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Responsabilite Des Avocats 2021 22
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Book Synopsis L'obligation de renvoi préjudiciel à la Cour de justice by : Laurent Coutron
Download or read book L'obligation de renvoi préjudiciel à la Cour de justice written by Laurent Coutron and published by Primento. This book was released on 2014-05-27 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amorcé par l’arrêt Köbler, un mouvement jurisprudentiel récent a conduit la Cour de justice à concevoir divers mécanismes qui permettent aux justiciables de sanctionner, directement ou indirectement, une juridiction nationale qui a méconnu son obligation de renvoi préjudiciel. C’est ainsi que les justiciables pourront solliciter la remise en cause de la chose décidée, voire de la chose jugée ou encore, chercher à engager la responsabilité «judiciaire» de l’État. On pressent pourtant que les solutions, très restrictives, forgées par la Cour de justice sont supplantées par les dispositifs nationaux. Ceux-ci paraissent en effet plus aisés à actionner, voire plus performants, qu’il s’agisse de la violation du droit au juge légal, comme en Allemagne ou en Espagne, ou encore de l’introduction du dispositif législatif suédois. La présentation – sans égal à ce jour – de près de vingt rapports nationaux permettra de mieux apprécier l’effectivité de la protection juridictionnelle dont disposent les justiciables via le renvoi préjudiciel. L’intérêt de cet ouvrage est d’autant plus vif que l’adhésion prochaine de l’Union européenne à la Convention européenne des droits de l’homme se traduira vraisemblablement par une revitalisation des dispositions permettant de sanctionner une violation de l’obligation de renvoi préjudiciel. Cet ouvrage s’adresse principalement aux magistrats et aux avocats, ainsi qu’aux universitaires spécialisés dans l’étude du droit processuel.
Book Synopsis Legal Sources in Business and Human Rights by : Martina Buscemi
Download or read book Legal Sources in Business and Human Rights written by Martina Buscemi and published by BRILL. This book was released on 2020-06-02 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States’ reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation.
Book Synopsis Business and Human Rights by : Manoj Kumar Sinha
Download or read book Business and Human Rights written by Manoj Kumar Sinha and published by SAGE Publications Pvt. Limited. This book was released on 2013-11-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 21st century, one of the most noteworthy changes in the human rights debate relates to the increased recognition of the link between business and human rights. This book is an attempt to explore this relationship and also to look into the obligations of the state and transnational corporations in the promotion of human rights. Business and Human Rights discusses how globalization has affected individuals in the enjoyment of their human rights in relation to the activities of corporations. The book addresses what additional steps the states should take to protect against human rights abuses by business enterprises that are owned or controlled by the state. Moreover, it covers, in depth, the role and contribution of the United Nations in business and human rights. The book includes several real-life case studies to help the readers understand the topics discussed.
Download or read book Access to Justice written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.
Book Synopsis Business and Human Rights by : Dorothée Baumann-Pauly
Download or read book Business and Human Rights written by Dorothée Baumann-Pauly and published by Routledge. This book was released on 2016-04-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate, challenges faced by companies and stakeholders in improving human rights, industry-specific human rights standards, current mechanisms to hold corporations to account, future challenges for business and human rights. With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.
Book Synopsis Legal Translation and Court Interpreting: Ethical Values, Quality, Competence Training by : Annikki Liimatainen
Download or read book Legal Translation and Court Interpreting: Ethical Values, Quality, Competence Training written by Annikki Liimatainen and published by Frank & Timme GmbH. This book was released on 2017-10-24 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary volume offers a systematic analysis of translation and interpreting as a means of guaranteeing equality under the law as well as global perspectives in legal translation and interpreting contexts. It offers insights into new research on • language policies and linguistic rights in multilingual communities • the role of the interpreter • accreditation of legal translators and interpreters • translator and interpreter education in multiple countries and • approaches to terms and tools for legal settings. The authors explore familiar problems with a view to developing new approaches to language justice by learning from researchers, trainers, practitioners and policy makers. By offering multiple methods and perspectives covering diverse contexts (e.g. in Austria, Belgium, England, Estonia, Finland, France, Germany, Hong Kong, Ireland, Norway, Poland), this volume is a welcome contribution to legal translation and interpreting studies scholars and practitioners alike, highlighting settings that have received limited attention, such as the linguistic rights of vulnerable populations, as well as practical solutions to methodological and terminological problems.
Book Synopsis Appeal Relating to the Jurisdiction of the ICAO Council (India V. Pakistan) by : International Court of Justice
Download or read book Appeal Relating to the Jurisdiction of the ICAO Council (India V. Pakistan) written by International Court of Justice and published by . This book was released on 1968 with total page 791 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mediation in International Commercial and Investment Disputes by : Catharine Titi
Download or read book Mediation in International Commercial and Investment Disputes written by Catharine Titi and published by Oxford University Press, USA. This book was released on 2019 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Book Synopsis Statutes of the Provice of Quebec by : Québec (Province)
Download or read book Statutes of the Provice of Quebec written by Québec (Province) and published by . This book was released on 1878 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative Climate Change Litigation: Beyond the Usual Suspects by : Francesco Sindico
Download or read book Comparative Climate Change Litigation: Beyond the Usual Suspects written by Francesco Sindico and published by Springer Nature. This book was released on 2021-01-21 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.
Book Synopsis Unexpected Circumstances in European Contract Law by : Ewoud Hondius
Download or read book Unexpected Circumstances in European Contract Law written by Ewoud Hondius and published by Cambridge University Press. This book was released on 2011-03-03 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Book Synopsis Murder, Manslaughter and Infanticide by : Great Britain: Law Commission
Download or read book Murder, Manslaughter and Infanticide written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2006-11-29 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.
Download or read book Rebel Courts written by René Provost and published by Oxford University Press. This book was released on 2021 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq).
Book Synopsis Rwanda by : International Monetary Fund. Legal Dept.
Download or read book Rwanda written by International Monetary Fund. Legal Dept. and published by International Monetary Fund. This book was released on 2015-08-03 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses key findings and recommendations of the Detailed Assessment Report on Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) for Rwanda. Rwanda has taken considerable steps over the last years to establish a national AML/CFT framework. The Rwandan authorities have made great progress in modernizing the financial sector, and aim at making it more attractive to foreign investors. Although the risks of money laundering and terrorist financing do not appear to be particularly significant in Rwanda, further action should be taken to bolster the legal framework, improve its implementation, strengthen overall supervision of reporting entities within the financial sector, and mitigate the potential domestic and cross-border risks.
Book Synopsis Blockchain + Antitrust by : Schrepel, Thibault
Download or read book Blockchain + Antitrust written by Schrepel, Thibault and published by Edward Elgar Publishing. This book was released on 2021-09-21 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate.
Download or read book Des milliards en jeu written by NJ Ayuk and published by Blackstone Publishing. This book was released on 2021-02-12 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Je suis d'accord avec les points soulevés ― et avec l’argument d'Ayuk pour le rôle critique que l'OPEP jouera afin que les produits pétroliers africains se fasse une voix bien méritée dans l'industrie pétrolière." —Secrétaire général de l'OPEP, S.E. Mohammad Sanusi Barkindo Deux décennies de négociation d'accords pétroliers et gaziers africains ont donné à NJ Ayuk une compréhension du paysage énergétique du continent que peu de gens peuvent égaler. L'avocat de l'énergie africain, formé aux États-Unis, fournit des doses généreuses de cette idée dans son deuxième livre, Billions at Play: The Future of Africa Energy and Doing Deals. Servant de feuille de route pour que le continent fasse un meilleur travail en utilisant ses vastes ressources énergétiques pour améliorer la vie de ses populations, Ayuk explique comment les pays africains peuvent utiliser leurs industries énergétiques comme tremplins pour diversifier et développer leur économie globale. De plus, Ayuk montre comment les gouvernements africains et les entreprises locales peuvent négocier de meilleurs accords avec les sociétés énergétiques internationales et comment les pays du continent peuvent utiliser des gisements de pétrole et de gaz marginaux pour développer des industries énergétiques nationales qui, une fois fortes, seront compétitives au niveau mondial. Questions posées et réponses:
Book Synopsis Collected Essays in Architectural Criticism by : Alan Colquhoun
Download or read book Collected Essays in Architectural Criticism written by Alan Colquhoun and published by Black Dog Architecture. This book was released on 2009 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collected Essays in Architectural Criticism is an indispensable anthology of writing by one of the most important voices in architectural theory of the last 50 years. Born in 1921, Colquhoun graduated from the Architectural Association in 1949. Currently Professor Emeritus of Architecture at Princeton University, he has taught at the AA, Cornell University and University College Dublin, among many other schools of architecture. He is the author of several books including the seminal Essays in Architectural Criticism, 1981, Modernity and the Classical Tradition, 1991, (both republished here in their entirety) and The Oxford History of Modern Architecture, 2002. This book includes essays from throughout Colquhoun's distinguished career. In his early writing Colquhoun subjects modern architecture to a far more thorough reading than was then customary. His meticulous evaluation of Modernism raised the standard of architectural historiography and has influenced new directions in theory and practice ever since. Collected Essays in Architectural Criticism encompasses the clarity of style and rigorous, erudite analysis that Colquhoun has brought to bear on a diverse range of subjects, including Le Corbusier, Robert Venturi and Denise Scott Brown, the Pompidou Centre, Postmodernism and the design of museums.
