Suchergebnisse

War and Armed Conflict : The Parameters of Enquiry / Dino Kritsiotis -- The History of International Humanitarian Law Treaty-Making / Frits Kalshoven -- Conflict Characterisation / Caitlin Dwyer and Tim McCormack -- Sources of the Law of Armed Conflict / Jann Kleffner -- Basic Principles / Nobuo Hayashi -- Impact of Human Rights Law / Noam Lubell and Nancie Prudhomme -- Combatants / Emily Crawford -- Military Objectives / David Turns -- Protection of Civilians in the Conduct of Hostilities / Emanuela Chiara-Gillard -- Direct Participation in Hostilities / Michelle Lesh -- Conventional Weapons / Mirko Sossai -- Chemical and Biological Weapons / Robert J Mathews -- Nuclear Weapons in International Law / Dieter Fleck -- Methods of Land Warfare / William J Fenrick -- Law of Naval Warfare / David Letts and Rob McLaughlin -- Air and Missile Warfare / Ian Henderson and Patrick Keane -- Detention under the Law of Armed Conflict / Chris Jenks -- Wounded and Sick, and Medical Services / James P Benoit -- Women and War / Helen Durham and Eve Massingham -- Children and the Law of Armed Conflict : Looking beyond the Protection Paradigm / John Tobin and Eliot Luke -- Cultural Property / Jadranka Petrovic -- The Protection of the Environment / Roberta Arnold -- The Protection of Humanitarian Relief : The Legal Framework / Alison Duxbury -- The Applicability of the Laws of Armed Conflict to Peacekeeping Operations / Daphna Shraga -- Occupation and Territorial Administration / Eyal Benvenisti -- Neutrality Revisited / Elizabeth Chadwick -- The Role of the International Committee of the Red Cross / Kelisiana Thynne -- Reciprocity and Reprisals / Shane Darcy -- State Responsibility / Charles Garraway -- Reparations for Violations in Armed Conflict and the Emerging Practice of Making Amends / Bruce Oswald and Bethany Wellington -- Individual Liability in International Law / Rob Cryer -- Investigations under International Humanitarian Law / Sasha Radin and Michael N Schmitt -- Role of International Courts and Tribunals / Jackson Nyamuya Maogoto -- Universal Jurisdiction over War Crimes / Luis Benavides -- Emerging Technologies of Warfare / Rain Liivoja, Kobi-Renée Leins and Tim McCormack -- Private Military and Security Companies / Nelleke van Amstel and Rain Liivoja -- The Rule of Law in War : A Liberal Project / Louise Arimatsu

This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Royal traditions: capital punishment in the Colonies (1607-1670) -- A competition of faith: beginning of the anti-death penalty movement (1690s) -- A reason for violence: America and the ideals of the Enlightenment (1764-1790) -- Acts of cruelty: the origins of cruel and unusual punishment (1641-1790s) -- The roots of abolition: early studies and laws against the death penalty (1792-1820) -- A private affair?: 'Jacksonian Reform' and capital punishment (1800-1850) -- Mandating death: states struggle with sentencing (1800s-1840s) -- The first reform: the debate begins in earnest (1840s-1852) -- The second reform: the progressive movement takes on capital punishment (1900s) -- Industrial execution: invention of the electric chair (1880-1890) -- A test of cruelty: the evolving definition of punishment (1878-1910) -- A deadly air: the gas chamber is introduced (1920s) -- Execution at war: the military and capital punishment (1775-present) -- Crimes against the nation: treason, sedition, and espionage (1798-1953) -- Random acts: The Universal Declaration of Human Rights (1940s-1970s) -- The right to kill: ongoing support for the death penalty (1950s-1970s) -- A commitment to do no harm: physician involvement and lethal injection in capital punishment (1970s-2000s) -- Rational behavior: capital punishment and insanity (1920s-1980s) -- Age of guilt: juvenile offenders and the criminal justice system (1800s-2000s) -- Wrongful execution: the fallibility of the legal system (1912-1980s) -- In the interest of survivors: the victim's rights movement (1950s-present) -- Death and politics: a rise in support for the death penalty (1980s-1990s) -- Extreme crimes: assassinations and terrorist attacks (1900s-present) -- The ability to understand: the death penalty and mental capacity (1800s-present) -- States of execution: the abolition movement in individual states (2000s) -- Methods of execution: pharmaceutical companies become involved in the abolition movement (2010s) -- The question of deterrence: societal effects of the death penalty (1800s-present) -- The future of the death penalty: changing public perceptions of criminal justice (2010s) -- Conclusion: an evolving history of violence.

"One summer day in Stockholm in 1747, the carpenter's daughter Lena Cajsa Bohman faces trial for disobedience to her father. Soon, she admits to more serious crimes. A tangle of trafficking of young women is revealed. It develops into a story of power and greed, of secret networks and trade with young women. The protocols reflects women's circumstances in a time when all extra-marital sexuality was forbidden and the word prostitution was not used. In 18th century Stockholm, no distinction was made between prostitution and extramarital sexuality. All sexual intercourse outside of marriage was illegal for both women and men. Through the combination of a variety of material sources, from trial protocols to memoirs and hateful whore poems, we get a versatile picture of the commercial sexuality. The testimony of mamsell Bohman tells about how the trade was organized, who the profiteers, the women and the buying men were, where the trade took place and how women who provided sex för money were looked upon. The overall aim is to investigate how the whore stigma remains over centuries. The stigma is extremely adaptable and constantly accommodates to new cultural and social contexts, laws, values and established truths. It is intertwined with dominant notions of good and evil, of honor and contempt. During the 18th century, the whore stigma was not yet linked to payment for sex. It could affect all women, but was crossed by other hierarchical social orders. Despite a rigid legal stance and a strong social control, the boundaries were more permeable than they would later become. There was a striking discrepancy between law, jurisprudence and the verdict of the mob in 18th century Stockholm - a city where the bourgeois daughter Lena Cajsa was able to admit to relations with the notorious Lovisa von Plat and a number of illegitimate sexual relations, but escape punishment and marry into nobility."

"One summer day in Stockholm in 1747, the carpenter's daughter Lena Cajsa Bohman faces trial for disobedience to her father. Soon, she admits to more serious crimes. A tangle of trafficking of young women is revealed. It develops into a story of power and greed, of secret networks and trade with young women. The protocols reflects women's circumstances in a time when all extra-marital sexuality was forbidden and the word prostitution was not used.
In 18th century Stockholm, no distinction was made between prostitution and extramarital sexuality. All sexual intercourse outside of marriage was illegal for both women and men. Through the combination of a variety of material sources, from trial protocols to memoirs and hateful whore poems, we get a versatile picture of the commercial sexuality. The testimony of mamsell Bohman tells about how the trade was organized, who the profiteers, the women and the buying men were, where the trade took place and how women who provided sex för money were looked upon.
The overall aim is to investigate how the whore stigma remains over centuries. The stigma is extremely adaptable and constantly accommodates to new cultural and social contexts, laws, values and established truths. It is intertwined with dominant notions of good and evil, of honor and contempt. During the 18th century, the whore stigma was not yet linked to payment for sex. It could affect all women, but was crossed by other hierarchical social orders. Despite a rigid legal stance and a strong social control, the boundaries were more permeable than they would later become. There was a striking discrepancy between law, jurisprudence and the verdict of the mob in 18th century Stockholm - a city where the bourgeois daughter Lena Cajsa was able to admit to relations with the notorious Lovisa von Plat and a number of illegitimate sexual relations, but escape punishment and marry into nobility."

" What is a market? To most people it is a shopping center or an abstract space in which stock prices vary minutely. In reality, a market is something much more fundamental to being human, and it affects not just the price of tomatoes but the boundaries of everything we value. Reading the newspapers these days, you could be forgiven for thinking that markets are getting ever more efficient-and better. But as Tim Sullivan and Ray Fisman argue in this insightful book, that view is far from complete. For one thing, efficiency isn't always a good thing-illegal markets are very often more efficient than legal ones, because they are free of concern for laws and human rights. But even more importantly, the chatter about efficiency has obscured a much broader conversation about what kind of economic exchange we actually want. Every regulation, every sticker price, and every sale is part of an ever-changing ecosystem-one that affects us as much as we affect it. By tracing 50 years of economic thought on this subject, Fisman and Sullivan show how markets have evolved-and how we can keep making them better. This leads to fascinating and surprising insights, such as: Why your $10,000 used car is likely to sell for $2,000 or less; Why you should think twice before buying batteries on Amazon; and Why it's essential that healthy people buy medical insurance. In the end, The Inner Lives of Markets argues for a new way of thinking about how you spend your money-it shows that every transaction you make is part of a grand social experiment. We are all guinea pigs running through a lab maze, and the sooner we realize it, the more effectively we can navigate the path we want"--

This report contains the 2014 "Phase 2: Implementation of the Standards in Practice" Global Forum review of Saudi Arabia. The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by over 130 jurisdictions which participate in the work of the Global Forum on an equal footing. The Global Forum is charged with in-depth monitoring and peer review of the implementation of the standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004, which has been incorporated in the UN Model Tax Convention. The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. "Fishing expeditions" are not authorised, but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard. All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction's legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined – Phase 1 plus Phase 2 – reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes.

How do the United States and France differ in laws and attitudes concerning discrimination at work? Franco-American scholar Marie Mercat-Bruns interviews prominent legal scholars to demonstrate how these two post-industrial democracies have adopted divergent strategies. Whereas employers in the United States and France rarely discriminate openly, deep systemic discrimination exists in both countries, each with a unique history of dealing with difference. Powerful and incisive, the book examines hot-button issues such as racial and religious bias, sexual harassment, gender discrimination, and equality for LGBT individuals, highlighting comparisons that will further discussions on social equality and fundamental human rights across borders. "Mercat-Bruns makes original use of comparative law to shed new light on the issue of discrimination at work. In addition to reviewing the literature, she enters into a rich dialogue with American experts about their core findings. This book makes a fascinating and useful contribution to one of today's most pressing issues." -ANTOINE GARAPON, Secretary General, Director of the Comparative Law Program, Institut des Hautes Etudes sur la Justice (IHEJ) "A very interesting and innovative approach to examining nondiscrimination law." -LISA WADDINGTON, Professor of International and European Law, Maastricht University "A dialogue among America's most prominent contemporary theorists of discrimination, Discrimination at Work comprises a series of pluralistic, audacious, and critically considered reflections on discrimination in the workplace." -ANTOINE LYON-CAEN, President of the International Institute for Comparative Studies (IIPEC), Professor Emeritus of French Labor Law, Paris West University Nanterre La Défense MARIE MERCAT-BRUNS is Affiliated Professor at Sciences Po Law School and Associate Professor in Labor and Employment Law at the Conservatoire National des Arts et Métiers in Paris. She is a member of the Research Institute LISE CNRS (Codirector of the program Gender, Categories and Policy) and also of the scientific committee of PRESAGE (Sciences Po/OFCE Research and Academic Program on Gender Thinking).

"This accessible introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors provide extensive analysis of the formation of the First Amendment religion clauses and the plausible original intent or understanding of the founders. They describe the enduring principles of American religious freedom--liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion--as those principles were developed by the founders and applied by the Supreme Court. Successive chapters analyze the two hundred plus Supreme Court cases on religious freedom--on the free exercise of religion, the roles of government and religion in education, the place of religion in public life, and the interaction of religious organizations and the state. A final chapter shows how favorably American religious freedom compares with international human rights norms and European Court of Human Rights case law. Lucid, comprehensive, multidisciplinary, and balanced, this volume is an ideal classroom text and armchair paperback. Detailed appendices offer drafts of each of the religion clauses debated in 1788 and 1789, a table of all state constitutional laws on religious freedom, and a summary of every Supreme Court case on religious liberty from 1815 to 2015. Throughout the volume, the authors address frankly and fully the hot button issues of our day: religious freedom versus sexual liberty, freedom of conscience and its limitations, religious group rights and the worries about abuse, faith-based legal systems and their place in liberal democracies, and the fresh rise of anti-Semitism, Islamophobia, and anti-Christianity in America and abroad. For this new edition, the authors have updated each chapter in light of new scholarship and new Supreme Court case law (through the 2015 term) and have added an appendix mapping some of the cutting edge issues of religious liberty and church-state relations"--

Attesting to the ever-increasing presence and influence of Islamism is the emergence of Islamic State of Iraq and the Levant. This newfangled theocracy is a constant source of inversions and shockwaves. But, while 'Islamism, Statehood and Human Rights' does not give a day-to-day account of events in the newly created state, it does look in depth at the worldviews that shape public policies and law in the 21st century world of Islam. At the heart of this book is the question of whether religious and political philosophies of contemporary Islamic regimes are compatible with human rights originating from the secular tradition of the West. 00The book contributes to the ongoing universalist-relativist debate in international relations and law. It examines two different worlds with competing perspectives on international human rights: firstly, a world where all humans are, by nature, entitled to human rights, and secondly a world where religious identity is a requirement for human rights. The former world of entitlement usually consists of secular societies where efforts are consistently made to ensure the separation of Church and State. In the latter world however, there is a hypostatic union between Church and State. Political and legal authority is stamped on the minds of citizens or subjects through religion. Rights, some theocrats believe, are divinely ordained and ascribed to members of a given community of faith.00Informing the interdisciplinary research is a spirited desire for ethnographic understanding in multicultural societies and for peaceful co-existence within modern multi-religious states, which are often divided and threatened not only by religion but also by the manipulation of laws derived from religiously based traditions. 'Islamism, Statehood and Human Rights' accordingly investigates and analyses how law, politics and religion interact in such local and international public arenas

On February 26, 2012, 17-year-old African American male Trayvon Martin was shot and killed by George Zimmerman, a 28-year-old biracial (Caucasian and Peruvian) male in Sanford, Florida. Martin was shot and killed within a gated community, where he was visiting his father, Tracy Martin, and the latter's fiancé. Martin, returning from a store where he had purchased a bag of Skittles and a bottle of Ice Tea, was unarmed. The encounter between Martin and Zimmerman proved fatal for Martin. As for Zimmerman, 45 days passed before he was charged with any crime. Pursuing Trayvon Martin: Historical Contexts and Contemporary Manifestations of Racial Dynamics attempts to capture what we, a critical cadre of scholars, think about this potentially volatile situation in the moment. The text addresses issues across various thematic domains, as we have delineated various concerns that are broad and yet relevant. Some of these themes include: how Trayvon Martin's killing might be depicted within the specifically historical context of racism, especially as some have compared Martin's situation to that of Emmett Till and Rodney King; how contemporary conceptions/perceptions and treatment of Black bodies and/or black embodiment from the historical perspective of white supremacy in the United States continue to function or not function in our contemporary moment; how we ought to think about the political and legal implications of the Trayvon Martin case within the context of the politics and laws that have historically informed and shaped black people's lives; how we should think critically about the historical exclusion of black bodies/embodiment in public space and the ramifications for the ways in which black people must navigate public space today; and, finally, how we should think about the ways in which the historical negative gendering of black girls and boys/black men and women, with respect to their white counterparts, in a white supremacist society, have impacted various intersections of race and gender in our contemporary setting

This book provides a comprehensive approach to Corporate Governance, Audit Process and Risk Management. Furthermore, it provides an analytical and comprehensive approach of the issues facing governance directors, internal and external auditors, risk managers, and public officials conducting assessments based upon the Report on Standards and Codes, The recent global economic crisis has highlighted the importance of strong corporate governance systems. The failure of many of the 'gatekeepers' (i.e. auditors) to protect the efficiency of the financial markets has left many wondering whether there exists a sound model of corporate governance and if so, what the features of such a model are. The International Corporate Governance System: Audit Roles and Board Oversight provides a comprehensive legal, economic and financial approach to corporate governance. It addresses the practical aspects of corporate governance, auditing and risk management whether within principles-based regulatory approach or the rules-based approach. Starting with the OECD principles, their application by both the IMF and the World Bank, the book analyzes and compares corporate governance systems in the US, the UK, Canada, Australasia, Japan, Continental Europe, the BRICS, Saudi Arabia. The book moves on to analyze the audit roles and legislations in the US (SOX Act), the EU Statutory Audit Directive, the ROSC, the Audit Scandals, the auditors' liabilities, and the future of auditing. Finally, the author provides comprehensive coverage of the board oversight function, the management fraud types and the role of the audit committee. The International Corporate Governance System is geared to a large public of lawyers, economists, financiers, and accountants who want to enhance their knowledge and skills in this interdisciplinary field. Business school students, law graduates, economics graduates will learn how law and regulation affect management practices, strategies and aims. Likewise, government officials, risk managers, chief financial officers, chief operating officers in charge of supervision and enforcement of laws and regulations will find a guide in their difficult environment

Studying and evaluating the built environment / Kathryn M. Kuranda -- Principles of architectural preservation / David L. Ames and Leila Hamroun -- Archaeology of the distant past / Michael J. Moratto -- Archaeology of the recent past / Thomas F. King -- Geographies of cultural resource management : space, place and landscape / William M. Hunter -- Culturally significant natural resources : where nature and culture meet / Anna J. Willow -- History as a cultural resource / Deborah Morse-Kahn -- Portable cultural property : "this belongs in a museum?" / Wendy Giddens Teeter -- "Intangible" cultural resources : values are in the mind / Sheri Murray Ellis -- Religious belief and practice / Michael D. McNally -- Language as an integrated cultural resource / Bernard C. Perley -- Challenges of maritime archaeology : in too deep / Sean Kingsley -- Historic watercraft : keeping them afloat / Susan B.M. Langley -- Historic aircraft and spacecraft : enfants terribles / Ric Gillespie -- Studying and managing aerospace crash sites / Craig Fuller and Gary Quigg -- Evaluating and managing technical and scientific properties : rockets, Tang, and telescopes / Paige M. Peyton -- Historic battlefields : studying and managing fields of conflict / Nancy Farrell -- Managing our military heritage / D. Colt Denfield -- Linear resources and linear projects : all in line / Charles W. Wheeler -- Rock art as cultural resource / Linea Sundstrom and Kelley Hays-Gilpin -- Consultation in cultural resource management : an indigenous perspective / Reba Fuller -- A displaced people's perspective : where we're from / David Nickell -- Cultural resource laws : the legal mélange / Thomas F. King -- International variety in cultural resource management / Thomas J. Green -- Consultation and negotiation in cultural resource management / Claudia Nissley -- Being a U.S. government cultural resource manager / Russell L. Kaldenberg -- Making a living in private sector cultural resource management / Tom Lennon -- The historic built environment : preservation and planning / Diana Painter -- CRM and the military : cultural resource management / Michael K. Trimble and Susan Malin-Boyce -- A future for cultural resource management? / Thomas F. King

One of the most challenging issues facing our current information society is the accelerating accumulation of data trails in transactional and communication systems, which may be used not only to profile the behaviour of individuals for commercial, marketing and law enforcement purposes, but also to locate and follow things and actions. Data mining, convergence, interoperability, ever- increasing computer capacities and the extreme miniaturisation of the hardware are all elements which contribute to a major contemporary challenge: the profiled world. This interdisciplinary volume offers twenty contributions that delve deeper into some of the complex but urgent questions that this profiled world addresses to data protection and privacy. The chapters of this volume were all presented at the second Conference on Privacy and Data Protection (CPDP2009) held in Brussels in January 2009 (www.cpdpconferences.org). The yearly CPDP conferences aim to become Europe`s most important meeting where academics, practitioners, policy-makers and activists come together to exchange ideas and discuss emerging issues in information technology, privacy and data protection and law. This volume reflects the richness of the conference, containing chapters by leading lawyers, policymakers, computer, technology assessment and social scientists. The chapters cover generic themes such as the evolution of a new generation of data protection laws and the constitutionalisation of data protection and more specific issues like security breaches, unsolicited adjustments, social networks, surveillance and electronic voting. This book not only offers a very close and timely look on the state of data protection and privacy in our profiled world, but it also explores and invents ways to make sure this world remains a world we want to live in. TOC:I. GENERIC ISSUES.- II. SPECIFIC ISSUES : SECURITY BREACHES, UNSOLICITED ADJUSTMENTS, FACEBOOK, SURVEILLANCE AND ELECTRONIC VOTING.- III. THIRD PILLAR ISSUES.- IV. TECHNOLOGY ASSESSMENT VIEWS.- V. LEGAL PRACTITIONER`S VIEWS.- VI. TECHNOLOGIST`S VIEWS

As one of the most massive and successful business sectors, the pharmaceutical industry is a potent force for good in the community, yet its behaviour is frequently questioned: could it serve society at large better than it has done in the recent past? Its own internal ethics, both in business and science, may need a careful reappraisal, as may the extent to which the law - administrative, civil and criminal - succeeds in guiding (and where necessary contraining) it. The rules of behavior that may be considered to apply to today's pharmaceutical industry have emerged over a very long period and the process goes on. Even the immensely detailed standards for quality, safety and efficacy laid down in drug law and regulation during the second half of the twentieth century have their limitations as tools for ensuring that the public interest is well served. In particular, national and regional regulatory agencies are heavily dependent on industrial data for their decision-making, their standards and competence vary, and even the existing network of agencies does not cover the entire world. What is more there are many areas of law and regulation affecting the industry, concerning for example the pricing of medicines, the conduct of clinical studies, the health protection of workers and concern for the environment. In some fields it is indeed hardly possible to maintain standards through regulation. Professor N.M. Graham Dukes, a physician and lawyer with long term experience in industrial research management, academic study and international drug policy, provides here a powerfully documented analysis into the way this industry thinks, acts, and is viewed, and examines the current trends pointing to change. *Provides a balanced picture of the current role of the pharmaceutical industry in society *Includes indices of conventions, laws, and regulations; as well as judicial and disciplinary cases *This is the only book addressing the legal implications of big pharma activities and ethical standards