Suchergebnisse

Political theorists have spilt much ink in controversies over "sovereignty," while probably even more effort has been devoted to discussion of the nature of law. It cannot be said that the result of all this activity has been to produce a body of generally accepted doctrine, or even that it has greatly clarified the field of discussion. On the contrary, misunderstandings and the abuse of terms have contributed greatly to a general fog.The real issue raised by the pluralists is much more than a question of logic. They challenge the premises of their opponents. They deal largely with the question of the limits of political obligation. With that we are not here concerned. The primary purpose of this article is to search for a meaning of "law" that will at once contribute to the clarification of the question as to the nature of law and aid in the determination of the most helpful legal signification of the term "sovereignty." The accomplishment of this purpose should aid in settling the incidental questions of the nature of "constitutional law," the possibility of "nullifying" law, and the status of "international law."The two subjects—law and sovereignty—are frequently treated independently, but they are so inter-related as to render such treatment inadequate. A brief examination of the controversy over "sovereignty" will demonstrate how it ultimately resolves itself into a question of the definition of law.

Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in Belgium. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law.00After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system

A comprehensive, structured, and up-to-date introduction to the law governing the dissemination of information in a computer-mediated world in China, Internet Law in China stresses the practical applications of the law that are encountered by all individuals and organizations in Chinese cyberspace, but always in the light of theoretical underpinnings. Among the overarching topics treated in the Chinese context are the following: intellectual property protection in cyberspace; privacy of communication and data privacy; electronic contract forming and electronic signature; personal, domestic and international jurisdiction; and free expression in cyberspace. This book is particularly valuable to legal, business, and communication professionals, academics, and students concerned with the regulation of the Internet and related activities in China. It is the first book to focus solely on Chinese Internet law. The first book to systematically explore the legal doctrines and principles that apply to the Internet and related activities in ChinaBroad coverage: from Internet speech to proprietary interests, privacy issues, electronic contracts, and jurisdictionOriginal comparative analysis of China's Internet regulation practice in the global context

This volume traces English efforts to govern the Chesapeake and New England colonies by imposing the common law. Although every colony received the common law by 1750, local interests retained significant power everywhere and used that power to preserve divergent, customary patterns of law that had arisen in the 17th century.

This paper provides a comprehensive discussion of the deterrence properties of a competition policy regime. On the basis of the economic theory of law enforcement we identify several factors that are likely to affect its degree of deterrence: 1) sanctions and damages; 2) financial and human resources; 3) powers during the investigation; 4) quality of the law; 5) independence; and 6) separation of power. We then discuss how to measure deterrence. We review the literature that use surveys to solicit direct information on changes in the behavior of firms due to the threats posed by the enforcement of antitrust rules, and the literature based on the analysis of hard data. We finally argue that the most challenging task, both theoretically and empirically, is how to distinguish between 'good' deterrence and 'bad' deterrence.

Espionage, an area of state activity which is vital to international relations, yet which is unregulated by international law, is coming to assume increasing importance in the `New World Order'. International Law and Espionage examines four major areas of public international law: freedom of information and human rights, diplomacy, territory, and armed conflict. A detailed analysis is given of their theoretical and practical connection to the practice of espionage. The relevance of international law to espionage is clearly demonstrated, not least by the absence of any official link between the two (save in time of war). The conclusion is inescapable: it is high time for international legal provision to be made for the control of an activity which is universal, and which plays such a crucial role in the deterrence of conflict and the maintenance of international peace and security. International Law and Espionage was written by the late Dr John Kish, and completed and edited by David Turns. It is an essential reference work for those who seek to understand the ill-defined legality and permissibility of espionage in the uncertainties of the modern world. Required reading for international lawyers, and all interested in the realities of international relations