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Oxford University Press
Oxford University Press
Export Control and Embargo Handbook
Hirshhorn Eric
,
2006
- Complete and up-to-date guide to today's complex export and embargo regulation New to this edition — Contains hundreds of updates in regulations since first edition
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Family Law and Personal Life
Eekelaar John
,
2006
- Offers a fresh examination of the fundamental questions at the heart of family law — how should the state govern people's intimate relationships? Should it encourage a model of 'proper' family life in the interests of stability, or allow people to make their own decisions? — Analyses the impact of human rights on the ideas of family law, showing how the traditional power structures that shaped family life have been shaken by the values of the rights of the child, and the rights of minorities to determine their future. — Presents a thorough theoretical groundwork for the understanding of family law in the twenty-first century, based on respect for personal intimacy How should our most intimate personal relationships be governed in a liberal society? Should the state encourage a particular model of family life, or support individuals in their pursuit of personal happiness? To what extent do people have the right to shape the lives of their offspring? This book examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members. The book explores how the governance of personal relationships has depended on the exercise of power, from the traditional assumptions of patriarchy, where the male head of the family enjoyed full control over his dependents and descendents, to the ideology of welfarism, where state institutions protect the interests of the vulnerable at the expense of their close relations. Emerging from these conflicting ideologies comes today's rights-based culture, where traditional expectations for behaviour within a family sit within a new emphasis on the ability of minorities and traditional dependents to determine the shape of their own lives. Against this background of shifting power relations, the book explores the interrelationship between the legal regulation of people's personal lives and the values of friendship, truth, respect and responsibility. In doing this, a variety of controversial issues are examined in the light of those values: including the legal regulation of gay and unmarried heterosexual relationships; freedom of procreation; state supervision over the exercise of parenthood; the role of fault in divorce law; the way parenthood is allocated; the rights and responsibilities of parents to control their children; the place of religion in the family; the rights of separated partners regarding property and of separated parents regarding their children. Throughout, the book offers a new picture of the intimacy at the centre of personal relationships and argues that only by understanding this intimacy, and its role in human happiness, can we arrive at a true framework for respecting, and governing, the personal lives of other people.
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Faull and Nikpay: The EC Law of Competition
Faull Jonathan
,
2007
- The new edition of a leading practitioner work on EC competition/antitrust law — A unique insider's view of the subject, it is written entirely by current and former members of DG Competition — A practical reference tool that puts particular emphasis upon how law and policy apply in practice — Forward-looking analysis provides guidance on areas that are still undecided or evolving — Even more dependable and rigorous than the previous edition: the coverage is expanded and enhanced — New chapters on modernization, cartels, state aids, and vehicle distribution agreements, and expanded analysis of mergers — Full analysis of the key substantive, procedural and interpretative changes being introduced during 2004, as well as the latest case-law New to this edition — New chapters on modernization, cartels, state aids, and vehicle distribution agreements, and a more detailed analysis of mergers — Full analysis of the key substantive, procedural and interpretative changes being introduced during 2004, as well as the latest case-law The new edition of this leading work builds upon the success of the first edition by adding new chapters on modernization, cartels, state aids, and motor vehicle distribution agreements, as well as expanding the analysis of mergers. The existing strengths are also reinforced, and the book will be fully up to date with all of the key substantive, procedural and interpretative changes introduced up to autumn 2006, as well as the latest case law. The author team is entirely drawn from current or former members of the EC Commission's Directorate General for Competition, ensuring a uniquely in-depth working knowledge of the legislative regime and its application in practice.
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Media Freedom Under the Human Rights Act
Fenwick Helen
,
2006
- Offers comprehensive coverage of major media law topics, including privacy, contempt, copyright, official secrecy and freedom of information, content regulation of broadcasters, and political defamation — Takes a comparative approach to consider the impact of the Human Rights Act on these areas, written by leading experts on the Act — Includes detailed discussion of recent key cases and legislative developments to early 2006 Media Freedom under the Human Rights Act provides the most comprehensive analysis to date of the impact of Article 10 ECHR, as received through the Human Rights Act 1998, on the substantive law governing freedom of expression in the media. Fully up to date, the book provides extensive coverage of crucial recent developments in this field; these include: the key cases of Ashworth and Punch in the area of contempt; the ground-breaking privacy decisions in Von Hannover v Germany and Campbell v MGN ; full consideration of theoretical approaches to explicit speech and blasphemy, including a detailed critique of Strasbourg case-law in the area; detailed discussion of the new offence of incitement to religious hatred; the new scheme for content regulation of broadcasting under the Communications Act 2003 in the light of Prolife Alliance ; a full survey of recent domestic and Strasbourg caselaw in the areas of copyright and political defamation, and analysis of the early impact of the Freedom of Information Act. The authors — both leading academics in the field — have drawn on significant comparative decisions to formulate a coherent and provocative critique of the relationship between media law and freedom of expression, and suggested principles which make a significant contribution to the legal discourse surrounding media freedom in the Human Rights Act era. The result is a book which provides a scholarly and theoretically informed analysis of this very topical subject, of interest to those studying at all levels and practising in this area of law.
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Financial Advice and Financial Products: Law and Liability
McMeel Gerald
,
2007
- Unique professional negligence focus within financial services — Considers all types of claims against financial services providers from those under FMSA to the more traditional contract and tort cases — Regular updates (one in the first year, two thereafter) ensuring readers are kept up-to-date with the latest developments — Includes legislation from FSMA 2000, secondary legislation from RAO and FPO, handbook rules from COB, ICOB, MCOB New to this edition — Now in loose-leaf format — New chapters on conduct of business rules on mortgages (MCOB) and insurance (ICOB) — Changes to financial promotion regime The new edition of Financial Advice and Financial Products now comes as a looseleaf service. This comprehensive guide covers the legal and regulatory environment in which claims arising in the financial services context are brought and defended. Since 2001 legislative activity in the field of financial regulation has grown considerably and the rate of development in regulation and case law shows no sign of slowing. This exciting new looseleaf text considers the applicable regime including the regulatory framework and statutory claims under the Financial Services and Markets Act 2000, together with traditional 'professional negligence' claims based on contract and tort against financial advisers, brokers, other intermediaries, and product providers. There are now two new chapters dedicated to the FSA's extension in regulatory powers to include the conduct of mortgage business (MCOB) and general insurance business (ICOB), written by experts from Burges-Salmon Solicitors. In addition, the authors look at the FSA's increasing focus on financial promotion, together with the new Financial Promotion Order 2005 and updated FSA guidance. The text incorporates recent case law (such as Beary v Pall Mall Investments, Seymour v Caroline Ockwell & Co) and the impact of more recent financial scandals, including the continuing fall-out of Equitable Life's collapse, endowment mortgage complaints and 'precipice bonds' or SCARPS. Development in the case law on limitation and causation, and the approach of the Financial Ombudsman Service (FOS) to cases within its jurisdiction are also considered. Accompanied by two regular updates per year, this looseleaf volume is an invaluable source of reference to all those in the field of financial services.
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Financial Assistance for the Acquisition of Shares
Roberts Catherine
,
2005
- The first book to focus solely on this subject — A detailed and concise guide to a very complex area of company law — Gives clarity to existing legislation — Minimises risk of advising on this difficult area where clients might suffer criminal sanctions — Includes a section of case summaries of key cases vital to interpretation of the legislation — Problem areas are tackled and solved — Written by leading experts in the field This is a practical guide to the subject of financial assistance for the acquisition of shares, in which the authors give a detailed analysis of the current legislation and a critical review of the relevant case law. Financial assistance is a complex, technical and highly regulated aspect of company law, and mistakes have serious civil consequences and criminal sanctions. This book assists practitioners with the interpretation of this difficult area of law and allows them to advise with confidence. Financial assistance is one of the most challenging areas of company law. It is renowned for causing practical difficulties and for the risk involved of giving advice on this area. This book seeks to interpret the position of financial assistance by close reference to the statutory material and abundant case law. Part I deals with the derivation of the legislation and sets out the legislation verbatim with a commentary thereon. Part II contains further analysis of the component parts of the prohibition on the giving of financial assistance. Part III offers factual and critical analysis of some of the most significant cases on this area of the law. The relevant cases will also be cited in Part I and II.
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Financial Markets in Hong Kong: Law and Practice
Hsu Berry
,
2006
- The only book of its kind to provide a comprehensive treatment of financial markets and regulation in Hong Kong. — Covers key features of the recent Securities and Futures Ordinance in a practical and applied context — Helpful explanations provide the necessary context to understand how Hong Kong's financial markets and regulation differ from those in other major financial centres — Offers in-depth analysis from a team of respected professionals in this area Financial Markets in Hong Kong: Law and Practice is an essential text for anyone working in the financial markets in Hong Kong. The book, written by a team of market professionals and academics associated with the Asian Institute of International Financial Law of the University of Hong Kong, provides a comprehensive review of the regulation of Hong Kong's financial markets As Hong Kong is one of Asia's leading financial centres and the key international financial centre servicing China, the topic is essential to those working in these markets. Owing in part to its complex history, the financial market in Hong Kong is addressed by a wide range of laws and regulations, with a variety of idiosyncracies. The book covers the following topics: the financial regulatory system in Hong Kong; regulation of financial institutions and financial products (including listing and derivatives); regulation of corporate and market conduct (including corporate governance, mergers and acquisitions and market misconduct); and the role of Hong Kong in Chinese and international financial markets. This is the only book to comprehensively explain the current regulatory framework of Hong Kong, from first principles to looking at transactions in context of the developing China nexus. The book covers a wide range of laws and regulations affecting practice in these areas, including in particular: Companies Ordinance; Banking Ordinance; Securities and Futures Ordinance and related subsidiary legislation; Exchange Listing Rules; Takeovers Code, Insurance Ordinance; as well as various other Ordinances and applicable common law and market practices.
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Financial Services — Authorisation, Supervision and Enforcement: A Litigator's Guide
Russen Jonathan
,
2006
- Draws upon the author's own experience in litigation to provide real practical advice — Thematic approach provides a readable and easy to navigate book. — Explains the relevant processes and highlights emerging principles from current case law. — Contains extensive cross-referencing to secondary legislation and summaries of the rules contained within the FSA Handbook and relevant statutory instruments — Includes up-to-date case law (such as a discussion of the Legal & General litigation) as well as recent changes in the FSA's procedures Appendix containing the principal statutory provisions discussed in the bookprovides the reader with a self-contained manual on the topics addressed within it Financial Services: Authorisation, Supervision and Enforcement provides litigators and compliance advisers with an understanding of the powers available to the Financial Services Authority in the context of the regulatory regime established under the Financial Services and Markets Act 2000. It also clearly sets out the processes for authorisation and examines the meaning of 'regulated activity'. The text comprehensively explains the investigatory powers, sanctions and remedies available to the FSA, and the procedures applicable to their exercise, giving invaluable assistance to those advising and representing firms in proceedings involving the FSA. All such proceedings are considered, whether they take the form of an FSA investigation, disciplinary proceedings involving the Regulatory Decisions Committee or the Financial Services and Markets Act Tribunal, civil proceedings in the High Court, or a criminal prosecution. Russen not only makes extensive reference to the detailed provisions of the FSA Handbook, but also addresses, where appropriate, particular issues of practice and procedure that are likely to have an impact upon FSA investigations and any civil or criminal proceedings instituted by the FSA. In addition to its detailed treatment of the procedure governing action and litigation by the FSA, the book contains chapters on the authorisation process and on the substantive law (including complex secondary legislation) relating to money laundering, market abuse and financial promotions. Each of these areas is at the heart of the FSA's role as the single regulator of the financial markets in the UK and has been the subject of recent and substantial change both internally and as result of European developments. The powers of the FSA and the procedures relating to enforcement and litigation in this area are examined in the context of the authorisation rules and ways in which authorised entities may commit regulatory offences.
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Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment
Gordley James
,
2006
- Comprehensive treatment of all the basic fields of private law: property, tort, contract and unjust enrichment allowing these fields to be seen as parts of a unified subject — Shows how the history of the common law and civil law are related and how modern law depends on developments in the past — Brings insights from a background in philosophy to the analysis Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
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The General Principles of EU Law
Tridimas Takis
,
2006
- Fully revised and updated, including coverage of the nascent EU Constitution — Systematic analysis of case law in areas not covered by other books e.g. on the principle of non-discrimination, the scope of application of human rights jurisdiction of the ECJ, and the rules governing remedies for protection of Community rights in national courts — Detailed analysis of State and Community liability in damages New to this edition — Analysis of the draft EU Constitution — The EU Charter on Fundamental Rights and the principle on abuse of rights — The principles of primacy, subsidiarity, attribution of competences, and democracy The European Court of Justice has profoundly influenced the development of the legal order of the European Community through the elaboration of unwritten general principles of law. The general principles derive from the fundamental values underlying the national legal systems. This fully revised and updated Second Edition of The General Principles of EC Law provides a detailed and systematic analysis of the general principles as applied by the European Court of Justice and the Court of First Instance, and as they are influenced by political and legislative developments. It assesses the impact of the EU Constitution on the European polity and the protection of Community rights in national courts. Tridimas highlights the various functions of the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that they entail, focussing on principles including subsidiarity, equality, proportionality, fundamental rights, and the right to a hearing.
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The German Act Against Restraints of Competition
Gromotke Carsten
,
2010
A bilingual English-German edition of the new act that radically changes German Anti-Trust Law
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Hating America: A History
Rubin
,
2006
In the early twenty-first century, the world has been seized by one of the most intense periods of anti-Americanism in history. Reviled as an imperialist power, an exporter of destructive capitalism, an arrogant crusader against Islam, and a rapacious over-consumer casually destroying the planet, it seems that the United States of America has rarely been less esteemed in the eyes of the world. In such an environment, one can easily overlook the fact that people from other countries have, in fact, been hating America for centuries. Going back to the day of Thomas Jefferson and Ben Franklin, Americans have long been on the defensive. Barry Rubin and Judith Colp Rubin here draw on sources from a wide range of countries to track the entire trajectory of anti-Americanism. Most significantly, they identify how anti-Americanism evolved over time. In the 18th century, the newfound land was considered too wild and barbaric to support human society. No one, the argument went, could actually live there. Animals brought from Europe, one French commentator claimed, shrunk in size and power. Native Americans too were «small and feeble,» lacking «body hair, beard and ardor for his female.» The very land itself was «permeated with moist and poisonous vapors, unable to give proper nourishment except to snakes and insects.» This opinion prevailed through most of the 19th century, with Keats even invoking the lack of nightingales as symptomatic of just how unlovely and unlivable a place this America was. As the young nation came together at the beginning of the twentieth century and could no longer be easily dismissed as a failure, its very success became cause for suspicion. The American model of populist democracy, the rise of mass culture, the spread of industrialization-all confirmed that America was now a viral threat that could destabilize the established order in Europe. After the paroxysm of World War II, the worst fears of anti-Americanists were realized as the United States became one of the two most powerful nations in the world. Then, with the collapse of the Soviet Union, America became the sole superpower it is today, and the object of global suspicion and scorn. With this powerful work, the Rubins trace the paradox that is America, a country that is both the most reviled and most envied land on earth. In the end, they demonstrate, anti-Americanism has often been a visceral response to the very idea-as well as both the ideals and policies--of America itself, its aggressive innovation, its self-confidence, and the challenge it poses to alternative ideologies.
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History of the Federal Courts
Surrency Erwin
,
2006
Detailed analysis of the metamorphosis of this complex court system New to this edition This new edition features an extensive historical legal bibliography.
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A History of Water Rights at Common Law
Getzler Joshua
,
2006
- Exhaustive and detailed history of the doctrinal evolution of water law — Investigates the links between law and economic development with detailed attention to legal concepts and to the history of industrialization Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.
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How Law Works: Machinery and Impact of Civil Justice
Cranston Ross
,
2006
- Includes interdisciplinary analysis and comparative material — The author brings to bear experience and insight from many years as Solicitor General, and former MP for Dudley North — This book complements one of the author's previous books: Law, Government and Public Policy (Melbourne, OUP, 1987) — The book strikes a middle ground between description and analysis making it accessible to a wide audience — The author's values-based approach to civil procedure makes it relevant for readers in the human rights/post-colonialism fields Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civil justice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary. The second theme of this book concerns the role of procedure, often regarded as of secondary importance compared with substantive law. Taking the definition of procedure at its widest, the book discusses Lord Woolf's Inquiry, and demonstrates how procedural reform can maximize a fundamental value like access to justice. This linkage is furthered in a later analysis of access to justice comparatively, in relation to civil and commercial law. Thirdly, the book looks at understanding how law works, and how it could be made to work better, and concludes that this demands both a knowledge of law and of law's context. This theme offers a framework for the book, which then goes on to deal with the machinery of the law, and discusses what the courts do, civil procedure, and the ethics of lawyer's conduct, all in relation to the broader context of access to justice. This broader context of the law is particularly prominent in the latter half of the book which deals with various dimensions of the impact of the law. Including studies of civil and social rights in practice, the role of European law in the destruction of Aboriginal society in Australia, and commercial law in Asia, these examples raise issues about the gap between the law and reality, the potential law has to destroy social patterns, and the relationship between law and economic development. This is a thought-provoking, critical exploration which has much to offer those interested in the operation of the civil justice system.
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Human Rights Conditionality in EU's International Agreements
Bartels Lorand
,
2005
- Human rights conditionality is politically controversial, giving the book a wide readership potential with NGO's for policy research — Comparative reference made between EU and US law and policy — Since the early 1990s, the European Union has included human rights conditionality clauses in its association agreements and other international trade and cooperation agreements. The purpose of these clauses is to entitle a party to take appropriate measures, including suspension of the agreement, in the event that the other party violates human rights or democratic principles. This book provides an account of the evolution of these clauses, their scope and their operation, and analyses the EU's responsibility, under international law, to implement these clauses domestically. Based on this examination, the book explores the extent to which the EU has the legislative competence to include such clauses in its international agreements, and concludes by considering the implications of ultra vires agreements in EU law. This study offers theoretical insights into aspects of international law as well as EU constitutional and external relations law. Its practical conclusions have major implications not only for the application of human rights clauses, but also for the EU's international treaty practice more generally. Dr Lorand Bartels brings his expertise in international law to this engaging discussion of the EU's use of human rights conditionality in its international agreements.
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Human Rights Obligations of Non-State Actors
Clapham Andrew
,
2006
The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
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Human Rights Obligations of Non-State Actors
Clapham Andrew
,
2006
- The most comprehensive attempt so far to apply human rights obligations to non-state entities Puts forward innovative new arguments for the legal accountability of non-state actors — Tackles the latest legal controversies concerning the behaviour of multinationals and their involvement in human rights violations in countries such as Myanmar and Nigeria — Includes the criminalization of terrorism and war crimes committed by rebel groups The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World trade Organisation, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
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Human Rights of Companies: Exploring Structure of ECHR Protection
Emberland Marius
,
2006
- Innovative first major study of the protection of business enterprise under the European Convention on Human Rights — Offers pathbreaking insights into the fundamental principles underpinning European human rights protection — Provides a tangent to the US constitutional debate on corporate human rights protection This book studies the response of the European Court of Human Rights, the international court that supervises governmental compliance with the European Convention on Human Rights (ECHR), to complaints submitted to it by companies and their shareholders. The protection of business vis-à-vis governmental regulation is hardly the main concern of international human rights law, yet it is not disputed that companies, and their owners, in principle enjoy protection under the ECHR. Such complaints are not unproblematic for the Court in Strasbourg, however. This book analyses the Court's reasoning in three groups of cases in which they have presented difficult issues of treaty interpretation. As the case law is streamlined in a minimalist fashion which obscures the Court's rationale, the book construes the structural framework within which the Court operates and explains how the relevant case law is largely coherent when considered against the general structure of ECHR protection. This book is the first major study of the protection of business enterprise under the European Convention on Human Rights and thus an invaluable guide to understanding how the Court in Strasbourg responds to corporate complaints. More importantly, by focusing on a field of European human rights law that is regarded by many as marginal and even objectionable, the book reveals the fundamental structures of European human rights protection, where the protection of economic activity and corporate life is regarded as inseparable from core values of the ECHR such as an effective political democracy and the rule of law.
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Humanitarian Intervention and International Relations
Jennifer M. Welsh
,
2006
- Addresses one of the most controversial debates in International Relations during the past 15 years — International team of contributors, from a range of disciplines such as Law, Philosophy, and IR — Contributions from both academics and practitioners, providing a balance between IR theory and practice Should states use military force for humanitarian purposes? What are the challenges to international society posed by humanitarian intervention in a post-September 11th world? This path-breaking work brings together well-known scholars of law, philosophy, and international relations, together with practitioners who have been actively engaged in intervention during the past decade. Together, this team provides practical and theoretical answers to one of the most burning issues of our day. Case studies include Somalia, Rwanda, the Balkans, and East Timor, as well as the recent US intervention in Afghanistan. The book demonstrates why humanitarian intervention continues to be a controversial issue not only for the United Nations but also for Western states and humanitarian organizations.
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