Описание: Addresses the contours and characteristics of property rights mobilizations; the degree to which property rights movements have influenced development of law in demonstrable ways; and, the broader cultural, social and economic implications of modern-era property rights litigation and legal mobilizations.
Описание: This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.
Автор: H.P. Visser `t Hooft Название: Justice to Future Generations and the Environment ISBN: 9048152402 ISBN-13(EAN): 9789048152407 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The analysis of justice between generations proposed in this book is based first of all on a critical reading of Rawls` theory of justice, but it also pays attention to the existential and cultural context of our intuitions about intergenerational equity.
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