Between Interests And Law

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Between Interests and Law

Author : Thomas Hale
Publisher : Cambridge University Press
ISBN 13 : 1316033392
Total Pages : 431 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis Between Interests and Law by : Thomas Hale

Download or read book Between Interests and Law written by Thomas Hale and published by Cambridge University Press. This book was released on 2015-08-07 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: We could not have a global economy without a system to resolve commercial disputes across borders, but the international regime that performs this key role bears little resemblance to other institutions underpinning the global economy. A hybrid of private arbitral institutions, international treaties, and domestic laws and courts, the regime for commercial dispute resolution shows that effective transborder institutions can take a variety of forms. This book offers the first comprehensive social scientific account of this surprisingly effective regime. It maps and explains its evolution since the Industrial Revolution, both at the global level and in the United States, Argentina, and China. The book shows how both political economy approaches and socio-legal theories have shaped institutional outcomes. While economic interests have been the chief determinants, legal processes have played a key role in shaping the form institutions take. The regime for commercial dispute resolution therefore remains between interests and law.

Between Interests and Law

Author : Thomas Nathan Hale
Publisher : Cambridge University Press
ISBN 13 : 1107083621
Total Pages : 431 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Between Interests and Law by : Thomas Nathan Hale

Download or read book Between Interests and Law written by Thomas Nathan Hale and published by Cambridge University Press. This book was released on 2015-08-07 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows how political and legal forces have shaped the evolution of a surprisingly effective regime to resolve transborder commercial disputes.

The Right of States to Regulate in International Investment Law

Author : Yulia Levashova
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403510153
Total Pages : 278 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Right of States to Regulate in International Investment Law by : Yulia Levashova

Download or read book The Right of States to Regulate in International Investment Law written by Yulia Levashova and published by Kluwer Law International B.V.. This book was released on 2019-07-18 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.

Between Compliance and Particularism

Author : Marton Varju
Publisher : Springer
ISBN 13 : 3030057828
Total Pages : 347 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Between Compliance and Particularism by : Marton Varju

Download or read book Between Compliance and Particularism written by Marton Varju and published by Springer. This book was released on 2019-02-08 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

The Future of the Law of the Sea

Author : Gemma Andreone
Publisher : Springer
ISBN 13 : 3319512749
Total Pages : 278 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis The Future of the Law of the Sea by : Gemma Andreone

Download or read book The Future of the Law of the Sea written by Gemma Andreone and published by Springer. This book was released on 2017-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.

Public Interest in Law

Author : Luboš Tichý
Publisher :
ISBN 13 : 9781780689708
Total Pages : 0 pages
Book Rating : 4.6/5 (897 download)

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Book Synopsis Public Interest in Law by : Luboš Tichý

Download or read book Public Interest in Law written by Luboš Tichý and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses in a comprehensive manner the phenomenon of 'public interest' in different areas of law, both public and private. The contributions focus on the definition of public interest and the distinction between public and private interest. Further, they define the relevant 'public' and investigate the weight of public interest in case of conflict with other considerations and the legal consequences of its breach.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Public Interest Law

Author : Burton A. Weisbrod
Publisher : University of California Press
ISBN 13 : 0520305825
Total Pages : 592 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Public Interest Law by : Burton A. Weisbrod

Download or read book Public Interest Law written by Burton A. Weisbrod and published by University of California Press. This book was released on 2021 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is public interest law? How effective is it? What are the limits to litigation as a mechanism for conflict resolution? In this study, economists, lawyers, and sociologists evaluate an institutional form that is new to American society and, indeed, to the world--the public interest law (PIL) organization. The book introduces the reader to the structure, resources, and activities of this "nonprofit industry," and also to the factors that affect PIL firms in their choices of cases and methods of handling them. The authors examine PIL's vast range of contemporary public policy concerns. These incude such general topics as the environment, consumerism, housing, employment discrimination, medical care, occupational health and safety, education finance, and taxation. A number of base studies are presented, and a method for economic analysis and evaluation is introduced and applied. The study points to PIL's success in advocating under-represented interests, in winning courtroom decisions, and in translating legal victories into reallocations of resources. At the same time, it notes the bias of PIL towards test-case litigation, a propensity to focus on judicial victories rather than on real social change, and a tendency to use lawyers even when other types of professionals might be more effective. Many of these problems stem from uncertainty of funding and legal restrictions on "nonprofit" organizations. The result is a set of hurdles that distracts PIL firms from their principal goals. The authors do not limit themselves to PIL, but comment on the effectiveness of legal instruments as devices for social change, and on the behavior of the voluntary nonprofit sector, a little-studied portion of the economy. The book presents a fresh approach to the study of both collective-type economic problems and institutional setting in which public interest law works. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.

Unity and Pluralism in Public International Law

Author : Oriol Casanovas
Publisher : BRILL
ISBN 13 : 9004480781
Total Pages : 288 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Unity and Pluralism in Public International Law by : Oriol Casanovas

Download or read book Unity and Pluralism in Public International Law written by Oriol Casanovas and published by BRILL. This book was released on 2021-10-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.

Education and the UN Sustainable Development Goals

Author : Kim Beasy
Publisher : Springer Nature
ISBN 13 : 9819938023
Total Pages : 756 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis Education and the UN Sustainable Development Goals by : Kim Beasy

Download or read book Education and the UN Sustainable Development Goals written by Kim Beasy and published by Springer Nature. This book was released on 2023-11-02 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the complex relationship between education and the Sustainable Development Goals (SDGs) and highlights how important context is for both critiquing and achieving the Goals though education, given the critical role teachers, schools and curriculum play in young people’s lives. Readers will find examples of thinking and practice across the spectrum of education and training sectors, both formal and informal. The book adds to the increasing body of literature that recognises that education is, and must be, in its praxis, at the heart of all the SDGs. As we enter the third decade of the 21st century, we have a clear understanding of the wicked and complex crises regarding the health of life on our planet, and we cannot ignore the high levels of anxiety our young people are experiencing about their future. Continuing in the direction of unsustainable exploitation of people and nature is no longer an option if life is to have a flourishing future. The book illustrates how SDGs are supported in and by education and training, showcasing the conditions necessary to ensure SDGs are fore fronted in policy reform. It includes real-world examples of SDGs in education and training contexts, as well as novel critiques of the SDGs in regard to their privileging of anthropocentrism and neoliberalism. This book is beneficial to academics, researchers, post graduate and tertiary students from all fields relating to education and training. It is also of interest to policy developers from across disciplines and government agencies who are interested in how the SDGs relate to education.

Intermediated Securities

Author : Louise Gullifer
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318010
Total Pages : 211 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Intermediated Securities by : Louise Gullifer

Download or read book Intermediated Securities written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2010-06-17 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globally, there has been a shift from securities being held directly by an investor, to a situation in which many securities are held via an intermediary. The existence of one or more intermediaries between the investor and the issuer has a potentially significant impact on the rights of the investor, the role and obligations of the issuer, and on the position and responsibilities of the intermediary. However, different jurisdictions have dealt with the issues arising from intermediation in a variety of ways. In the UK, for example, the concept of a trust is used to explain the different rights and obligations which arise in this scenario, whereas in the US the issues have been addressed by legislation, in the form of UCC Article 8. This variety is problematic, given that it is possible for an investor to hold securities in a number of different jurisdictions. A new UNIDROIT Convention on the issue of Intermediated Securities, the Geneva Securities Convention 2009, aims to create a common framework for dealing with these issues. This collection of essays explores the issues that arise when securities are held via an intermediary, and in particular assesses the solutions put forward by the new Convention on this issue. It will be essential reading for practitioners and academics.

Community Interests Across International Law

Author : Eyal Benvenisti
Publisher : Oxford University Press
ISBN 13 : 0192558900
Total Pages : 545 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Community Interests Across International Law by : Eyal Benvenisti

Download or read book Community Interests Across International Law written by Eyal Benvenisti and published by Oxford University Press. This book was released on 2018-05-10 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.

Getting to Yes

Author : Roger Fisher
Publisher : Houghton Mifflin Harcourt
ISBN 13 : 9780395631249
Total Pages : 242 pages
Book Rating : 4.6/5 (312 download)

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Book Synopsis Getting to Yes by : Roger Fisher

Download or read book Getting to Yes written by Roger Fisher and published by Houghton Mifflin Harcourt. This book was released on 1991 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

Land Law Directions

Author : Sandra Clarke
Publisher : Oxford University Press
ISBN 13 : 0192856936
Total Pages : 535 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Land Law Directions by : Sandra Clarke

Download or read book Land Law Directions written by Sandra Clarke and published by Oxford University Press. This book was released on 2022-05-31 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does land law's specialized and historic vocabulary make it hard for your students to engage? Designed to support a progressive learning experience, Land Law Directions provides a lively introduction to the subject and makes this often daunting area clear and engaging. The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: - Gain a complete understanding of the topic: just the right amount of detail conveyed clearly - Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear - Identify when and how to evaluate the law critically: they'll be introduced to the key areas of debate and given the confidence to question the law - Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence - Elevate their learning: with the ground-work in place they can aspire to take learning to the next level, with direction provided on how to go further Digital formats and resources This eighth edition is available for students and institutions to purchase in a variety of formats and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks The online resources are available at www.oup.com/he/landlaw directions8e/ and include: - New scenario questions aimed at helping to apply the law in practice - New animated diagrams providing visual explanation of complex topics - Guidance on answering the end-of-chapter questions - Quick fire self-test questions with answer feedback - Links to further reading suggestions - Flashcard glossary to revise key terms - Additional material and discussion of advanced topics including adverse possession, and easements and profits

Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law

Author : Jiayong Zhang
Publisher : Springer Nature
ISBN 13 : 9811991073
Total Pages : 564 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law by : Jiayong Zhang

Download or read book Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law written by Jiayong Zhang and published by Springer Nature. This book was released on 2023-02-17 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice for Some

Author : Noura Erakat
Publisher : Stanford University Press
ISBN 13 : 1503608832
Total Pages : 405 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Justice for Some by : Noura Erakat

Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Member State Interests and European Union Law

Author : Marton Varju
Publisher : Routledge
ISBN 13 : 0429664192
Total Pages : 251 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Member State Interests and European Union Law by : Marton Varju

Download or read book Member State Interests and European Union Law written by Marton Varju and published by Routledge. This book was released on 2019-11-20 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU. Member States’ interests provide the source as well as the limitations of the obligations undertaken by the Member States in the Union. From the early days of European integration, they have determined how the law frames and defines EU obligations in the Treaties, in legislation and in the jurisprudence of the EU Court of Justice. The book neither challenges directly, nor undermines the current state of the law in the EU. Instead, it introduces a framework for interpreting and analysing legal developments – both legislative and jurisprudential – from an angle which brings the legal dimension of the membership of States in the European Union closer to its political reality. By choosing Member State interest to frame its analysis of the law, the book expresses a clear intention to explore further the interactions and the potential interconnectedness of the intergovernmentalism of EU decision-making and the normative supranationalism of the application and the enforcement of Member State obligations, in particular at the national level. Analysing how diversity among the Member States, which arises from different local interests, institutional frameworks and socio-economic arrangements, is assessed and sustained in EU legislation and in the jurisprudence of the Court of Justice, the book examines the impact of EU obligations on Member State territorial authority and territoriality. Providing a new perspective on Member State interests and European Law, the book closes the widening gap between the politics and law of European integration and between its political science and legal analysis. The book is essential reading for students and scholars in the field of state law, EU law and politics.