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Legal professionals are thought to have higher levels of mental health issues and lower levels of wellbeing than the general population. Drawing on qualitative data from new research with legal practitioners, this in-depth study of mental health and wellbeing in the UK and Republic of Ireland's legal sector is a timely contribution to the urgent international debate on these issues. The authors present a comprehensive discussion of the cultural, structural and other causes of legal professionals' compromised wellbeing. They explore the everyday demands and difficulties of the legal working environment and consider the impacts on individuals, the legal profession and wider society. Making comparisons with systems overseas, this is an invaluable resource that provides evidence-based suggestions for swift and effective organisational and policy-related interventions in the legal sector

The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including the newly finalised Rome II Regulation. It covers commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations.

http://doc.rero.ch/record/28909?ln=fr ; International audience ; (International) human rights theory is en vogue. It has been the case for quite some years in Germany,2 (see footnote on next page) and it is now also the case in Anglo-American circles. One of the very first issues a human rights theorist is expected to address is the nature of human rights and, hence, of human rights theory. The nature of human rights theory is an important concern for at least two reasons. First of all, thinking about the nature of human rights theory situates it within a broader set of theories, in particular legal theory, democratic theory, or theories of justice, and can generate beneficial connections between them. Too often, human rights theorists fail to reveal those links, and the credibility of their theories is partly undermined by the artificial severance of those connections given the centrality of human rights to human individual and social life. Second, thinking about the nature of theory requires a preliminary clarification of what it is a theory of and, therefore, of the nature of human rights. Such a preliminary consideration can prove very beneficial in fully identifying or at least delineating the object of one's theoretical endeavor. The answers to many of the important questions that human rights theorists identify as being central to human rights theory, particularly the existence, function, content, weight, scope, and justification of human rights, are conditioned by the theorists\textquoteright original characterization of the nature of their theory and its object. Finally, some human rights theorists may even want to argue that human rights theorizing is part of human rights practice and of their object of study as a consequence. This implies in turn that the nature of human rights theory should not escape their meta-theoretical attention.

Nanosciences and nanotechnologies come into a pre-existing legal system. Their arrival, and how they are received are worthy of analysis. Such an effort shall at first include simply lexical considerations, in order to penetrate, via their origins, the traces of these specific objects into the territory of law. The goal of this article is to explore the effects of "nanos" in various legal fields, including their relevance to the principle of precaution, patent law, and the applicable laws for chemical substances. ; Article à paraître dans le numéro spécial "Nanotechnologies" des comptes-rendus de l'académie des sciences 2011

Para el enjuiciamiento penal del uso contrario al deber de dineros públicos, es de gran relevancia la norma establecida en el parágrafo 266 del Código Penal Alemán (CP). En virtud de dicha norma se presupone responsabilidad penal por delito de administración desleal a aquel que teniendo una posición de deber de tutela patrimonial, por medio de una conducta dolosa de infracción del deber, cause un perjuicio patrimonial a otro. El problema que se presenta en el caso de uso de dineros públicos, se encuentra en que no toda conducta que infrinja el deber da como resultado un perjuicio patrimonial, con lo cual la responsabilidad penal queda básicamente excluida. La jurisprudencia del Tribunal Federal Supremo indica, sin embargo, que para determinar si se ocasionó un perjuicio patrimonial, la integridad de la voluntad del legislador debe jugar algún papel. Pero en virtud del bien jurídico tutelado por el parágrafo 266 del CP, es decir, el patrimonio, esto es bastante dudoso.Para evadir la problemática se sigue abogando por el establecimiento de reformas legales que tengan como resultado la creación de un nuevo tipo penal en el que la presencia de un perjuicio patrimonial no sea necesaria. ; For the criminal prosecution of misappropriation of public funds is of great importancethe rule stipulated in paragraph 266 of the German Criminal Code. Underthat provision is presupposed criminal liability for the crime of disloyal administrationof those who having a position of duty of economic custody, by a willfulbehavior of the breach of duty, cause economic damage to another. The problemthat arises in the case of misappropriation of public funds, is that not all conductthat infringes the duty results in an economic loss, thus the criminal liability isbasically excluded. The case-laws of the Federal Supreme Court indicates, however,that to determine whether an economic damage was caused, the integrity of thewill of the legislator should play some role. But considering the legally protectedright by paragraph 266 of the Criminal Code, i.e., the estate, this is quite doubtful.To avoid the problem it is continued to advocate for the establishment of legalreforms that have resulted in the creation of a new type of criminal offense wherethe existence of an economic damage is not necessary.

International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international legal knowledge is constructed in ways usually overlooked: by means of footnotes, for example, or conference presentations. In so doing, this book aims to present a new way of seeing international legal scholarship: one that pays attention to the mundane parts of international legal texts and provides a different understanding of how international law as we know it comes about.

Intro -- Preface -- Contents -- Chapter 1: Introduction -- 1.1 Establishment and Objectives -- 1.2 What Is ECOWAS? -- 1.3 Socio-Economic, Political and Legal Strictures -- 1.3.1 Infrastructure Deficit -- 1.3.2 Inefficient Institutions -- 1.3.3 Political Dynamics -- 1.3.4 Legal Clog -- 1.4 Distinguishing ECOWAS from Other Economic Groupings -- 1.4.1 OHADA -- 1.4.2 UEMOA -- 1.4.3 Franc Zone -- 1.5 Meaning of Treaty Under the ECOWAS Legal Regime -- 1.6 Definition and Ancillary Matters -- References -- Laws -- Cases -- Publications -- Chapter 2: Sources of ECOWAS Law -- 2.1 Introduction -- 2.2 Sources of ECOWAS Law -- 2.2.1 ECOWAS Revised Treaty -- 2.2.2 Protocol -- 2.2.3 Convention -- 2.2.4 Supplementary Acts -- 2.2.5 Decisions -- 2.2.6 Regulation -- 2.2.7 Directives, Recommendation and Opinion -- 2.2.8 Subsidiary Legal Instruments -- 2.2.9 Article 38 of the Statutes of International Court of Justice -- 2.3 Classification of Laws -- 2.3.1 Primary and Derived Sources -- 2.3.2 Classification According to Origin -- 2.3.2.1 Autochthonous Sources -- 2.3.2.2 Non-autochthonous Sources -- 2.3.3 Legal Texts and Judicial Attempts at Classification -- 2.3.3.1 Judicial Attempt at Classification -- 2.3.3.2 Legal Text Classification -- 2.4 Conclusion -- References -- Laws -- Cases -- Publications -- Chapter 3: Institutions of the Community -- 3.1 Introduction -- 3.2 Authority of Heads of State and Government -- 3.2.1 Functions -- 3.2.2 Meetings -- 3.2.3 Chairman -- 3.2.4 Acts of the Authority -- 3.3 Council of Ministers -- 3.3.1 Responsibility and Functions -- 3.3.2 Meetings -- 3.3.3 Chairman -- 3.3.4 Acts of the Council -- 3.4 ECOWAS Parliament -- 3.4.1 Structure of the Parliament -- 3.4.1.1 The Plenary -- 3.4.1.2 The Bureau of Parliament -- 3.4.1.3 Conference of Committees Bureaux -- 3.4.1.4 Speaker of the Parliament -- 3.4.1.5 General Secretariat of Parliament.

"As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law."--Bloomsbury Publishing

This book provides a comprehensive, up-to-date discussion of contemporary debates at the interface between psychology and criminal law. The topics surveyed include critiques of eyewitness testimony; the jury; sentencing as a human process; the psychologist as expert witness; persuasion in the courtroom; detecting deception; and psychology and the police. Kapardis draws on sources from Europe, North America and Australia to provide an expert investigation of the subjectivity and human fallibility inherent in our system of justice. He also provides suggestions for minimising undesirable influences on crucial judicial decision-making. International in its scope and broad-ranging in its research, this book is the authoritative work on psycho-legal enquiry for students and professionals in psychology, law, criminology, social work and law enforcement

"Weapons have been a source of political and legal debate for centuries. Aristotle considered the possession of arms a fundamental source of political power and wrote that tyrants "mistrust the people and deprive them of their arms." Today ownership of weapons -- whether handguns or military-grade assault weapons -- poses more acute legal problems than ever before. In this volume, the editors' introduction traces the history of gun control in the United States, arguing that until the 1980s courts upheld reasonable gun control measures. The contributors confront urgent questions, among them the usefulness of history as a guide in ongoing struggles over gun regulation, the changing meaning of the Second Amendment, the perspective of law enforcement on guns and gun control law, and individual and relational perspectives on gun rights"--Publisher's description.