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Author :
Publisher : Odile Jacob
ISBN 13 : 2738182755
Total Pages : 406 pages
Book Rating : 4.7/5 (381 download)
Download or read book written by and published by Odile Jacob. This book was released on with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Faure
Publisher : Edward Elgar Publishing
ISBN 13 : 1849806020
Total Pages : 305 pages
Book Rating : 4.8/5 (498 download)
Download or read book Climate Change Liability written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate changelitigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs isdiscussed, but also the need for prevention in order to obtain a reduction of greenhouse gases.
Author : Emma Lees
Publisher :
ISBN 13 : 0198790953
Total Pages : 1316 pages
Book Rating : 4.1/5 (987 download)
Download or read book The Oxford Handbook of Comparative Environmental Law written by Emma Lees and published by . This book was released on 2019 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook brings together the foremost authorities from around the world to provide the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries.
Author : Verica Trstenjak
Publisher : Springer
ISBN 13 : 3319253379
Total Pages : 596 pages
Book Rating : 4.3/5 (192 download)
Download or read book The Influence of Human Rights and Basic Rights in Private Law written by Verica Trstenjak and published by Springer. This book was released on 2015-12-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
Author : Miriam Haritz
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142703
Total Pages : 490 pages
Book Rating : 4.0/5 (411 download)
Download or read book An Inconvenient Deliberation written by Miriam Haritz and published by Kluwer Law International B.V.. This book was released on 2011-05-27 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities—implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance—demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle? How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change liability claim? What type of liability is best suited for precautionary measures or a lack thereof? Can the application of the precautionary principle make a difference to the outcomes of climate change liability claims? In order to draw conclusions concerning the legal uncertainties posed by climate change, the author draws examples from national legislations representative of the various legal systems, as well as from existing treaties. General rules and obligations relevant to climate change liability are examined, and a selection of actual legal cases from around the world concerning climate change, be it actual liability claims or litigation indirectly relevant to a claim, is also presented. As an overview of the different legal challenges created by climate change liability, this book is without peer. The practical meaning and impact of these findings for lawyers (whether corporate or activist), for regulators and policymakers, and for decision-makers in governmental bodies and private companies is immeasurable.
Author : Catherine Malecki
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433354
Total Pages : 477 pages
Book Rating : 4.7/5 (864 download)
Download or read book Corporate Social Responsibility written by Catherine Malecki and published by Edward Elgar Publishing. This book was released on 2018 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate social responsibility (CSR) is setting new missions for companies and shining a welcome light on issues such as the behaviour of board members, shared value, the well-being of stakeholders, the protection of vulnerable individuals and the roles played by public opinion and shareholders. This timely book seeks to lay the foundations for a sustainable corporate governance based on the European Commission definition of CSR as ‘the responsibility of enterprises for their impacts on society’. More generally, this sustainable corporate governance responds to some of the pressing challenges of the 21st century, from sustainable finance and climate change to carbon reduction and population growth.
Author : Günther Doeker-Mach
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515083171
Total Pages : 538 pages
Book Rating : 4.0/5 (831 download)
Download or read book Law, Legal Culture and Politics in the Twenty First Century written by Günther Doeker-Mach and published by Franz Steiner Verlag. This book was released on 2004 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .
Author : Douglas Fisher
Publisher : Edward Elgar Publishing
ISBN 13 : 1839108320
Total Pages : 487 pages
Book Rating : 4.8/5 (391 download)
Download or read book Research Handbook on Fundamental Concepts of Environmental Law written by Douglas Fisher and published by Edward Elgar Publishing. This book was released on 2022-11-25 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.
Author : Justo Corti Varela
Publisher : Taylor & Francis
ISBN 13 : 1040019889
Total Pages : 330 pages
Book Rating : 4.0/5 (4 download)
Download or read book Science, Technology, Policy and International Law written by Justo Corti Varela and published by Taylor & Francis. This book was released on 2024-10-02 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents innovative insights into the intersections between science, technology, and society, and particularly their regulation by the law. Departing from the idea that law and science have similar methods and objectives, the book deals with problems, and solutions, that source from these interactions: concerns on how to integrate scientific evidence into trials, how to best regulate new technologies, or whether technological innovations could improve democratic legitimacy, create new regulatory tools or even new spaces of regulation, and what is the impact on the society. The edited collection, by building on a functionalist and comparatist approach, offers answers to how to best integrate law, science, and technology in policy-making and reviews the current attempts made at the transnational and international levels. Case studies, ranging from emerging technologies via environmental protection to statistics, are complemented by a solid theoretical framework, all of which seek to provide readers with tools for critical thinking in the reassessment of the relationship among theory, practice, political goals, and international regulation.
Author : Pim Martens
Publisher : Routledge
ISBN 13 : 1351278746
Total Pages : 441 pages
Book Rating : 4.3/5 (512 download)
Download or read book The Social and Behavioural Aspects of Climate Change written by Pim Martens and published by Routledge. This book was released on 2017-09-08 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, and certainly since the publication of the "Stern Report", there has been increasing recognition that climate change is not only an environmental crisis, but one with important social and economic dimensions. There is now a growing need for multi-disciplinary research and for the science of climate change to be usefully translated for policy-makers.Until very recently, scientific and policy emphasis on climate change has focused almost exclusively on mitigation efforts: mechanisms and regulations to reduce greenhouse gas emissions. The success of such efforts to date is debatable. In fact, the impact of ever more stringent emission control programmes could potentially have enormous social consequences. Little effort has been expended on the exploration of a systematic evaluation of climate stabilization benefits or the costs of adapting to a changed climate, let alone attempting to integrate different approaches. There is an increasing recognition that the key actors in the climate crisis also need to be preparing for change that is unavoidable. This has resulted in a greater consideration of vulnerability and adaptation.The book, based on the research programme "Vulnerability, Adaptation and Mitigation" (VAM) which ran from 2004 to 2010, funded by the Netherlands Organisation for Scientific Research (NWO), presents a cluster of case studies of industries, communities and institutions which each show how vulnerability, adaptation and mitigation analyses can be integrated using social behavioural sciences. Each chapter makes specific recommendations for the studied industry sector, community or institution, analyses the latest research developments of the field and identifies priorities for future research. The book argues that the inherent complexity of climate change will ultimately require a much more integrated response both scientifically – to better understand multiple causes and impacts – as well as at the scientific/policy interface, where new forms of engagement between scientists, policy-makers and wider stakeholder groups can make a valuable contribution to more informed climate policy and practice.The book is particularly timely as the scientific research and policy debate is shifting from one of problem-framing to new agendas that are much more concerned with implementation, the improvement of assessment methodologies from a multi-disciplinary perspective, and the reframing of current scientific understanding towards mitigation, adaptation and vulnerability. A critical element in responding to the climate change challenge will be to ensure the translation of these new scientific insights into innovative policy and practice "on the ground". This book provides some fundamental elements to answer this need.The Social and Behavioural Aspects of Climate Change: Linking Vulnerability, Adaptation and Mitigation will be essential reading for social science researchers and policy managers in the area of climate change, as well as for those who want to know what the social and behavioural sciences can contribute toward coping with climate hazards. NGOs, law firms and businesses in the energy sector or other climate related fields will also find the book of great value.
Author : Andrea Parziale
Publisher : Taylor & Francis
ISBN 13 : 1000634388
Total Pages : 183 pages
Book Rating : 4.0/5 (6 download)
Download or read book The Law of Off-label Uses of Medicines written by Andrea Parziale and published by Taylor & Francis. This book was released on 2022-08-12 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the regulatory framework for untested and unapproved uses (off-label uses) of medicines in the EU, UK, and USA. Before reaching patients, medicines are extensively tested by manufacturers and approved by regulators to minimise the risk of adverse reactions. However, physicians can prescribe pharmaceuticals for off-label uses, widespread in paediatrics, oncology, rare diseases and, more recently, in treatment for Covid-19. While off-label uses may offer hope, they may also expose patients to risks and uncertainties. Clarification is therefore needed to improve the protection of patients' rights while enhancing legal certainty for health actors. To this end, this work clarifies the regulatory mechanisms and litigation trends concerning off-licence prescriptions in these jurisdictions. It assesses how traditional, prevention-driven regulatory and civil liability rules are being adapted to tackle potential risks and scientific uncertainty. The book outlines the applicable regulations, as well as considering Brexit’s impact on off-label policies in the UK, and EU and national off-label policies in the context of the fight against the Covid-19 pandemic. It also explores under what conditions physicians, manufacturers, or regulators must compensate patients injured by untested prescriptions. The book will be an essential resource for researchers, academics and policy-makers working in the areas of medical law and ethics, public health law, pharmaceutical law and private comparative law.
Author : Dirk Heremans
Publisher : Leuven University Press
ISBN 13 : 9789058673855
Total Pages : 308 pages
Book Rating : 4.6/5 (738 download)
Download or read book Current Developments in European Integration written by Dirk Heremans and published by Leuven University Press. This book was released on 2004 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subjects dealt with in the papers include the relationship between the freedoms in the EC treaty and private international law, financial regulation and supervision of banks, the international insurance market and the Euro in the new member states.
Author :
Publisher :
ISBN 13 :
Total Pages : 752 pages
Book Rating : 4.F/5 ( download)
Download or read book Eur. Zeitschrift Des Öffentl. Rechts written by and published by . This book was released on 2003 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mathilde Boutonnet
Publisher : LGDJ
ISBN 13 :
Total Pages : 722 pages
Book Rating : 4.3/5 ( download)
Download or read book Le principe de précaution en droit de la responsabilité civile written by Mathilde Boutonnet and published by LGDJ. This book was released on 2005 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fortement médiatisé, le principe de précaution n'a encore fait l'objet d'aucune étude juridique en droit de la responsabilité civile. Cette étude a alors pour but de rendre compte de l'originalité de ce nouveau principe juridique et des rapports à la fois riches et complexes qu'il entretient avec le droit de la responsabilité civile, dont le but est, au contraire, en premier lieu indemnitaire. Dans une première partie de l'étude, Mme Boutonnet prend acte de l'émergence du principe de précaution en droit de la responsabilité civile comme principe consistant, aujourd'hui, à prévenir les dommages graves dans les domaines de l'environnement, de la santé et de la bioéthique, lorsque ces derniers atteignent certains intérêts collectifs. A ce titre, comme le montre la seconde partie de l'étude, le principe de précaution pourrait entraîner des conséquences en droit de la responsabilité civile. Au minimum, dans une finalité réparatrice, il renouvellerait l'appréciation du fait générateur, du dommage et du lien de causalité. Au maximum, il pourrait devenir un nouveau principe du droit de la responsabilité civile dont il découlerait une action préventive et collective. L'étude envisage alors la nature et le régime de cette nouvelle action en responsabilité civile, tout en démontrant que cette évolution s'effectuerait avec souplesse.
Author : Marie Mercat-Bruns
Publisher : Univ of California Press
ISBN 13 : 0520283805
Total Pages : 387 pages
Book Rating : 4.5/5 (22 download)
Download or read book Discrimination at Work written by Marie Mercat-Bruns and published by Univ of California Press. This book was released on 2016-02-22 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consists of interviews with American professors.
Author : Armelle Gouritin
Publisher : BRILL
ISBN 13 : 900430214X
Total Pages : 428 pages
Book Rating : 4.0/5 (43 download)
Download or read book EU Environmental Law, International Environmental Law, and Human Rights Law written by Armelle Gouritin and published by BRILL. This book was released on 2016-01-12 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: In EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.
Author : Jean-Louis Baudouin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403508426
Total Pages : 142 pages
Book Rating : 4.4/5 (35 download)
Download or read book Tort Law in Quebec written by Jean-Louis Baudouin and published by Kluwer Law International B.V.. This book was released on 2018-12-14 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Quebec. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person's most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Quebec. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
