Suchergebnisse

Cover -- Half Title -- Series -- Title -- Copyright -- Dedication -- Contents -- Preface -- List of Abbreviations -- 1 Sovereignty and Global Governance -- 2 The Law of the Sea -- 3 International Maritime Law and the International Maritime Organization -- 4 The Law of the Air and the International Civil Aviation Organization -- 5 International Telecommunications and the International Telecommunication Union -- 6 International Postal Services and the Universal Postal Union -- 7 International Space Law -- 8 Standards and Mensuration -- 9 Concluding Observations -- Index.

A fascinating exploration of how the law--as viewed and decided by the courts--often embodies fear and prejudice against homosexuality, and thereby, becomes the instrument for discrimination. This valuable book covers a wide range of subjects, illustrating the extent to which the lives of gay persons are touched by these laws and providing a highly critical examination of the response by the American judicial system to our claims for equal protection under the law. Leading law professors and practicing lawyers address the important legal issues and court decisions relevant to male and female h

The broad issue considered here is when national laws can be regarded as being in conformity with the WTO Agreements. More specifically, the focus is on the distinction between mandatory and discretionary legislation in WTO law. When the application of a national law in individual cases depends upon the exercise of executive discretion, this law may be capable of application in a manner either consistent or inconsistent with WTO obligations. The question here is whether the law itself can be challenged as incompatible, or whether only specific instances of incompatible applications can be challenged. The mandatory / discretionary distinction is a creation of judicial policy, and its application is an indicator of the role of Panels and the Appellate Body in furthering the objectives of the WTO Agreements. This is an interesting time to review the case law since there are developments which indicate to the present author a less tolerant approach towards discretionary legislation than has historically been the case.

Cover -- Half Title Page -- Title Page -- Copyright Page -- The Authors -- Table of Contents -- List of Abbreviations -- Preface -- General Introduction -- 1. GENERAL BACKGROUND OF THE COUNTRY -- I. Geography and Demography -- II. Political System -- A. General -- B. Legislative Power -- C. Institute of Presidency in Ukraine -- D. Executive Power -- E. Judicial Power -- F. The Constitutional Court of Ukraine -- G. Courts of General Jurisdiction -- III. Legal System -- 2. GENERAL INTRODUCTION RELATING TO TRANSPORTATION -- I. Introduction -- II. Inland Waterways and Ports -- III. Railways -- IV. Road System -- V. Airports -- VI. Pipelines -- VII. State Authorities Responsible for Transport Policy -- A. Ministry of Infrastructure of Ukraine -- B. State Aviation Service of Ukraine -- C. State Motor Transport Service of Ukraine -- D. State Communications Service of Ukraine -- E. State Inspectorate of Ukraine for Maritime and Inland Water Transport Safety -- F. State Administration of Rail Transport of Ukraine (UkrZaliznytsya) -- Part I. Introduction -- Chapter 1. Transport and Maritime Law -- Chapter 2. History of Transport Law -- 1. MARITIME LAW -- I. Introduction -- II. Antiquity -- III. Medieval Maritime Law -- IV. Establishment of the Kievan Rus and the First Ukrainian Codifications -- V. Ukrainian SSR -- 2. TRANSPORT LAW -- Chapter 3. Sources of Transport Law -- 1. INTRODUCTION -- 2. MARITIME LAW -- 3. OTHER TRANSPORT LAW -- Chapter 4. Jurisdiction and Courts -- 1. GENERAL MARITIME CASES -- I. Maritime Arbitration Commission -- II. The Marine and Inland Water Transport Bodies -- 2. OTHER TRANSPORT LAW CASES -- I. Jurisdiction and Courts -- II. State Immunity: International Law -- Part II. Maritime Law -- Chapter 1. Waterways -- 1. INTRODUCTION -- 2. LAW OF THE SEA -- I. Law of the Sea Convention -- II. Zones Recognized under UNCLOS.

This report summarizes the current federal regulatory framework and the bills before the 109th Congress.

Intro -- Preface -- Contents -- 1 What Does the Law Say About Human Thriving? -- Abstract -- 1.1 Introduction -- 1.2 Decisions by Capacitous Adults -- 1.3 Best Interests Determinations on Behalf of Incapacitous Patients -- 1.4 Decision-Making on Behalf of Very Sick Children -- 1.4.1 Thriving Is not Just a Medical Issue -- 1.4.2 Thriving: A Personalised Assessment -- 1.5 The Presumption in Favour of Continued Life -- 1.5.1 The Relationship Between the Parents and Child -- 1.6 Summary in Relation to Decision-Making on Behalf of Children -- References -- 2 The Idea of Human Thriving: A Brief History -- Abstract -- 2.1 Introduction -- 2.2 Ideas of the Good Life in the Ancient Greek and Roman Worlds -- 2.3 Ideas of the Good Life in the Jewish and Christian Worlds -- 2.4 Ideas of the Good Life in the Renaissance and the Enlightenment -- 2.5 From the Enlightenment to the Present -- References -- 3 What Makes Humans Happy? -- Abstract -- 3.1 Introduction -- 3.2 Conscious and Unconscious Minds and the Conversation Between Them -- 3.3 The Relevance of Bodily Integrity and Physical Environment -- 3.4 The Significance of Rationality for Human Thriving -- 3.5 Sociality and Thriving -- 3.6 Work and Significance -- 3.7 Whatever Happiness Is, Can It Be Pursued? -- 3.8 Happiness and Virtue -- 3.9 Conclusion -- References -- 4 Thriving, Care and Vulnerability -- Abstract -- 4.1 Introduction -- 4.2 Vulnerability and Thriving -- 4.3 Mutuality and Vulnerability -- 4.4 Openness and Vulnerability -- 4.5 Relationships and Vulnerability -- 4.6 Personhood and Vulnerability -- 4.7 Autonomy and Vulnerability -- 4.8 Vulnerability and Compassion -- 4.9 Care -- 4.10 Conclusion -- References -- 5 Making It Work: Ideas of Human Thriving in Practice -- Abstract -- 5.1 Introduction -- 5.2 Scenario 1: Becoming a Wolf -- 5.2.1 The Law -- 5.2.2 Jonathan Herring (JH).

The aim of this PhD thesis is to investigate the correlation between the legal rules applied in an economy and its Foreign Direct Investment (FDI) inflows. The paper examines, from both a law and economics perspective, the development of legal rules in Egypt, Jordan and Morocco to promote investment and attract foreign inflows, and how this correlated with the actual volumes of FDI inflows into each of the three countries. The thesis is split into seven chapters including the introduction and conclusion. Chapter II sets out the theoretical framework governing the thesis. It introduces the history of international investment law until the emergence of Bilateral Investment Treaties (BITs), the motives of policy-makers when engaging in BITs and, finally, the substantive protections of BITs. Chapter III provides a brief overview of the economic history of the three countries, from independence to market openness and passing through their debt crises. The chapter assists in identifying further similarities between the three countries. Using a functional comparative analysis, the legal analysis begins in chapter IV with an introduction of the domestic legal framework governing investments in the three countries. This chapter takes the reader through the development of legislation in each of Egypt, Jordan and Morocco, with a specific focus on the alignment of domestic legislation in these three countries with the protections accorded under the BITs, and the changing nature of the legislation from being highly restricted to more liberal and market-oriented. Chapter V continues the legal analysis but uses a case law analysis approach when exploring the claims filed against the three countries in ICSID arbitration. The chapter analyses a set of cases for each of the three countries in order to draw conclusions regarding their understandings of international investment law and their behaviour towards foreign investors. Chapter VI proceeds with the economic analysis of the FDI volumes in the three countries. Based on the chosen set of variables, the chapter mainly through descriptive analytics identifies correlations and patterns between the reviewed variables and the net FDI throughout the study period in the three countries. The analysis remains limited to correlations and not causations. Finally, the thesis concludes with statements of both a legal and economic nature. On the legal side, Egypt, Jordan and Morocco continuously developed their investment legal frameworks, seeking the enhancement of their investment climates in order to attract investors through rationalizing the factors of production prices, reducing transaction costs of investments, and mitigating the risks borne by investors. Further, the three countries similarly adapted their economies from being centrally-planned, highly regulated and investment restrictive to becoming more private-sector based, deregulated and investment friendly. On the economic side, the investment legal restrictions proved to be positively correlated to the net inflows of FDI of Egypt, while the two variables were negligibly correlated in the cases of Jordan and Morocco.