The Principle of Equality in Diverse States: Reconciling Autonomy with Equal Rights and Opportunities, Eva Maria Belser, Lawrence Zund, Sandra Egli, Thea Bachler
Описание: ‘...This book […] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject’ Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country.Many of the pioneering ideas that were advanced in the first edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway.
Автор: Smith Nicholas Mark Название: Basic Equality and Discrimination: Reconciling Theory and Law ISBN: 1409428435 ISBN-13(EAN): 9781409428435 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Focuses on the idea of equality as a moral, political and jurisprudential concept. This book provides an understanding of the nature of the value that the law is trying to uphold - equality. It rejects the notion that the concept of equality is vacuous and defends the idea as the proper range of ultimate moral concern.
Автор: Moka-Mubelo Название: Reconciling Law and Morality in Human Rights Discourse ISBN: 3319494953 ISBN-13(EAN): 9783319494951 Издательство: Springer Рейтинг: Цена: 12577.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Автор: Seunghoon Emilia Heo Название: Reconciling Enemy States in Europe and Asia ISBN: 1349333506 ISBN-13(EAN): 9781349333509 Издательство: Springer Рейтинг: Цена: 10760.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Heo conceptualizes reconciliation in International Relations theory and fills a gap by building a theoretical framework for interstate reconciliation. Combining historical and political scientific approaches, she analyses case studies from Europe, the Middle East, and Northeast Asia.
Описание: The dominance of the United States (US) military means that traditional threats, short of weapons of mass destruction, currently pose little risk to US sovereignty. Nontraditional threats, however, pose asymmetric dilemmas for the United States. The increased US military and economic reliance on information systems introduces new vulnerabilities not adequately protected by traditional kinetic force arms. Additionally, international law does not adequately provide response mechanisms for the United States in case of a computer network at-tack. The United States needs to establish policy directives and diplomatic initiatives to secure its information sovereignty for the future. This study examines the history of technology and sovereignty, which reveals a model for the evolution of international law. Specifically, the history of sea, air, and space provides examples on past issues of sovereignty. A three-stage pat-tern of international law emerges. Under the assumption that sovereignty issues related to information warfare will follow the same path, the current state of sovereignty regarding information is established. To focus the study, a functional outline for international convention, the International Regime for Information Security (IRIS), is advanced. IRIS balances US domestic privacy needs with US national security demands. Specifically, technology issues regarding digital identification and encryption are weighed against civil liberties and intelligence needs. After examining the advantages and disadvantages of the IRIS regime, this study recommends its use as a model for a future international convention on information warfare. Within an IRIS-type regime, compromise between civil liberty advocates and intelligence service organizations are necessary. Through digital identification and universally strong encryption, privacy and security concerns will be satisfied.
Описание: This book explores three crucial areas in sport that remain huge concerns for women: leadership, money, and media. It examines topics such as the #MeToo movement, pay equity, and the experiences of women of color and LGBTQ athletes. Interviews with prominent female athletes are interwoven throughout to add personal perspectives to the conversation.
Автор: Spitzer Robert Название: Guns Across America: Reconciling Gun Rules and Rights ISBN: 0190621060 ISBN-13(EAN): 9780190621063 Издательство: Oxford Academ Рейтинг: Цена: 2295.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A fascinating tour through the history of one of America`s most controversial issues: gun control
Описание: This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law.
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