Автор: Johnstone Ian, Ratner Steven Название: Talking International Law: Legal Argumentation Outside the Courtroom ISBN: 0197588433 ISBN-13(EAN): 9780197588437 Издательство: Oxford Academ Рейтинг: Цена: 14573.00 р. 18216.00-20% Наличие на складе: Есть (1 шт.) Описание: Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range ofissue areas, from security and human rights, to the environment, trade, and intellectual property. Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk." Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims - including persuasion, strategic calculations, assertions of identity, and the feltneed to legitimate one's actions - or to delegitimate those of an adversary.
Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and seniorpractitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.
Описание: Governing Arctic Seas introduces the concept of ecopolitical regions, using in-depth analyses of the Bering Strait and Barents Sea Regions to demonstrate how integrating the natural sciences, social sciences and Indigenous knowledge can reveal patterns, trends and processes as the basis for informed decisionmaking. This book draws on international, interdisciplinary and inclusive (holistic) perspectives to analyze governance mechanisms, built infrastructure and their coupling to achieve sustainability in biophysical regions subject to shared authority. Governing Arctic Seas is the first volume in a series of books on Informed Decisionmaking for Sustainability that apply, train and refine science diplomacy to address transboundary issues at scales ranging from local to global. For nations and peoples as well as those dealing with global concerns, this holistic process operates across a ‘continuum of urgencies’ from security time scales (mitigating risks of political, economic and cultural instabilities that are immediate) to sustainability time scales (balancing economic prosperity, environmental protection and societal well-being across generations). Informed decisionmaking is the apex goal, starting with questions that generate data as stages of research, integrating decisionmaking institutions to employ evidence to reveal options (without advocacy) that contribute to informed decisions. The first volumes in the series focus on the Arctic, revealing legal, economic, environmental and societal lessons with accelerating knowledge co-production to achieve progress with sustainability in this globally-relevant region that is undergoing an environmental state change in the sea and on land. Across all volumes, there is triangulation to integrate research, education and leadership as well as science, technology and innovation to elaborate the theory, methods and skills of informed decisionmaking to build common interests for the benefit of all on Earth.
Автор: Durham Название: Islam, Europe and Emerging Legal Issues ISBN: 1138261599 ISBN-13(EAN): 9781138261594 Издательство: Taylor&Francis Рейтинг: Цена: 8114.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.
Описание: As globalization continues to spread and evolve, so nation-states attempt to govern financialization, tax evasion, corruption, terrorism, civil and military conflicts and environmental dangers by institutional and transnational means. This title discusses these issues from different legal perspectives.
Автор: Ian Havercroft, Richard Macrory, Richard Stewart Название: Carbon Capture and Storage: Emerging Legal and Regulatory Issues ISBN: 1509939490 ISBN-13(EAN): 9781509939497 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Carbon Capture and Storage (CCS) is increasingly viewed as one of the most significant ways of dealing with greenhouse gas emissions. Critical to realising its potential will be the design of effective legal regimes at national and international level that can handle the challenges raised but without stifling a new technology of potential great public benefit. These include: long-term liability for storage; regulation of transport; the treatment of stored carbon under emissions trading regimes; issues of property ownership; and, increasingly, the sensitivities of handling the public engagement and perception. Following its publication in 2011, Carbon Capture and Storage quickly became required reading for all those interested in, or engaged by, the need to implement regulatory approaches to CCS. The intervening years have seen significant developments globally. Earlier legislative models are now in force, providing important lessons for future legal design. Despite these developments, the growth of the technology has been slower in some jurisdictions than others. This timely new edition will update and critically assess these updates and provide context for the development of CCS in 2018 and beyond.
Описание: Evolution and Interaction of the Three Legal Systems: Romano-Germanic, Common Law, Socialist.- The Intersection of Chinese Law and the Common Law in the Special Administrative Region of Hong Kong: Question of Technique or Politics?.- Law of Things in the Macau Civil Code: An Extension of the Romano-Germanic System Built Upon the Classical Concept of Ownership.- Legal Transplants and Economic Development: Civil Law Vs. Common Law?.- Modernisation, Westernisation, and Globalisation: Legal Transplant in China.- Comments.- Comments.- Scotland: The Constitutional Protection of a Mixed Legal System.- The South-Tyrol Autonomy in Italy.- The Europeanization of Law.- The Notion of Reparations as a Restorative Justice Measure.- Comments.- Comments.- Evolution of the Judicial Systems - Role of Public Prosecution, Role of the Lawyers, Specialised Courts, Judicial Guarantees of Fundamental Rights.- Lawyers, the Protection of Human Rights and Harmonious Society.- The Judicial Guarantees of Fundamental Rights in the Macau Legal System: A Parcours Under the Focus of Continuity and of Autonomy.- Public Prosecution vis а vis the Protection of the Legal System and the Protection of Fundamental Human Rights.- International Criminal Procedure and the Protection of the Fundamental Rights of the Person.- Comments.- Trend of Evolution of Chinese Mainland Prosecutorial System in the Context of Judicial Reform.- The Role of the Ombudsman in Defending Human Rights.- Domestic and International Judicial Protection of Fundamental Rights: A Latin American Comparative Perspective.- Fundamental Rights and Constitutional Limits and Constraints to the Police Action in the Criminal Procedure: Several Aspects in Some Juslusophony Systems.- Comments.- Comments.- Autonomy - A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution.- Evolution of Autonomy and Federalism.- Autonomy Experiences in Europe - A Comparative Approach: Portugal, Spain and Italy.- French Overseas: New Caledonia and French Polynesia in the Framework of Asymmetrical Federalism and Shared Sovereignty.- The Development of Asymmetric Regionalism and the Principle of Autonomy in the New Constitutional Systems: A Comparative Approach.- Comments.- Decentralization and Structural Policies: The European Experience.- Legal Foundations, Structures and Institutions of Autonomy in Comparative Law.- Comments.- Autonomy Within the P.R. of China - S.A.R.s et alii; Purpose, Origins, Structures and Evolution.- The Relationship Between Central and Local Governments Under the Unitary State System of China.- Autonomous Legislative Power in Regional Ethnic Autonomy of the People's Republic of China: The Law and the Reality.- Macao SAR Inter-Regional Mutual Legal Assistance in Criminal Matters1.- Comments.- Fundamental Rights and Interaction of the Legal Systems.- The Ranking of the International Law in the Framework of "The Basic Law of the Macao SAR of the People's Republic of China" and the Introspection on the Perplexities of Fundamental Rights.- The Validity of the International Agreements of the Human Rights in the Juridical Order of the Special Administrative Region of Macau.- Interpretation of the Basic Law by the Courts of the Macao SAR.- The General Regime of Fundamental Rights in the Basic Law and in the International Instruments.- Comments.- Fundamental Rights and the Basic Laws of the Hong Kong and Macau Special Administrative Regions.- The Fundamental Rights in Macao.- Constitutionalism and Western Legal Traditions in Human Rights in Asian Legal Systems: With a Special Focus on Chinese Legal Systems.- Comments.- Comments.- The Autonomy of the Macau Special Administrative Region.- The Theory, Constitution and Practice of Autonomy: The Case of Hong Kong.- Interaction and Integration Between the Legal Systems of Hong Kong, Macao and Mainland China 50 Years After Their Return to China.- The Special Administrative Regions of the PRC in C
Описание: Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as "a way forward" on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.
Описание: The main questions addressed are: ongoing and future Arctic marine research, marine research in the Arctic Ocean in practice, the legal framework, enlarged continental shelves and the freedom of marine science and particularities and challenges of the Arctic region.
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