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1. Introduction -- Part I: Preliminary Studies. 2. Law, Theory And Practice: Conflicting Perspectives? ; 3. Law, Autonomy, And Reason ; 4. A Study On The Judicial Role ; 5. Excluded Middles, Right Answers And Vagueness -- Part II: Reasoning With Law. 6. The Uses Of Words ; 7. Some Themes From Wittgenstein's Philosophical Investigations ; 8. An Annex On Realism ; 9. Words And Concepts ; 10. Implications.

Winner of the 2015 Max van der Stoel Human Rights AwardNon- State actors, principally corporations and international organizations, as well as foreign States, influence decision-making. This reality particularly affects the enjoyment and implementation of economic, social and cultural (ESC) rights. Alongside what has become a fast-moving reality, legal developments in the field of ESC rights are also happening at a fast pace. In the last decade we have not only witnessed the end of the ESC justiciability debate, including a growing recognition of these rights at the domestic level, but also the adoption of an international complaints procedure to deal with violations of ESC rights (OP-ICESCR). Yet, these legal developments fall short of providing accountability in a globalized world. There is a discrepancy between international human rights law - with its focus on the territorial State - and the current globalized context in which non-state actors and foreign States also affect the enjoyment of ESC rights. Scholars have argued for the expansion of the duty-bearer side of human rights law in order 'to synch' human rights law with reality. Most of the research in the last decade has focused on the recognition of the obligations of foreign States and NSAs, less so on subsequent rules for the attribution and distribution of obligations, responsibility, and remedies. What are the (legal) building blocks or foundations of a multi-duty-bearer accountability framework? This book consists of three parts. In part I the book provides the reader with a solid understanding of the concept of accountability and the challenges it implies for the protection of human rights. Part II reviews the various accountability procedures in the international and regional human rights systems. It details the existence of any procedural and substantive provisions found in the procedures that present prospects or hurdles for the scrutiny of extraterritorial or transnational obligations. Part III turns to a normative, prescriptive outlook as it examines the procedural adaptations needed to facilitate the expansion of the duty-bearer side of human rights law

An introduction to law and society -- Theories of law and justice -- The structure and function of courts, legislatures, and administrative agencies -- The legal profession -- Access to justice and legal ethics -- Dispute resolution -- Criminal courts -- Juries -- Law and social control -- The impact of law on society -- Law and racial and ethnic inequality -- Privacy and surveillance -- International human rights and international crime.

"Mastering Administrative Law is designed as a supplement to law school courses in Administrative Law or as an introduction to the subject for lawyers trained in other legal systems. The book identifies the functions of the various principles of administrative law"--Provided by publisher

The process of qualitative evolution of monetary law in modern economic and business circumstances has resulted, among other things, in its transformation from a discipline that belongs to the domain of legal and economic science to a discipline that increasingly takes into account the social needs and problems of ordinary people. The emphasis on a humane approach in the regulation of monetary relations in periods of crisis implies the duty of the Central Bank (as the supreme subject of monetary law) to include a component that measures the impact of the specific Central Bank program, measure or instrument on people's living standard, i.e. the quality of life of monetary users that can to be shaken in times of crisis. If, in addition to monetary law as an independent scientific discipline, there are subjective monetary rights of citizens to a safe and stable domestic currency, the Central Bank (as the bearer of monetary sovereignty) must help them in the circumstances when these rights are temporarily shaken and concurrently work to restore the credibility of the monetary system. Practice has shown that it is possible to achieve these goals by exploiting the potential of soft monetary legislation which is more adaptable the disruptions in the economy and takes more care of the well-being of the individual. The contribution of the subjects of monetary law in the implementation of this approach and success in the smart normative creation of new monetary solutions can differ more or less depending on the level of development of monetary awareness.

AbstractWith the dismantling of herding collectives in Mongolia in 1992, formal regulatory institutions for allocating pasture vanished, and weakened customary institutions were unable effectively to fill the void. Increasing poverty and wealth differentiation in the herding sector, a wave of urban–rural migration, and the lack of formal or strong informal regulation led to a downward spiral of unsustainable grazing practices. In 1994, Mongolia's parliament passed the Land Law, which authorized land possession contracts (leases) over pastoral resources such as campsites and pastures. Implementation of leasing provisions began in 1998. This article examines the implications of the Law's implementation at the local level, based on interviews with herders and officials in all levels of government, and a resurvey of herding households. Amongst many findings, the research shows that poorer herders were largely overlooked in the allocation of campsite leases; that the poor had become more mobile and the wealthy more sedentary; that there had been a sharp decline in trespassing following lease implementation, but that many herders and officials expected pasture leasing to lead to increased conflict over pastures. The Land Law provides broad regulatory latitude and flexibility to local authorities, but the Law's lack of clarity and poor understanding of its provisions by herders and local officials limit its utility. The existing legal framework and local attitudes stand in clear opposition to the implied goal of land registration and titling — an all‐embracing land market and the supremacy of private property rights.

Cover -- Title Page -- Foreword -- Preface -- Contents -- Table of Cases -- Table of Legislation -- PART I: INTRODUCTION AND DEFINITIONS -- Chapter 1: Introduction -- Origins of the Right to Privacy: A Nineteenth-Century Development? -- Distinguishing between Private and Public Law Conceptions of Privacy -- Untangling the Sources of Privacy Rights and Privacy Law -- A Note For Practitioners -- Chapter 2: The Right to Privacy: Contested Definitions -- Introduction -- Privacy: Attempts to Conceptualise an Elusive Right -- Understanding the Functions of Privacy -- Defining Privacy in Irish Law -- PART II: SOURCES OF PRIVACY RIGHTS IN IRISH LAW -- Chapter 3: The Right to Privacy under the ECHR -- Introduction -- Locating the Limits of Privacy under Article 8 ECHR -- Genres of Privacy in the Law of the ECtHR -- Remedies -- Consideration of Article 8 ECHR by the Irish Courts -- Chapter 4: The Right to Privacy in EU Law -- Introduction -- Privacy under the Charter of Fundamental Rights -- The Relationship between Articles 7 and 8 -- Genres of Privacy in EU Law -- Limitations and Derogations -- Remedies -- Chapter 5: The Right to Privacy under the Irish Constitution -- Introduction -- The Constitutional Elevation of a Common Law Right -- The Emergence of a Constitutional Right to Privacy -- Contested Sources in the Constitutional Text -- The Scope of a Constitutional Right to Privacy -- Balancing Privacy and Competing Rights -- The Test for Breach of Privacy in Irish Law -- Remedies for Breach of Privacy -- Chapter 6: The Right to Privacy in Tort Law -- Introduction -- The Development of Privacy Torts in Common Law Jurisdictions -- A Privacy Tort in Irish Law? -- Defences to Breaches of Privacy -- Tortious Remedies and Procedure in Cases for Breach of Privacy -- PART III: THE GENRES OF PRIVACY IN IRISH LAW.

Trade regulation may never have been in more flux than it is nowadays. Apart from the emergence of 'megaregionals' (more recently, the Regional Comprehensive Economic Partnership – RCEP, or the Comprehensive and Progressive Trans-pacific Partnership–CPTPP) and the difficulties in pursuing the objectives of the Doha Development Agenda, the increased heterogeneity of interests within the World Trade Organization (WTO) puts into question its ability to achieve its central objective of free(r) trade. While internally rethinking the future of the WTO, it seems opportune to discuss, and factor in the realities of everyday global trade. To this end, this Article argues that the stateless reality of commercial transactions requires that state-driven, trade-related rule-making and stateless rule-making should be analysed in tandem if we are to make any sense of how global trade works and evolves. It further advocates a new theory of global trade-enablinglaw that focuses on a critical review of all rules that aim to mitigate legal risks of economic actors when they partake in transboundary commercial activities. This theory would emerge from a norm-user perspective that focuses on the functionality of the law. Global trade law-related research should focus on and evolve around three, broadly-defined axes: first, the identification and critical review of a set of principles akin to the global law advocacy; second, the analysis of the phenomenon of the empowerment of non-State constituencies, including firms, and a more intensive bridge-building with not only the semiautonomous regimes of transnational private regulators but also with other international organizations (IOs) (be it governmental, non-governmental or hybrid), whose activities have an impact on commercial transactions; and, third, the intensification of the still scattered, unsuccessful efforts to create a more inclusive global trading system brimming with development opportunities for all. Action in these three areas shall determine the sustainability and resilience of global trade law.

Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure