Research handbook on international law and migration
In: Research handbooks in international law
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In: Research handbooks in international law
Introduction -- Researching the protection of animals in areas of armed conflict / Susan Gualtier -- Animal agriculture legal research in the European Union and the United States / Deborah Heller -- Researching the legal framework for companion animals in a global context / Jean M. Wenger -- Researching marine mammal protection in the United States / Shay Elbaum -- Animals in Entertainment Law / Grace Lo -- Soring : a sore subject for equestrians / Katherine Siler -- Legal research on bullfighting in Europe and Latin America / Melissa Abernathy -- Korean Animal Protection Law / Jootaek Lee -- African Law on Animal Rights : trophy hunting / Kerry Lohmeier -- Whaling in Iceland and the Faroe Islands : history and legal resources / Liv Mostad-Jensen -- Animal welfare legal research in Australia and New Zealand / Sarah Reis -- Researching Chinese Animal Law / Alex Zhang.
Sustained growth occurs in developing nations through improvements in markets and organizations. These entrepreneurial innovation resembles a biological mutation that is unpredictable before it occurs and understandable afterwards. It is unpredictable because it begins with the innovator possessing private information by which he earns extraordinary profits. It is understandable because its ends with the public figuring out the innovation and profits approaching the ordinary rate of return. These characteristics of innovation have important consequences for law and policy to foster economic growth. Specifically, government officials who rely on public information cannot predict which firms or industries will experience rapid growth. Consequently, industrial policies that promote growth are unlikely to succeed. Proponents of industrial policy today make the same mistake as the mercantilists whose interventions Adam Smith attacked as a cause of national poverty. In contrast, secure property and contract rights, and effective business law (especially the laws regulating financial markets), create conditions under which competition naturally produces entrepreneurial innovation and nations become rich.
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In: Crime, law and social change: an interdisciplinary journal, Band 76, Heft 5, S. 543-561
ISSN: 1573-0751
"Increasingly globalization has meant that decisions made regarding medical care and health in one country may influence health and disease outcomes in other parts of the world. Recognizing that medical law should not be confined to national silos this handbook approaches medical law and ethics from a global perspective. Whilst respecting and analyzing national developments the chapters take a concerted international approach, looking comparatively at developments within each area. The book brings together leading scholars from both medical law and ethics backgrounds who have contributed specially commissioned pieces in order to present a critical overview and analysis of the current state of the field. The Handbook offers comprehensive coverage of longstanding and traditional topics in medical law and ethics, as well as providing dynamic insights into contemporary and emerging issues in this heavily debated field. Topics covered include: "Human-animal" medicine and medical research Public Health Access to resources and medicines Traditional, complementary and alternative medicines Regenerative Medicine This advanced level reference work will prove invaluable to scholars, students and researchers in the disciplines of law, medicine, dentistry, nursing, ethics and theology "--
In: Studies in space law volume 21
Poland has a long tradition of space-related research and activities, going back to the 15th-century astronomer Nicolaus Copernicus. In the 21st century, the Polish space sector is building stable cooperation between science and industry, developing innovative technologies, and stimulating contacts and foreign cooperation, despite the government only devoting around 0.01 percent of Poland's GDP to its space sector. This overview of the Polish space sector covers the heritage of space-related activities in Poland, present-day development of space law in Poland, and a review of present applications and regulations in both commercial and public applications
Fisheries, particularly small-scale fisheries, in the Association of Southeast Asian Nations (ASEAN) countries are an important source of food security, nutrition, and livelihood for people. However, high fishing pressure and other impacts have resulted in a decline of fisheries resources, questioning the future sustainability of fisheries. Ecolabelling is a tool developed based on the Code of Conduct for Responsible Fisheries and the Food and Agriculture Organization (FAO) Guideline for Ecolabelling of Fish and Fisheries Products from Marine/Inland Fisheries. In the past decades, only a few fisheries in ASEAN countries have been certified. This study particularly focuses on the legal frameworks of these countries and reviews the existing national fisheries legislation, including laws, acts, decrees, directives, rules, and regulations in ASEAN countries in relation to the requirement of the fisheries certification standards. The review reveals that although the legal frameworks in ASEAN member states generally provide a fair basis for their fisheries to meet the requirement of the fisheries certification standards, further improvements are required to incorporate the concept of adaptive management, precautionary approaches, and reference points on fishery management objectives. Monitoring, control, and surveillance of fisheries and other enforcement activities for fisheries legislations are other challenges to ensure sustainability of fisheries through fisheries certification.
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In: Submission to the Thematic Report for the 76th Session of the General Assembly (2021)
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In: The Daunting Enterprise: Essays in Honour of Harry W. Arthurs (S. Archer, D. Drache, P. Zumbansen, eds) (McGill-Queens University Press, 2016), Chapter 20, pages 307-314.
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In: Journal of Law and Medicine, 17: 532-555
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This article offers a new way to understand the intellectual origins of contemporary law. Analyses of law and legal thought tend to emphasize rupture and change. These analyses fail to account for how much of present law and jurisprudence is the continuation of a jurisprudential settlement that occurred in the second half of the nineteenth century. The aim of the settlement was to bring the will of the masses under the control of authoritative legal categories and conceptions of political morality. The principal mechanism of the settlement was the convergence between rationalism and historicism in law. In the nineteenth century, after a period of polarization around the time of the American and French revolutions, rationalism came to see historical events as the outcome of the operation of reason in the world and historicism came to appeal to the rationalizations of legal reasoning in order to endow historical facts with both conceptual stability and intellectual authority. Contemporary law, including the main schools of jurisprudence, remains bound to this convergence of reason and history. Modern law is therefore as much about preservation as it is about change.
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In: Harvard international law journal, Band 11, S. 37-72
ISSN: 0017-8063
The Fourth Industrial Revolution is reshaping the world we know dramatically and is characterised by a close interaction between the biological, digital and physical spheres. Digital technologies are impacting all facets of our lives and create a series of new opportunities but also various challenges. The Fourth Industrial Revolution does not follow a linear development trajectory, but due to the diverse nature and rapid pace of technological developments, could rather be compared to a series of networks with multiple connecting points. This has caused the development of the law which deals with these concerns to generally be slow and unable to match the pace and scope of technological developments. In the context of public law there are many questions and challenges relating to individual rights, for example the right to privacy, and the role and responsibilities of government relating to policy development and regulation dealing with the Fourth Industrial Revolution. The concept of a Rechtsstaat could arguably provide an appropriate legal framework for shaping the ethical framework, normative standards and a value-based governance model for the Fourth Industrial Revolution, including for algorithmic decision-making. The public law concept of accountability should be contextualised in order to apply it to algorithmic decision-making. In the data-driven economy of the 21st century the pace and scope of technological developments that impact humanity requires the development of appropriate legal frameworks to reflect and accommodate the needs of society, in particular relating to the recognition of fundamental human rights. It is concluded that a broad set of ethical and legal principles, which can guide the development of international and national legal frameworks to regulate algorithmic decision-making, is needed.
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This book examines law's troubled relationship with racial justice. Both a lawyer's guide to anti-racism and an anti-racist's guide to legal action, it unites these perspectives to help both groups understand how to use the law to tackle racial injustices.