prosecutor, and nearly every step in the legal process depended on private initiative. And yet Athens was a remarkably peaceful and well-ordered society by both ancient and contemporary standards. Why? Law and Order in Ancient Athens draws on contemporary legal scholarship to explore how order was maintained in Athens. Lanni argues that law and formal legal institutions played a greater role in maintaining order than is generally acknowledged. The legal system did encourage compliance with law, but not through the familiar deterrence mechanism of imposing sanctions for violating statutes. Lanni shows how formal institutions facilitated the operation of informal social control in a society that was too large and diverse to be characterized as a 'face-to-face community' or 'close-knit group'.The Function of Public International Law
Par Jan Anne Vos. 2012
This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed…
by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.The Force of Law Reaffirmed
Par Christoph Bezemek, Nicoletta Ladavac. 2016
This book examines the success of Frederick Schauer's efforts to reclaim force as a core element of a general concept…
of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer's main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties. While it was long assumed that legal norms are essentially defined by their force, it was H. L. A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart's argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer's substantive arguments and his claims about jurisprudential methodology.Democracy after the Internet - Brazil between Facts, Norms, and Code
Par Samantha S. Moura Ribeiro. 2016
This book throws new light on the way in which the Internet impacts on democracy. Based on Jürgen Habermas' discourse-theoretical…
reconstruction of democracy, it examines one of the world's largest, most diverse but also most unequal democracies, Brazil, in terms of the broad social and legal effects the internet has had. Focusing on the Brazilian constitutional evolution, the book examines how the Internet might impact on the legitimacy of a democratic order and if, and how, it might yield opportunities for democratic empowerment. The book also assesses the ways in which law, as an institution and a system, reacts to the changes and challenges brought about by the Internet: the ways in which law may retain its strength as an integrative force, avoiding a 'virtual' legitimacy crisis.Freedom of Expression in a Diverse World
Par Deirdre Golash. 2009
The debate over the foundations and boundaries of freedom of speech, once a matter of balancing the individual rights of…
unpopular speakers against broader social interests, took on a new shape in the 1980s when feminists began to advocate restrictions on pornography and critical race theorists to advocate restriction of certain kinds of hate speech. These challenges to traditional liberalism brought into sharp focus the issues of why we value free speech and how much weight it should be given against competing values. Difficult as it is to resolve these issues domestically, we now face new challenges arising from the increasingly rapid dissemination of information across international borders in an atmosphere of considerable political tension. The riots in response to the publication of Danish cartoons ridiculing Mohammed and the death threats against Salman Rushdie indicate how dramatically the stakes have been raised. At the same time, there is increased concern over discriminatory treatment of sexual minorities, Muslims, and immigrants. Against this background, the essays in this volume seek to illuminate why we value freedom of speech and expression and how this freedom can be weighed against other values, such as multicultural sensitivity, the rights of racial and sexual minorities, and the prevention of violence, both domestically and internationally.The Competence of the European Union in Copyright Lawmaking
Par Ana Ramalho. 2016
This book inquires into the competence ofthe EU to legislate in the field of copyright, and uses content analysistechniques to…
demonstrate the existence of a normative gap in copyrightlawmaking. To address that gap, it proposes the creation of benchmarks oflegislative activity, reasoning that EU secondary legislation, such as directivesand regulations, should be based on higher sources of law. It investigates twosuch possible sources: the activity of the EU Court of Justice in thepre-legislative era and the EU treaties. From these sources, the authorestablishes concrete benchmarks of legislative activity, which she then testsby applying them to current EU copyright legislation. This provides examples ofgood and bad practices in copyright lawmaking and also shows how the benchmarkscould be implemented in copyright legislation. Finally, the author offers somerecommendations in this regard.Economic Justice: Philosophical and Legal Perspectives
Par Helen M Stacy, Win Chiat Lee. 2013
The economic impact of the U. S. financial market meltdown of 2008 has been devastating both in the U. S.…
and worldwide. One consequence of this crisis is the widening gap between rich and poor. With little end in sight to global economic woes, it has never been more urgent to examine and re-examine the values and ideals that animate policy about the market, the workplace, and formal and informal economic institutions at the level of the nation state and internationally. Re-entering existing debates and provoking new ones about economic justice, this volume makes a timely contribution to a normative assessment of our economic values and the institutions that active those norms. Topics covered by this volumes essays range from specific or relatively small-scale problems such as payday lending and prisoners' access to adequate healthcare; to large-scale such as global poverty, the free market and international aid. Economic Justice will stimulate and provoke philosophers, policy makers, the engaged readers who and better outcomes from financial institutions and more effect distribution of economic goods.German Corporate Governance in International and European Context
Par Ingo Saenger, Otto Sandrock, Bernhard Großfeld, Claus Luttermann, Matthias Casper, Jean J. du Plessis. 2012
Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes…
the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe. The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. It also expands the scope of the first edition by a treatment of the German financial sector, global corporate finance and governance, and by including a new chapter on compliance of corporate governance laws, rules and standards in Germany. As far as comparative law is concerned, new developments in the area of corporate governance in the EU, the OECD Principles of Corporate Governance and corporate governance in the US, the UK and Australia are covered. The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.