How to Reconcile Health Law and Economic Law with Human Rights? Administration of Justice in Tobacco Control Disputes

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Publisher :
ISBN 13 :
Total Pages : 39 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis How to Reconcile Health Law and Economic Law with Human Rights? Administration of Justice in Tobacco Control Disputes by : Ernst-Ulrich Petersmann

Download or read book How to Reconcile Health Law and Economic Law with Human Rights? Administration of Justice in Tobacco Control Disputes written by Ernst-Ulrich Petersmann and published by . This book was released on 2015 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tobacco companies and tobacco exporting members of the World Trade Organization (WTO) have initiated an increasing number of disputes in national, regional and worldwide jurisdictions and investor-state arbitrations challenging the legal consistency of tobacco control measures - such as Australia's 'Tobacco Plain Packaging' legislation and regulations - with international trade, investment and intellectual property law. The defendant countries and non-governmental organizations tend to justify tobacco-control measures by invoking public health provisions in international economic law (IEL), domestic constitutional laws, public health legislation, human rights law and the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) ratified by 177 UN member states. This article begins by asking how the fragmented systems of multilevel health, economic and human rights law and governance should be interpreted and coordinated in order to promote their mutual legal coherence. It then explores how multilevel courts should 'administer justice' in tobacco control disputes with due regard to their diverse national and international jurisdictions, applicable laws and methods of legal interpretation. The article concludes that multilevel judicial administration of justice in tobacco control disputes requires judicial cooperation in applying 'constitutional methodologies' (e.g. regarding 'balancing' of competing rights, proportionality of restrictions, reasonable judicial justifications promoting 'public reason'), mutually 'consistent interpretations' (e.g. based on the 'integration principle' limiting legal 'fragmentation') and 'judicial comity' (e.g. regarding rule of law, respecting 'margins of appreciation', protecting 'access to justice') so as to avoid incoherent judgments. The main lesson from the more than 2500 years of legal and political experiences - e.g. since the ancient Constitution of Athens (500 BC) - with collective protection of 'public goods' (res publica) demanded by citizens remains the need for limiting abuses of power through multilevel 'republican constitutionalism' providing for legal, judicial and democratic accountability mechanisms.

International Economic Law and Governance

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Publisher : Oxford University Press
ISBN 13 : 0198778252
Total Pages : 625 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Economic Law and Governance by : Julien Chaisse

Download or read book International Economic Law and Governance written by Julien Chaisse and published by Oxford University Press. This book was released on 2016 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrating the work of Mitsuo Matsuhita, this volume focuses on dispute resolution and the law and politics of the World Trade Organization, offering a critical and scholarly analysis of the current and future state of international economic governance.

Human Rights and Tobacco Control

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788974824
Total Pages : 320 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Human Rights and Tobacco Control by : Marie E. Gispen

Download or read book Human Rights and Tobacco Control written by Marie E. Gispen and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Large-scale adverse health and developmental outcomes related to tobacco affect millions of people across the world, raising serious questions from a human rights perspective. In response to this crisis, this timely book provides a comprehensive analysis of the promotion and enforcement of human rights protection in tobacco control law and policy at international, regional, and domestic levels.

EU Human Rights, International Investment Law and Participation

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Publisher : Springer
ISBN 13 : 3030206076
Total Pages : 329 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis EU Human Rights, International Investment Law and Participation by : Vivian Kube

Download or read book EU Human Rights, International Investment Law and Participation written by Vivian Kube and published by Springer. This book was released on 2019-08-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.

The Global Tobacco Epidemic and the Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1783471522
Total Pages : 359 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The Global Tobacco Epidemic and the Law by : Andrew D. Mitchell

Download or read book The Global Tobacco Epidemic and the Law written by Andrew D. Mitchell and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tobacco use represents a critical global health challenge. The World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. Written by health and

International Investment Law at the Juncture

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Publisher : Springer Nature
ISBN 13 : 9819721830
Total Pages : 255 pages
Book Rating : 4.8/5 (197 download)

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Book Synopsis International Investment Law at the Juncture by : Shen Wei

Download or read book International Investment Law at the Juncture written by Shen Wei and published by Springer Nature. This book was released on with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Object and Purpose of Intellectual Property

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Publisher : Edward Elgar Publishing
ISBN 13 : 1789902495
Total Pages : 416 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis The Object and Purpose of Intellectual Property by : Susy Frankel

Download or read book The Object and Purpose of Intellectual Property written by Susy Frankel and published by Edward Elgar Publishing. This book was released on 2019 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.

Multilevel Constitutionalism for Multilevel Governance of Public Goods

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509909060
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Multilevel Constitutionalism for Multilevel Governance of Public Goods by : Ernst Ulrich Petersmann

Download or read book Multilevel Constitutionalism for Multilevel Governance of Public Goods written by Ernst Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first legal monograph analysing multilevel governance of global 'aggregate public goods' (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a 'new philosophy of international law' in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches' are justified by the universal recognition of human rights and by the need to protect 'human rights', 'rule of law', 'democracy' and other 'principles of justice' that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of 'disconnected' governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as 'constituent powers', 'democratic principals' and main 'republican actors', who must hold multilevel governance institutions and their limited 'constituted powers' legally, democratically and judicially more accountable.

Public Health Law and Ethics

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Publisher : Univ of California Press
ISBN 13 : 0520946057
Total Pages : 596 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Public Health Law and Ethics by : Lawrence O. Gostin

Download or read book Public Health Law and Ethics written by Lawrence O. Gostin and published by Univ of California Press. This book was released on 2010-06-02 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now revised and expanded to cover today’s most pressing health threats, Public Health Law and Ethics probes the legal and ethical issues at the heart of public health through an incisive selection of government reports, scholarly articles, and relevant court cases. Companion to the internationally acclaimed text Public Health Law: Power, Duty, Restraint, this reader can also be used as a stand-alone resource for students, practitioners, scholars,and teachers. It encompasses global issues that have changed the shape of public health in recent years including anthrax, SARS, pandemic flu, biosecurity, emergency preparedness, and the transition from infectious to chronic diseases caused by lifestyle changes in eating and physical activity. In addition to covering these new arenas, it includes discussion of classic legal and ethical tensions inherent to public health practice, such as how best to balance the police power of the state with individual autonomy.

Communities in Action

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Publisher : National Academies Press
ISBN 13 : 0309452961
Total Pages : 583 pages
Book Rating : 4.3/5 (94 download)

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Book Synopsis Communities in Action by : National Academies of Sciences, Engineering, and Medicine

Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.

Code of Ethics for Nurses with Interpretive Statements

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Publisher : Nursesbooks.org
ISBN 13 : 1558101764
Total Pages : 42 pages
Book Rating : 4.5/5 (581 download)

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Book Synopsis Code of Ethics for Nurses with Interpretive Statements by : American Nurses Association

Download or read book Code of Ethics for Nurses with Interpretive Statements written by American Nurses Association and published by Nursesbooks.org. This book was released on 2001 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pamphlet is a succinct statement of the ethical obligations and duties of individuals who enter the nursing profession, the profession's nonnegotiable ethical standard, and an expression of nursing's own understanding of its commitment to society. Provides a framework for nurses to use in ethical analysis and decision-making.

Human Rights in International Investment Law and Arbitration

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Publisher : Oxford University Press
ISBN 13 : 0199578184
Total Pages : 646 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Human Rights in International Investment Law and Arbitration by : Pierre-Marie Dupuy

Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.

Public Health Law

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Publisher : Univ of California Press
ISBN 13 : 0520934385
Total Pages : 800 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Public Health Law by : Lawrence O. Gostin

Download or read book Public Health Law written by Lawrence O. Gostin and published by Univ of California Press. This book was released on 2008-10-02 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Health Law, first published in 2000, has been widely acclaimed as the definitive statement on public health law at the start of the twenty-first century. Lawrence O. Gostin's definition was based on the notion that government bears a responsibility for advancing the health and well-being of the general population, and the book developed a rich understanding of the government's powers and duties while showing law to be an effective tool in the realization of a healthier and safer population. In this second edition, Gostin analyzes the major health threats of our times, from emerging infectious diseases and bioterrorism to chronic diseases caused by obesity.

Public Health in International Investment Law and Arbitration

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Publisher : Routledge
ISBN 13 : 1136259295
Total Pages : 250 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Public Health in International Investment Law and Arbitration by : Valentina Vadi

Download or read book Public Health in International Investment Law and Arbitration written by Valentina Vadi and published by Routledge. This book was released on 2013-03-05 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the ‘clash of cultures’ between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights.

Public Health and Plain Packaging of Cigarettes

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781952175
Total Pages : 287 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Public Health and Plain Packaging of Cigarettes by : Tania Voon

Download or read book Public Health and Plain Packaging of Cigarettes written by Tania Voon and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Voon, Mitchell, and Liberman offer a penetrating analysis of the monumental struggle against smoking in the 21st century – the leading preventable cause of death in the world. Their book is undoubtedly the seminal scholarly examination of plain packaging of tobacco products. "Big Tobacco" is challenging plain packaging rules in trade, investment, and constitutional forums around the world. It is simply impossible to understand the law, policy, and profound social implications of tobacco control without this masterful text.' – Lawrence O. Gostin, Georgetown University and World Health Organization Centre on Public Health Law and Human Rights, US 'This book is a "must read" for anyone interested in tobacco regulation at the international level. Written by an impressive array of experts in a variety of fields, it deals with international rules on trade, investment, intellectual property, and public health, as well as constitutional issues in Australia – at the vanguard of plain packaging of tobacco – and other jurisdictions. It is an informative and timely guide to current debates on these important issues.' – Lorand Bartels, University of Cambridge, UK 'This book provides a definitive account of Australia's pioneering public health legislation on the plain packaging of tobacco products. the regime was designed to implement the World Health Organization Framework Convention on Tobacco Control and address the impacts of "the tobacco epidemic". A number of nation states plan on emulating Australia's exemplary regime. In a panic, the tobacco industry has sought to challenge the plain packaging of tobacco products under both Australian constitutional and administrative law, and international trade, investment, and intellectual property laws. This book provides a lucid, thoughtful, and intelligent analysis of the "mega-litigation" over the plain packaging of tobacco products, and highlights the necessity for public health measures in this area. It is a timely and prescient work.' – Matthew Rimmer, the Australian National University College of Law and ACIPA, Australia Tobacco use represents a critical global health challenge. the World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. This detailed book, written by health and legal experts from institutions around the globe, examines legal issues arising from Australia's world-first introduction of mandatory plain packaging of tobacco products. the book offers an in-depth exploration of relevant domestic and international legal questions in fields such as intellectual property, constitutional law, health, trade and investment. the authors' analysis sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, and to regulate in the interests of public health more generally. the answers to these questions are of vital interest not only to Australia but also to the international community, with states' regulatory sovereignty increasingly being challenged in local and international courts and tribunals. This timely study is designed to assist international organisations, NGOs, policymakers, and scholars in law, medicine and health-related areas. Health professionals and advisors will also find much of interest here.

Society's Choices

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Publisher : National Academies Press
ISBN 13 : 0309051320
Total Pages : 560 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Society's Choices by : Institute of Medicine

Download or read book Society's Choices written by Institute of Medicine and published by National Academies Press. This book was released on 1995-03-27 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Breakthroughs in biomedicine often lead to new life-giving treatments but may also raise troubling, even life-and-death, quandaries. Society's Choices discusses ways for people to handle today's bioethics issues in the context of America's unique history and cultureâ€"and from the perspectives of various interest groups. The book explores how Americans have grappled with specific aspects of bioethics through commission deliberations, programs by organizations, and other mechanisms and identifies criteria for evaluating the outcomes of these efforts. The committee offers recommendations on the role of government and professional societies, the function of commissions and institutional review boards, and bioethics in health professional education and research. The volume includes a series of 12 superb background papers on public moral discourse, mechanisms for handling social and ethical dilemmas, and other specific areas of controversy by well-known experts Ronald Bayer, Martin Benjamin, Dan W. Brock, Baruch A. Brody, H. Alta Charo, Lawrence Gostin, Bradford H. Gray, Kathi E. Hanna, Elizabeth Heitman, Thomas Nagel, Steven Shapin, and Charles M. Swezey.

The Challenge of Crime in a Free Society

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Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Challenge of Crime in a Free Society by : United States. President's Commission on Law Enforcement and Administration of Justice

Download or read book The Challenge of Crime in a Free Society written by United States. President's Commission on Law Enforcement and Administration of Justice and published by . This book was released on 1967 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report of the President's Commission on Law Enforcement and Administration of Justice -- established by President Lyndon Johnson on July 23, 1965 -- addresses the causes of crime and delinquency and recommends how to prevent crime and delinquency and improve law enforcement and the administration of criminal justice. In developing its findings and recommendations, the Commission held three national conferences, conducted five national surveys, held hundreds of meetings, and interviewed tens of thousands of individuals. Separate chapters of this report discuss crime in America, juvenile delinquency, the police, the courts, corrections, organized crime, narcotics and drug abuse, drunkenness offenses, gun control, science and technology, and research as an instrument for reform. Significant data were generated by the Commission's National Survey of Criminal Victims, the first of its kind conducted on such a scope. The survey found that not only do Americans experience far more crime than they report to the police, but they talk about crime and the reports of crime engender such fear among citizens that the basic quality of life of many Americans has eroded. The core conclusion of the Commission, however, is that a significant reduction in crime can be achieved if the Commission's recommendations (some 200) are implemented. The recommendations call for a cooperative attack on crime by the Federal Government, the States, the counties, the cities, civic organizations, religious institutions, business groups, and individual citizens. They propose basic changes in the operations of police, schools, prosecutors, employment agencies, defenders, social workers, prisons, housing authorities, and probation and parole officers.