This book encapsulates the most important aspects of the development and operation of the international financial system. It questions the fundamental basis of the existing international financial architecture (soft law) and explores the need for a compliance-based model based on legitimacy of regulations and accountability of the regulatory bodies in international financial stability. Why have financial standards and institutions almost always failed to effectively predict and respond to real-world financial crises? The answer, as this challenging book shows, is that international financial law suffers from a persistent lack of judicial or quasi-judicial enforcement mechanisms, leaving flaws in the structure of the international financial system that lead inevitably to excesses that threaten the public good of global financial stability
The role of the oceans in regulating the earth's climate : legal perspectives / Elise EJohansen -- Climate change and the anthropocene : implications for the development of the law of the sea / Davor Vidas, Jan Zalasiewicz, Mark Williams & Colin Summerhayes -- Mitigation and adaptation / Robin Kundis Craig -- Protecting the marine environment from climate change : the LOSC part XII regime / Alan Boyle -- Ocean acidification / Karen N. Scott -- Regulating greenhouse gases from ships : some light at the end of the funnel? / Henrik Ringbom -- Carbon capture and storage and the law of the sea / Nigel Bankes -- Ocean fertilization / Elise Johansen -- Offshore renewable energy and the law of the sea / Maria Madalena des Neves -- Marine protected areas and climate change / Ingvild Ulrikke Jakobsen -- Integrating climate change in international fisheries law / Erik J. Molenaar -- Adaptation of aquaculture to climate change : the relevance of temporal international framework from a Norwegian perspective / Irene Dahl -- Law of the sea responses to sea-level rise and threatened maritime entitlements : applying an exception rule to manage an exceptional situation / Signe Veierud Busch -- Integrating climate change in the governance of areas beyond national jurisdiction / Christian Prip -- The law of the sea and its institutions : today's hermeneutic approach and some suggestions for an ocean-centred governance model / Margherita Paola Poto -- The law of the sea as part of the climate change regime complex / Ingvild Ulrikke Jakobsen, Elise Johansen, Philipp. P. Nickels.
Domestic violence in Asia is explored in this analysis through questions of family ambiguity and the relationship between concept, law, and strategy. Comparative experiences in the Asian context enable an examination of the effectiveness of family regulations and laws in diverse national, cultural, and religious settings. Key questions relate to the limits and relevance of the human rights discourse in resolving family conflicts; the extent to which power and control in intimate relationships can actually be regulated by a set of inanimate, homo
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"Developments in the understanding and treatment of genocide through the twentieth century have involved a combination of politics, public opinion, social trends, and economic development, and led to the substantive law of genocide and the assumption of international jurisdiction. This book analyzes incidences of genocide and mass atrocities, focusing on the political factors involved in modern counter-genocide efforts. Drawing on incidences of genocide and mass atrocity such as the Holocaust, the Rwandan genocide, and the Armenian genocide, Mark Kielsgard adopts a conceptual model that reveals the political factors which impact the international law of genocide, such as barriers and catalysts to transitional justice and the politics of genocide denial"--Preliminary page
Republicans hold that people are unfree if they are dominated, that is, if others have an insufficiently constrained ability to frustrate their choices. Since legislation can frustrate individuals' choices, republicans believe that the design of legislative institutions has consequences for individual freedom. Some have argued that if legislative institutions are democratic, then they need not be sources of domination at all. We argue this view is incorrect: the introduction of legislative authority, even if democratically organized, always creates a new site of domination. However, republicans can defend democratic procedures as the best means of minimizing the degree to which citizens are dominated, subject to the constraint of equalizing everyone's freedom. We formulate and prove this claim within a simple model of legislative authority and domination.
Cover -- Contents -- Abstract -- I. Introduction -- II. Data Overview and Estimating EMTR and TFP -- III. Economertic Methodology -- IV. Empiricial Results -- V. Conclusion -- References -- Tables -- 1. Distribution of Firms Across Sectors -- 2. Summary Statistics -- 3. Firm Survival-Baseline Estimations -- 4. Firm Survival-Nonlinear Effects of Taxation -- 5. Firm Survival-Effects of Age and Size -- 6. Firm Survival-Estimations by Sector -- Appendix Tables -- Appendix Table 1. List of Countries -- Appendix Table 2. Robustness Checks.
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Disputes about sovereignty mainly arise in those cases where fundamental rights are infringed, or democratic participation denied, on account of the citizens' membership in certain ethno-cultural minority groups. Moreover, the fact that serious challenges to sovereignty can be detected even in ethno-culturally diverse polities, which by all standards qualify as fairly just liberal-democracies, can only mean that the complex relationship between sovereignty and the diversity challenge is in need of serious consideration and analysis. By observing sovereignty and diversity through the lens of a
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The Law of Emergencies: Public Health and Disaster Management, Second Edition, introduces the American legal system as it interacts with disaster management, public health and civil unrest issues. Nan Hunter shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions. This book covers the major legal principles underlying emergency policy and operations and analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. The book includes primary texts, reader-friendly expository explanation and sample discussion questions in each chapter, as well as scenarios for each of the three major areas to put the concepts in to action. Prior knowledge of the law is not necessary in order to use and understand this book, and it satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no clear legal answer. The book features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion
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Defence date: 5 November 2015 ; Examining Board: Professor Giorgio Monti, Supervisor-European University Institute; Doctor Rachael Craufurd-Smith, University of Edinburg; Professor Michal Gal, University of Haifa; Professor Peggy Valcke, Katholieke Universiteit Leuven. ; Received the The Institute of Competition Law 2016 Concurrences PhD Award. ; EU Competition Law is generally believed to play a negligible role in protecting media pluralism. Three arguments are usually put forward to support this position. First, the application of EU competition law ensures market access, thereby potentially delivering an outcome that is of benefit to media pluralism, but this outcome is entirely dependent on the economic concerns the European Commission attempts to address in each individual case and hence (at best) coincidental. Second, precisely because it is driven by efficiency considerations, EU competition law is incapable of grasping the qualitative dimension of media pluralism. Third, when exercising State aid control, the Commission can (and must) play only a marginal role in the planning and implementation of aid measures aimed at promoting media pluralism. This thesis puts forward the claim that EU competition law has potential that remains unexplored by questioning the accuracy of the above three assumptions. To test this claim, it examines a number of traditional and new media markets (broadcasting, print and digital publishing, online search, and news aggregation) and competition law issues (concentrations, resale price maintenance agreements, online agencies, abuses of dominance, and State aids to public service media). The study demonstrates that if relevant assessments are conducted properly, that is, by duly taking account of the dimensions that drive competition in the media, including quality, variety and originality, and by making appropriate use of the tools provided by the applicable legal framework, EU competition law may go a long way towards safeguarding media pluralism without the need to stretch the limits of the Treaty on the Functioning of the European Union. Amidst a deregulatory trend towards the media and given that the likelihood that action with far-reaching implications under other branches of EU law is low, the normative suggestions put forward in this thesis possibly form the only realistic proposal on the contribution the EU can make to the protection of pluralism.