Global Perspectives on Press Regulation, Volume 2
In this ground-breaking two-volume set, world-leading experts produce a rich, authoritative depiction of the world's press, its freedom, and its limits. We want press freedom but we also want freedom from the press. A powerful press may expose corrupt government or aid it. It may champion citizens or unfairly attack them. A vulnerable press may lack supporters and succumb to conformity. It may resist, and overcome tyranny. According to common belief, press freedom involves social responsibilities to equip public debate and render government transparent. Is this attitude valid given that the press is usually a private, commercial actor? Globally, the health, authority, and viability of the press varies dramatically. These patterns do not conform to traditional divisions between North and South, East and West. Instead, they are much more complex. How do we measure successful press regulation? What concessions can the state and/or society demand of the press? What constitutes the irreducible core of press freedom? The contributions in Volume 1 look at key jurisdictions in Europe; whereas Volume 2 goes beyond Europe to analyse the situation in key jurisdictions in Asia, Africa, the Americas and Oceania. Each volume can be used independently or as part of the complete set. This work will be incredibly valuable to policy makers and academics who seek to capture the global picture for the purposes of effecting change.
The Evolving Governance of EU Competition Law in a Time of Disruptions
This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.
Territorial Governance in Southeast Asia
This book assesses territorial governance (that is, all forms of subnational governance) as a constitutional artefact in five Southeast Asian countries - Indonesia, Malaysia, Myanmar, the Philippines, and Thailand. Starting with the linked ideas of localism and subsidiarity, the argument is that these states have used various forms of subsidiarity for dealing with ethnic and religious pluralism and the social diversity for which Southeast Asia is especially noted. Territorial governance mechanisms discussed range from decentralisation to special regional autonomy, federalism, and local government, including village autonomy. A silent revolution has occurred in which our view of these states as highly centralised 'developmental states' is in need of serious modification. Southeast Asia, the book argues, presents a high degree of originality in the framing of territorial governance.
Labour Law and Economic Policy
This open access book studies labour institutions from an economic perspective to justify their existence and the advantages that they bring to innovation, efficiency, productivity, and economic growth. The philosophical foundations of labour law rely on the protection of the weaker party of the employment contract. However, after 40 years of political neoliberalism, these justifications seem insufficient for achieving progress in the area of labour and employment rights. This book changes the narrative of why we need labour standards. It begins with a study of the reasons that gave rise to labour law in the context of the Industrial Revolution and its evolution, and moves on to analyse the current context dominated by globalisation and economic digitisation. It then proceeds to study the main justifications for intervention in the labour market in the current business-economic context on a global scale: economic growth; pre-distribution of wealth; a meritocratic allocation of working conditions and equality among workers. Using case studies and examples from across the EU, the UK, and the US, the book shows how the deregulation of labour markets harms innovation and the economy, especially when considering the challenges of platform work, algorithms, and AI. It demonstrates that labour standards such as the minimum wage, sectoral collective bargaining and collective rights, protection against dismissal and discrimination, occupational risk prevention, and social security are necessary for the economy to function properly. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Universitat de Val癡ncia.
A Socio-Legal Theory of Money for the Digital Commercial Society
This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book provides academics, regulators and policy makers with a multidisciplinary analysis that includes elements such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons. The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies such as Bitcoin.
AI and the Rule of Law
This book considers the ways in which the concept of the Rule of Law will need to evolve in order to ensure that the exercise of power by Artificial Intelligence (AI) does not become arbitrary and does not proceed unchecked. It presents the Rule of Law and its impact on the past and the present; it considers what AI is, what it does, and what it might become in future; and it looks at how AI will need to be harnessed to allow power to be exercised more effectively in the future. The book argues that the Rule of Law has for centuries been the concept that protects against the arbitrary exercise of power. However, the exercise of power by AI unchecked by humans strains the concept's ability to provide this protection.
Financial Market Infrastructure and Economic Integration
This book is the first comprehensive study of the interplay between the cutting-edge regulation of financial infrastructure and international economic integration. It tackles a series of important questions: How does the regulation of central counterparties interact with international economic law? Is the WTO able to deal with the regulatory diversity of each country's financial rulebook? Do FTAs foster deeper integration of financial infrastructure services? Can competition law effectively tackle monopolisation and anti-competitive conduct in financial infrastructure? The book discusses how the liberalisation of financial market infrastructure is achieved within the most prominent international economic integration settings: the WTO, Economic Integration Agreements, and EU competition law. It explores whether a more harmonious relationship between financial regulation and economic integration is feasible, and how it can be achieved. The book demonstrates the existence of both structural barriers to trade and trade-facilitating tools that can impede and foster the further integration of financial market infrastructure. Measuring the depth of liberalisation of financial market infrastructure services in more than 120 FTAs, as well as surveying recent case law of the WTO, the Court of Justice of the European Union, and the practice of the European Commission, the book shows how the economic integration of financial market infrastructure occurs. An essential read for those seeking to understand how the cutting-edge regulation of financial market infrastructure and transnational systems of economic integration interact with one another.
The European Roots of the Lex Sportiva
This open access book explores the complexity of the lex sportiva, the transnational legal regime governing international sports. Pioneering in its approach, it maps out the many entanglements of the transnational governance of sports with European legal processes and norms. The contributors trace the embeddedness of the lex sportiva within national law, European Union law and the European Convention on Human Rights. While the volume emphasizes the capacity of sports governing bodies to leverage the resources of national law to spread the lex sportiva globally, it also points at the fact that European legal processes are central when challenging the status quo as illustrated recently in the Semenya and Superleague cases. Ultimately, the book is also a vantage point to start critically investigating the Eurocentricity and the complex materiality underpinning the lex sportiva. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.
Pandemocracy in Latin America
This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the 'rule of law' impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation. Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.
Recognition and Protection of Well-Known Marks under Rwanda's Intellectual Property Law
Probation Violations in North Carolina
Probation Violations in North Carolina sets out the law applicable to state probation violation hearings. A probation violation hearing is less formal than a criminal trial, but it still requires certain procedures as a matter of state statute and constitutional due process.In 2011, the General Assembly passed the Justice Reinvestment Act, making major changes to the law of sentencing and probation. The revised law placed substantial limitations on a judge's authority to revoke probation for violations other than a new criminal offense or absconding. Subsequent appellate litigation, discussed in this book, has resolved many of the questions that were unanswered at the time of the law's enactment.The law and procedures discussed in this book apply to supervised and unsupervised probation alike and to cases sentenced under both Structured Sentencing and the state impaired driving law.
Restaurant Ridiculous
Every 39 minutes someone dies on America's roadways - and countless others are being injured, harmed, and maimed - because of a drunk driver.Without question, many of those drunk drivers were being overserved alcohol in restaurants and bars, long after showing their first visible signs of intoxication to the person who served them.Serving a customer alcohol after that customer has shown visible signs of intoxication is dangerous, deadly, irresponsible, and illegal - and could turn into a horrendously stressful, time-consuming, and expensive lawsuit.So what's wrong with America's Restaurants and Bars?The best answer I can give you is this: the restaurant and bar industry is covered up with ignorance, apathy, incompetence, and management neglect. Competent management oversight is often non-existent, and the cesspool of mediocrity and below-industry standard operational performance is putting us all at risk - making the restaurant and bar industry the most dangerous industry on the planet, and the overserving of alcohol to a visibly intoxicated person the catalyst that is killing innocent people from sea-to-shining-sea at a record pace. That's what's going on!Inside this book, court-testifying Forensic Scientist and Restaurant Expert Witness Howard Cannon reveals the 99+ signs of visible intoxication that employees and employers should know, the scientific formula for risk assessment used by industry risk managers, the four biggest industry hazards pertaining to overserving, the standard steps to create a culture of safety for the industry, and much more!
The Impact of the Federal Acquisition Streamlining Act of 1994 on Post-Award Protest Frequency
The protest process is a means of ensuring that the Government conducts procurements in accordance with statutory and regulatory procedures. Additionally, protests serve a vital role in assuring full and open competition in the federal acquisition process. Protests can be costly in many aspects, including the direct costs of taking the action as well as more indirect costs such as program delays and damaged business relationships. The Government recognizes the negative impact protests have on the procurement process and has enacted several laws and regulations in an effort to reduce protest frequency and streamline procurement procedures. While it appears that the Government has made substantial efforts aimed at reducing protests, it becomes necessary to ask whether they were successful in their efforts. This study examined one such piece of legislation, the Federal Acquisition Streamlining Act of 1994 (FASA), and found that there was an impact on particular contracting practices. Additionally, the findings of this study indicate that protest frequency within the Air Force has decreased since FASA's implementation. This correlation suggests that FASA did have an impact on reducing the frequency of protests.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Formal Mediation and Negotiation Training, Providing Greater Skills for Commanders in Bosnia
U.S. Army units have been conducting peace operations in Bosnia since December 1995. There, the environment evolved from being one characterized by peace enforcement operations to one characterized by peacekeeping operations. As part of pre-deployment training and certification requirements, commanders and their units still train for peace operations. However, the training is not optimized for the environment that they will encounter. The Bosnia environment requires battalion and brigade commanders to possess and utilize mediation and negotiation skills. These skills enable consensus and cooperation building among former warring faction (FWF) leaders, other militaries, non governmental organizations (NGOs), and other national and international agencies as they continue to implement the General Framework of Peace (GFAP) in Bosnia. If the U.S. Army followed U.S. policy, joint, and service doctrine, commanders would be better prepared for peace operations in Bosnia. This monograph investigates and establishes a foundation of mediation and negotiation theory as it pertains to conflict resolution. It analyzes national policy, joint doctrine and service doctrine to determine that several doctrinal and policy requirements to train commanders in mediation and negotiation exist. After establishing doctrinal requirements for mediation and negotiation training, the monograph analyzes operational guidance and practice in Bosnia as well as the practices of other actors described above. This analysis serves to validate the doctrinal requirements. Interviews of former Implementation Force (IFOR) and Stabilization Force (SFOR) commanders and after action reports (AARs) then provide a basis of comparison that determines that the pre-deployment training for Bosnia is ineffective in developing adequate mediation and negotiation skills. It further determines that sufficient training programs are available or can be developed that will ensure a minimum competency in these skills for baThis work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Global Positioning System Selective Availability
Since World War II, the United States has yielded many of its policy decisions to the desires of the United States military. These policy decisions reach from nylon and aluminum restrictions for the war efforts of World War II through the tough military build-up policies of the 1980s amidst fiscal constraints. In the aftermath of the conflict in Vietnam, President Ronald Reagan was determined to regain America's influence in the world by rebuilding the military and strengthening the economy. In 1989, the Berlin Wall came crashing down as the prelude to the fall of the Soviet Union and the Iron Curtain of communism. Without the apparent threat of war with the Soviet Union, the United States began to focus more on maintaining an economic and political leadership role around the world. No longer did the United States military hold a firm grip on the rudder of national policy. Instead, a balance between the amount of military power required to remain relevant in the world and economic and political influence was sought. One of the tools provided by the military to the civilian community is the Global Positioning System (GPS). This system, originally designed for the United States military, was released for public use in a degraded form after the tragic downing of a Korean airliner by Soviet fighter aircraft after the airliner unknowingly strayed into Soviet airspace in 1983. The GPS system's full accuracy capability was not released to the public out of fear by the Department of Defense (DOD) that potential adversaries might use the system for inertial guidance of smart munitions against the U.S. Currently, there is a controversy over the possibility of expanded access to the highly accurate GPS signals heretofore available only to authorized DOD users. The decision to grant full access to the precision signal will be made by the President of the United States after weighing all of the factors which impact on the full release of this system for unrestricted civilian usThis work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Insurrection Act Restored
Early in the history of the Republic, the delegates to the Constitutional Convention and the members of the subsequent Congresses understood that the President required power to execute the laws of the land. Under authority of the Militia Clause, Congress enacted the Militia Act of 1792 and the subsequent Insurrection Act of 1807 to provide the President with authority to call forth the militia of the states to execute the laws and suppress insurrections. As recent as 1992, President George W. Bush relied upon the Insurrection Act to federalize much of the California National Guard and employ an additional force of approximately 4,000 active Army and Marine troops to suppress the Los Angeles Riots, which had flared up as the result of the controversial acquittal of white police officers who used force against an African American suspect. In addition to the Insurrection Act, Congress enacted the 1974 Disaster Relief Act and subsequent 1988 Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide the President with authority to act in response to natural or manmade disasters within the United States. On numerous occasions, the Stafford Act has been the basis for federal assistance, including military assistance, to affected areas during hurricanes, floods, forest fires, and other incidents. In the majority of cases where the President has invoked the Insurrection Act or the Stafford Act, he has done so at the request of a governor. In most cases, the President's use of federal troops, including federalized National Guard troops, has been part of a tiered response of local, state, and federal responders. However, after Hurricane Katrina devastated the Gulf Coast in 2005, the response at all levels drew criticism from the media and the public at large. In an attempt to improve disaster response efforts, Congress amended the Insurrection Act by broadening its applicability beyond instances of well-defined insurrection, rebellion, unlawful combination, This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The Military War on Drugs
Over the last two decades more than $179,5 billion have been spent by the Department of Defense (DoD) and other government agencies combating the importation and illegal use of drugs into the United States. The purpose of this paper is to determine whether the U.S. military efforts played either a positive, negative, or neutral role in Drug Enforcement Operations (DEO)? To determine the effectiveness of the military contributions several questions are asked and answered. The paper looks at various measures of effectiveness (MOE), total costs to the military, and the outcome of the DoD effort. It also provides some background on the counterdrug effort and shows drug abuse in America is nothing new. Current measures of effectiveness (MOE) for drug enforcement operations include the "retail" or "street" price of drugs in various US cities, which reflects the supply of illegal drugs.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Importance of Ethics in Counterinsurgency Operations
The intent behind this paper was to develop a set of key principles that would support both planners and operators in the conduct of counterinsurgency operations. This set of principles would also be morally acceptable on an international level, which would not only support the conduct of operations but would lead to enhanced legitimacy and acceptance. The development of these principles is important as the current methods that the Coalition is employing in both Iraq and Afghanistan are not only ineffective, but they are increasing the rift in relations between the West and the Middle East. Prior to commencing this paper I expected that I would find similarities in the COIN principles, which various military organizations were employing around the globe. I also believed that many of these organizations would have forgotten lessons of the past and tried to re-invent the wheel as they were involved in a new counterinsurgency battle. Although it was my intention to establish some universal morals by examining Western and Islamic cultures, I did not believe that there would be a great deal of commonality between the two. The method of analysis that was employed to conduct this paper primarily involved the qualitative analysis of ethics/morality and counterinsurgency. After developing a set of ethical principles and analyzing them against Kant'scategorical imperative to confirm universality, these principles were then combined with the proposed COIN principles to develop a set of ethically sound principles for COIN. These principles were then compared against two case studies to confirm their employability. The results of the analysis were a set of morally sound COIN principles that provided positive results when compared against the case studies of Algeria and Malaya. These ethically sound COIN principles were then utilized to provide several recommendations for the conduct of operations in Iraq and Afghanistan. The major inconsistency between the hypothesis and the reThis work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
How the War Powers Resolution Empowers Presidential Warmaking Rather Than Curbs It
Congress passed the War Powers Resolution of 1973, as the Vietnam War was winding down, in an attempt to contain presidential war powers and "reassert traditional congressional prerogatives in foreign policy as envisioned by the Constitution."1 What impact has the War Powers Resolution had on the original intent of Congress? Contrary to its legislative intent, the poorly-written War Powers Resolution has found frequent use as an enabler for the President to commit troops rather than as a check on executive warmaking authority.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Drone Warfare
The employment of unmanned aircraft systems (UASs) or "drones" by the United States to kill targeted members of al Qaeda and the Taliban has raised several issues regarding the legality of these operations. The law of armed conflict supports the operation of drones when conducted by combatants, i.e. members of the United States military. The legality of these drone operations when conducted by the CIA is controversial primarily because of the noncombatant status of the CIA operatives. In both instances, however, drone warfare satisfies the principles of discrimination and proportionality of the just war doctrine. While many in the international law community insist the CIA stop operating drones, the author takes the pragmatic position that it is unrealistic to expect the CIA to cease these operations due to their success and the lack of a reasonable alternative in sensitive locations. She argues that most important to the international law community should be transparency and accountability of this weapon's target selection and verification process rather than the distinction of its off-the-battlefield operators. Therefore, the author argues it is time to recognize a paramilitary or quasi-combatant status for CIA operatives engaging in direct hostilities authorized by the President of the United States, as opposed to insurgents who operate under no legitimate authority.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Practicing What We Preach on Human Rights
This paper answers the question of whether the United States is hypocritical in its criticism of other countries human rights records in light of its own treatment of detainees in the global war on terror (GWOT). It first offers a brief overview of the role human rights played in the formation of American's government and how it continues to be an important influence on U.S. policy today. It next examines criticisms of America's treatment of detainees in the GWOT and then provides examples where the U.S. government has criticized other governments for conduct similar to its own in that campaign. The paper concludes by analyzing the ethical aspect of America's actions using morale theory to determine whether the U.S. has been hypocritical and briefly discusses potential consequences of hypocritical behavior, within the context of the GWOT as well as on a broader scale. Ultimately the paper reaches the conclusion that the U.S. has been hypocritical and that its hypocrisy could undermine its efforts in the GWOT.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Territorial Waters of Greece and Air/Maritime Navigation
The Aegean Sea, with its thousands of islands and unique location, has a huge geo-strategic importance for Greece. Especially, in recent years it has gained more importance and constitutes an issue for serious study for two reasons: First, the illogical claims for Turkish domination over the Aegean Sea and second the importance of its role to the National Defense of Greece. The relations between coterminous countries, especially those that have a sea in between, are defined by the norm of the International Law. These norms spring mainly from International treaties for both Sea Law and Maritime Customs. According to Law of the Sea Convention (LOSC), Montego Bay 1982, the off-shores countries have the right of extension of their territorial waters up to 12 nautical miles. The Greece desires to apply this norm, but the Turkey considers that as casus belli (cause of war) threatening her.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Focusing the Eyes Over America
Abstract With the increasing usage of Remote Piloted Aircraft (RPA) domestically by a wide range of government agencies, there is an increased potential for violation of the civil liberties of U.S. persons. A review of the current regulations governing the employment of RPA domestically reveals shortfalls that need to be addressed to better provide an acceptable balance between mission accomplishment and protection of U.S. persons' civil liberties. Three courses of action to address these shortfalls were evaluated: prohibiting all RPA usage domestically, implementing additional regulations, and not taking any action to change current regulations. The implementation of additional regulations to govern the domestic RPA usage was determined to be the best course of action. Recommendations were made regarding the possible implementation of overarching guidance governing the ethical usage of RPA domestically. This guidance would address the permissible collection, retention and dissemination of information on U.S. persons, modeled after the existing Intelligence Oversight Program regulations. The need for judicial clarification regarding when warrants will be required by law enforcement, as well as what laws may need to be implement to govern private use of RPA, was also identified.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Pocket Edition Of The United States Tariff Act As Passed By Congress, October 3, 1913
This is a pocket edition of the United States Tariff Act as passed by Congress on October 3, 1913, together with a schedule of articles revised to January 1, 1914. It includes the rate of duty and paragraph of law for each article. Compiled by F.B. Vandegrift & Co. and William Watson Rich, this edition offers a comprehensive reference to the tariff regulations in effect during the early 20th century.This historical document provides valuable insight into the economic policies and trade practices of the United States during a period of significant industrial and commercial growth. Researchers and historians will find this detailed compilation an essential resource for understanding the complexities of early American trade law and its impact on the nation's economy.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Legitimate Use of Military Force Against State-Sponsored International Terrorism
I thank Maj Gen Robert W. Norris, The Judge Advocate General, Headquarters United States Air Force, for the opportunity to research the subject of international law within the context of legitimating military force as an option in response to international terrorism. The study of the capacity of international law to meet the challenge of terrorism has been inadequate. In this study, I explore the full capacity of international law in this regard. I would be remiss if I did not also express my appreciation to General Norris for his unwavering support and encouragement and for the valuable assistance provided to me by his staff. In particular, I thank Col Nolan Sklute, executive to The Judge Advocate General, and Col Robert Hitt, chief, International Law Division, Headquarters United States Air Force. I am grateful to several of Colonel Hitt's staff: Will Carroll, Lt Col Philip Meek, Lt Col Dennis Yoder, and Maj Thomas Tudor. This study would not have been possible without the support of the Air University Center for Aerospace Doctrine, Research, and Education (AUCADRE). My thanks to Dr Lawrence Grinter, who as my research adviser, provided immeasurable and professional guidance and assistance. I am indebted also to Tom Lobenstein who served as my editor. Special thanks are due Dr Stephen Sloan, former senior research fellow, AUCADRE; Dr James Winkates, Air War College; Col Richard Porter, US Department of State, Office of Counter-terrorism; Lt Col Joe Ryan and the members of seminar five of the Air War College class of 1987; and Jane Gibish, bibliographer, Air University Library. Most of all, I thank my wife, Joan, and my daughter, Karen, for reasons only they know.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The International Covenant on Economic, Social and Cultural Rights and the Employment Relation
This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).
The Foundations of Tort Law in the Civilian Tradition
The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.
Stability and Change in Modern Property Law
This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of 'functional transformation' of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.
Digital Sovereignty and the Green Transition
This book is the first investigation of the relationship between EU digital sovereignty and sustainability strategies.It maps the ambitions and limitations of EU digital strategic autonomy and explores the structural challenges underlying its relationship with its green transition objectives in the context of the ongoing wars in neighbouring European countries and the consequent tensions in the EU energy sector.The EU is racing to achieve technological independence from third countries and foreign multinational companies to protect its digital sovereignty and preserve its fundamental rights. In the EU, digitalisation and the green transformation are seen as twin transitions. Yet, EU digital sovereignty strategies have a significant environmental cost. Reaching a status of strategic autonomy of the EU at the level of digital infrastructures, products, services and data implies higher energy consumption and exploitation of natural resources. Moreover, the geopolitical tensions following the Russian invasion of Ukraine have provoked an unprecedented energy crisis, which is affecting EU economies and impacting objectives of the twin transitions.The book offers an interdisciplinary analysis of the major EU regulatory and policy instruments in this field, providing an invaluable guide for academics, practitioners, and policymakers navigating the complex issues of preserving digital sovereignty and addressing climate change in times of war and energy crisis.
The United Nations Security Council and the Authorisation of Force
This book examines the United Nations Security Council's authorisation of the use of force, considering the extensive body of UN Security Council resolutions across its now eighty years of existence. As one of the established exceptions to the Article 2(4) UN Charter prohibition on the use of force, UN Security Council authorisation of force remains a key focus for both States and scholars alike. Despite the apparent consequences of authorisation, authorising resolutions lack prescribed formats or mandatory content. The UN Security Council has over time, however, developed a consistent practice of prior explicit authorisation. The development of this practice is reflected in a number of essential characteristics within authorising resolutions of the UN Security Council. These include explicit determinations of a threat to international peace and security, the invocation of Chapter VII (or VIII) of the UN Charter, the use of specific authorising language, the inclusion of time or functional limits on authorisation, and the imposition of reporting obligations on those authorised to use force. The book ultimately argues that prior explicit authorisation constitutes a well-established practice, rejecting the legality and admissibility of implicit and retroactive authorisation.
Outgunned No More
Outgunned No More comprehensively addresses the changed legal landscape under which governments and private citizens can sue the gun industry for contributing to and sustaining the gun violence epidemic in the US and Mexico. The book canvasses federal and state efforts to regulate firearms through gun control measures, arguing that these regulatory measures have proven ineffective to stem gun violence. Instead, recourse to robust consumer protection and mass tort litigation provides the best avenue for holding the firearms industry accountable. Chapters highlight three important interventions: the 1998 Tobacco Master Settlement Agreement, the Connecticut Sandy Hook Elementary School litigation, and the recent enactment of consumer protection and public nuisance firearms statutes in nine states. These innovative statutes have created an avenue for litigation that overcomes the firearm industry's historical immunity. Outgunned No More concludes that a firearms mass tort litigation, modeled after the resolution of claims in the tobacco industry, is the best path forward.
People V. the Court
The Constitution divides power between the government and We the People. It grants We the People an affirmative, collective right to exercise control over the government through our elected representatives. The Supreme Court has abused its power of judicial review and subverted popular control of the government. The Court's doctrine divides constitutional law into rights issues and structural issues. Structural constitutional doctrine ignores the Constitution's division of power between the government and We the People. The Court's rights doctrines fail to recognize that the Constitution grants the People an affirmative, collective right to exercise control over our government. People v. The Court presents an indictment of the Supreme Court's constitutional doctrine. It also provides a set of proposals for revolutionary changes in the practice of judicial review that are designed to enable We the People to reclaim our rightful place as sovereigns in a democratic, constitutional order.
Professional Tennis and Transnational Law
This book examines the intersection of professional tennis and legal regulation, unveiling a fascinating world where tennis meets domestic, international and transnational law, and showing the many ways these legal frameworks impact tennis. Filled with firsthand accounts of the legal landscape and its implication on tennis, the work provides an accessible, engaging portrait of the tennis ecosystem that is equally suited for academics, athletes, sports lawyers and journalists. It is an essential read for those working within sports law generally, and the tennis industry specifically. This title is also available as Open Access on Cambridge Core.
Intellectual Property and the Human Rights of Companies in Europe
The aim of this book is to investigate the history and rationale for the paradoxical extension of human rights to companies in the European Convention on Human Rights (ECHR) and to analyse the Court's jurisprudence on protection of companies' intellectual property in this light. The study shows how, before the adoption of the ECHR, the concepts of legal personality and possessions functioned as legal fictions in European civil and common law to facilitate ownership and sale of tangible and intangible property, shares, debts, securities and intellectual property. The Court's construction of the ambiguous text of Article 1 of the First Protocol and its application to corporate intellectual property rights is reviewed in this light and shown to have been initially anchored in the legal fictions of national laws and later expanded and reinforced by European Union law.
Multispecies Legality
Animals are unfortunately an afterthought in legal systems that have been developed to adjudicate the claims of humans and corporate entities. For those of us determined to extend the scope of justice to include animals, we must ask how to reshape our legal institutions to ensure that animal interests are considered alongside those of other, existing legal subjects. In this groundbreaking work, Serrin Rutledge-Prior departs from those who have proposed to extend legal personhood to animals, which in practice has proven to be exclusionary and inconsistently applied by the courts. Instead, Rutledge-Prior offers a new principle to ground legal inclusion based on a principle of multispecies legality that extends legal subjecthood to anyone - human or nonhuman - who possess interests.
People V. the Court
The Constitution divides power between the government and We the People. It grants We the People an affirmative, collective right to exercise control over the government through our elected representatives. The Supreme Court has abused its power of judicial review and subverted popular control of the government. The Court's doctrine divides constitutional law into rights issues and structural issues. Structural constitutional doctrine ignores the Constitution's division of power between the government and We the People. The Court's rights doctrines fail to recognize that the Constitution grants the People an affirmative, collective right to exercise control over our government. People v. The Court presents an indictment of the Supreme Court's constitutional doctrine. It also provides a set of proposals for revolutionary changes in the practice of judicial review that are designed to enable We the People to reclaim our rightful place as sovereigns in a democratic, constitutional order.
Professional Tennis and Transnational Law
This book examines the intersection of professional tennis and legal regulation, unveiling a fascinating world where tennis meets domestic, international and transnational law, and showing the many ways these legal frameworks impact tennis. Filled with firsthand accounts of the legal landscape and its implication on tennis, the work provides an accessible, engaging portrait of the tennis ecosystem that is equally suited for academics, athletes, sports lawyers and journalists. It is an essential read for those working within sports law generally, and the tennis industry specifically. This title is also available as Open Access on Cambridge Core.
Outgunned No More
Outgunned No More comprehensively addresses the changed legal landscape under which governments and private citizens can sue the gun industry for contributing to and sustaining the gun violence epidemic in the US and Mexico. The book canvasses federal and state efforts to regulate firearms through gun control measures, arguing that these regulatory measures have proven ineffective to stem gun violence. Instead, recourse to robust consumer protection and mass tort litigation provides the best avenue for holding the firearms industry accountable. Chapters highlight three important interventions: the 1998 Tobacco Master Settlement Agreement, the Connecticut Sandy Hook Elementary School litigation, and the recent enactment of consumer protection and public nuisance firearms statutes in nine states. These innovative statutes have created an avenue for litigation that overcomes the firearm industry's historical immunity. Outgunned No More concludes that a firearms mass tort litigation, modeled after the resolution of claims in the tobacco industry, is the best path forward.
Legal Considerations Applying to Consumer Decision Making and Purchase Behavior-Part 2
Legal Considerations Applying to Consumer Decision Making and Purchase Behavior-Part 2 by Jacob Jacoby delves deeper into the legal frameworks that impact consumer choices in the marketplace. Building on the first book, this one explores advanced legal topics such as antitrust laws, privacy regulations, and the ethical considerations that arise in marketing and consumer behavior. Jacoby examines how these legal elements influence consumers' perceptions of fairness, trust, and transparency in the purchasing process. He also analyzes how marketers must adapt their strategies to comply with evolving legal standards and consumer protection laws. With a focus on case studies and real-world examples, Jacoby highlights the practical implications of legal considerations in consumer decision-making, offering invaluable insights for both marketers and legal professionals. This book is a crucial resource for understanding the complexities of law and consumer behavior, equipping readers with the knowledge to navigate the legal landscape of modern marketing.
Bounce Back from Bankruptcy 5th Edition
For 25 years, Bounce Back From Bankruptcy has remained the most popular book for rebuilding your finances and building a positive net worth-whether you struggled with your decision to declare bankruptcy, have sworn off credit, or are back in debt again. Embrace this opportunity to build a foundation of financial security and use credit in ways that serve you and not your creditors. From this day forward, you can navigate the financial course of your life to create financial freedom and avoid the spiraling trap of debt. In this fully revised and updated 5th Edition, you will discover the immediate steps to: raise your credit score instantly and create a specific, workable plan to pay off any remaining debtset and meet your financial (and life) goals faster with credit-savvy moves, and avoid incurring debt or being strapped for cashget credit after bankruptcy the right way - including strategies for selecting the best credit card, car loan or home mortgage - while also avoiding identity theftresolve current financial hardships with legal, ethical and proven debt-busting strategiesput your money to work for you, allowing you to thrive with or without credit, building a stable foundation and creating financial breathing room.The fast track, focused on getting new credit as quickly as possible after bankruptcy, isn't sustainable. As I often say, "you can't eat your credit score". Instead, follow the path outlined in this book to permanently break the patterns that led to your bankruptcy. These strategies have worked for me and countless others who have declared bankruptcy and are determined to create financial security and solvency. Let them work for you.
Irregular Migration, Refugee Status and the Law
Through an investigation of the protection needs of 'irregularised migrants', this book offers a novel approach to the phenomenon of irregular migration by reframing it as a matter of refugee law.
Freedom of Religion, Minority Rights and the Law
This book provides an in-depth, scholarly reflection on the challenges that arise in guaranteeing religious freedom and protection of the rights of religious minorities in law and practice.
Soviet Civil Procedure
This is a print on demand publication of an issue of a journal from a prestigious organization..
Foundations of English Bankruptcy
This is a print on demand edition of a hard to find publication.
The UK Tax System
This book provides a guide to the structure of the UK tax system, the interaction between UK and EU law, and its application to various classes of taxpayer, as well as explaining the roles of the government departments who administer it and the full range of taxpayers rights and obligations. The book is for anyone studying the UK tax system, or advising on UK tax, from the experienced practitioner to the newly-qualified professional coming to tax advice for the first time, as well as being an ideal starting point for any students of the legal system or government. The fifth edition has been revised to reflect the law as of January 2025.
Courts and the Body Politic
Over the last half century, courts have come to play increasingly important roles in democracies. That role is studied by historians, political scientists, constitutional lawyers and political theorists, but it is also important to all who are concerned about the practice and future of democracy. This book explores why it is that courts are playing this expanded role, as well as exploring two of the most distinctive features of the role of courts: their relationship with the executive arm of government and the role of courts in protecting fundamental rights. The book argues that the role played by courts in modern democracies varies across time and place and depends on a range of factors including constitutional text, constitutional history, and legal and political culture. This book draws on Justice O'Regan's experience as one of the first judges on South Africa's Constitutional Court, which was established shortly after the transition to democracy in 1994.
