Consumer Law Between Market Integration And Human Rights Protection

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EU Consumer Law and Human Rights

Author : Iris Benöhr
Publisher : OUP Oxford
ISBN 13 : 0191650641
Total Pages : 274 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis EU Consumer Law and Human Rights by : Iris Benöhr

Download or read book EU Consumer Law and Human Rights written by Iris Benöhr and published by OUP Oxford. This book was released on 2013-12-19 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, consumer law has played an instrumental role in the EU as a tool for market integration. There are now signs in the new EU legal framework and jurisprudence that this may be changing. The Lisbon Treaty contains provisions affecting consumer law and, at the same time, it grants binding legal force to the EU Charter, which in turn adds a fundamental rights dimension to consumer protection. This evolution, however, is still at an early stage and may be thwarted by conflicting trends. Moreover, it may generate tensions between social objectives and economic goals. This book provides the first comprehensive analysis of these developments and examines new avenues that may be opening for consumer law, focusing on three key areas: financial services, electronic communication and access to justice. Through a systematic analysis of relevant cases, the book traces the development of a human rights dimension in consumer law and details the ramifications that the post-Lisbon legal framework may have on consumer protection and policy. This book concludes by proposing new directions in consumer law, striking a compromise between social and economic demands.

Guiding Principles on Business and Human Rights

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher :
ISBN 13 : 9789211542011
Total Pages : 0 pages
Book Rating : 4.5/5 (42 download)

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Book Synopsis Guiding Principles on Business and Human Rights by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Guiding Principles on Business and Human Rights written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.

Trade and Human Health and Safety

Author : George A. Bermann
Publisher : Cambridge University Press
ISBN 13 : 9780521855280
Total Pages : 358 pages
Book Rating : 4.8/5 (552 download)

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Book Synopsis Trade and Human Health and Safety by : George A. Bermann

Download or read book Trade and Human Health and Safety written by George A. Bermann and published by Cambridge University Press. This book was released on 2006-01-23 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the standards established for the regulation of public health and safety issues.

Consumer Law and Policy

Author : Iain Ramsay
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250247
Total Pages : 523 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Consumer Law and Policy by : Iain Ramsay

Download or read book Consumer Law and Policy written by Iain Ramsay and published by Bloomsbury Publishing. This book was released on 2012-10-25 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.

Jurisdiction and Cross-Border Collective Redress

Author : Alexia Pato
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930310
Total Pages : 367 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Jurisdiction and Cross-Border Collective Redress by : Alexia Pato

Download or read book Jurisdiction and Cross-Border Collective Redress written by Alexia Pato and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.

Foreign Investment, Human Rights and Environmental Protection

Author : Shawkat Alam
Publisher : Taylor & Francis
ISBN 13 : 1040229670
Total Pages : 217 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Foreign Investment, Human Rights and Environmental Protection by : Shawkat Alam

Download or read book Foreign Investment, Human Rights and Environmental Protection written by Shawkat Alam and published by Taylor & Francis. This book was released on 2024-11-22 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the integration of human rights and environmental standards within international investment agreements (IIAs). It explores the intricate relationship between foreign direct investment and sustainable development, emphasizing the necessity for reform in investment treaties to ensure they support rather than hinder human rights and environmental protection. The book begins with an overview of the current international investment law landscape, focusing on its primary goal of investment protection. It then delves into how human rights and environmental standards can shape IIAs, suggesting a new approach to these treaties. The authors explore the incorporation of sustainable development principles into IIAs, the difficulty of balancing investor protection with state regulatory autonomy, and the evolving norms and standards in this area. The book includes detailed case studies on topics such as the interplay between labour standards, investment, and human rights, bilateral investment agreements, sustainable forest management, and the liberalization of water services. Aimed at policymakers, legal scholars, and international law practitioners, this book provides a thorough framework for understanding and reforming IIAs. It offers groundbreaking insights into aligning investment treaties with global sustainable development goals, making it a vital resource for anyone interested in the intersection of investment, human rights, and environmental sustainability.

The Future of EU Constitutionalism

Author : Matej Avbelj
Publisher : Bloomsbury Publishing
ISBN 13 : 1509962875
Total Pages : 326 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Future of EU Constitutionalism by : Matej Avbelj

Download or read book The Future of EU Constitutionalism written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a real and meaningful future for EU constitutionalism? This collection explores this question in light of recent challenges to EU constitutional law; namely the pandemic and the political schisms emerging across the European Union. The contributors explore the question through the prism of the five main pillars of EU constitutionalism: the constitutional values, the EU formal constitutional framework, its substance consisting of the EU political and economic constitution, and conclude by looking at the foundational concept of sovereignty (national and European) in a global realm. Drawing on expertise from both 'old' and 'new' Europe, it gives voice to the most fundamental question facing the Union in its second half century.

Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010)

Author : The Xiamen Academy of International Law
Publisher : BRILL
ISBN 13 : 9004204113
Total Pages : 552 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010) by : The Xiamen Academy of International Law

Download or read book Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010) written by The Xiamen Academy of International Law and published by BRILL. This book was released on 2011-06-22 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Third Volume of the Series contains the following articles: New Trends of International Law in the Era of Globalization, Stephan Hobe; Tradition versus Harmonization in the Recent Reforms of Contract Law, Ole Lando; Constitutional Functions and Constitutional Problems of International Economic Law in the 21st Century, Ernst-Ulrich Petersmann; International Law: A System of Relationships, Malcolm N. Shaw, QC; The International Law of Watercourses: New Dimensions, Patricia Wouters The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.

Protecting Human Rights in the EU

Author : Tanel Kerikmäe
Publisher : Springer Science & Business Media
ISBN 13 : 3642389023
Total Pages : 200 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Protecting Human Rights in the EU by : Tanel Kerikmäe

Download or read book Protecting Human Rights in the EU written by Tanel Kerikmäe and published by Springer Science & Business Media. This book was released on 2013-08-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain “inflation” caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more “purist” to ensure that universal human rights as a concept survive. Another chapter concentrates on the analysis of the frames of “EU protected human rights” from the perspective of effective implementation. Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on. Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.

The Evolution of EU Law

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0199592977
Total Pages : 984 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Evolution of EU Law by : Paul Craig

Download or read book The Evolution of EU Law written by Paul Craig and published by Oxford University Press. This book was released on 2011-02-17 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1999.

Contracting and Contract Law in the Age of Artificial Intelligence

Author : Martin Ebers
Publisher : Bloomsbury Publishing
ISBN 13 : 1509950699
Total Pages : 325 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Contracting and Contract Law in the Age of Artificial Intelligence by : Martin Ebers

Download or read book Contracting and Contract Law in the Age of Artificial Intelligence written by Martin Ebers and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.

Queer Encounters with International Law

Author : Tamsin Phillipa Paige
Publisher : Taylor & Francis
ISBN 13 : 104015378X
Total Pages : 305 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Queer Encounters with International Law by : Tamsin Phillipa Paige

Download or read book Queer Encounters with International Law written by Tamsin Phillipa Paige and published by Taylor & Francis. This book was released on 2024-10-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on queer people and their encounters with international law. Traversing a wide range of topics, from trans discrimination and conversion therapy to sadomasochism and abolitionism, this book asks questions about the (im)possibility of freedom and equality for queer communities in the world and the role that different areas of international law have to play in such a pursuit. It considers how queer lives and bodies are rendered legible or illegible to the law through how we define concepts such as ‘gender [identity]’ or ‘private life’. It also reflects on whether legal activism focused on LGBTIQA+ rights can ever reflect the insights of queer theory. The book engages with new issues in international law, such as recent contestation over the meaning of ‘gender’ in international human rights law and international criminal law. It also showcases the diversity of approaches to queering international law that are emerging. While some chapters offer a critique of international law’s violent and exclusionary tendencies, others re-invest in international law as a tool in the struggle for queer liberation by seeking to re-imagine it in queer directions. The questions addressed in this book are wide-ranging and approached differently by the authors. However, all centre on the complex relationship between international law, queer theory, and queer lives and what the future holds for these encounters going forward. This collection of queer encounters with international law will be invaluable to scholars of international law, human rights, and international relations with an interest in critical approaches to these areas, as well as to researchers, activists, and practitioners working in cultural, gender, and sexuality studies.

European Consumer Law

Author : Norbert Reich
Publisher :
ISBN 13 : 9781780684598
Total Pages : 0 pages
Book Rating : 4.6/5 (845 download)

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Book Synopsis European Consumer Law by : Norbert Reich

Download or read book European Consumer Law written by Norbert Reich and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, EU consumer law has been subject to spectacular decisions by the European Court of Justice, with important consequences for the private law of Member States. Currently, it is under scrutiny by the EC Commission, which has just published a proposal for the revision of important aspects of the EU consumer law acquis. The authors have taken a broad horizontal approach at the European acquis, thereby reflecting on the history, the achievements and also the shortcomings of EC law.

Protecting Vulnerable Groups

Author : Francesca Ippolito
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256148
Total Pages : 711 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Protecting Vulnerable Groups by : Francesca Ippolito

Download or read book Protecting Vulnerable Groups written by Francesca Ippolito and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the levels of protection offered by the two European systems. These questions include whether the Convention and the case law of the Strasbourg Court, the monitoring mechanisms of the Council of Europe, EU law and the case law of the European Court of Justice enhance the protection of vulnerable groups and expand the protection of their rights, or, alternatively, whether they are mainly used to fill in relatively minor gaps or occasional lapses in national rights guarantees. The analysis also shows the extent to which these two European systems provide analogous, or indeed divergent, standards and how any such divergence might be problematic in light of the EU accession to the European Convention on Human Rights.

International Economic Law in the 21st Century

Author : Ernst-Ulrich Petersmann
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319815
Total Pages : 471 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis International Economic Law in the 21st Century by : Ernst-Ulrich Petersmann

Download or read book International Economic Law in the 21st Century written by Ernst-Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2012-07-24 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.

The EU Social Market Economy and the Law

Author : Delia Ferri
Publisher : Routledge
ISBN 13 : 1351068504
Total Pages : 347 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The EU Social Market Economy and the Law by : Delia Ferri

Download or read book The EU Social Market Economy and the Law written by Delia Ferri and published by Routledge. This book was released on 2018-07-20 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

Legal Reasoning, Research, and Writing for International Graduate Students

Author : Nadia E. Nedzel
Publisher : Aspen Publishing
ISBN 13 : 1543831184
Total Pages : 494 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Legal Reasoning, Research, and Writing for International Graduate Students by : Nadia E. Nedzel

Download or read book Legal Reasoning, Research, and Writing for International Graduate Students written by Nadia E. Nedzel and published by Aspen Publishing. This book was released on 2021-01-31 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reasoning, Research, and Writing for International Graduate Students, Fifth Edition, helps international students understand and approach legal reasoning and writing the way law students and attorneys do in the United States. With concise and clear text, Professor Nedzel introduces the unique and important features of the American legal system and American law schools. Using clear instruction, examples, visual aids, and practice exercises, she teaches practical lawyering skills with sensitivity to the challenges of ESL students. New to the Fifth Edition: Streamlined presentation makes the material even more accessible. Chapters are short, direct, and to the point. Five chapters on reasoning and writing, including exam skills, office memos, and rewriting. Full chapters on contract drafting and scholarly writing. New flowcharts provide a concise, visual overview for each chapter. Citation coverage updated to new 21st edition of The Bluebook. Simplified examples and exercises. Three thoroughly revised chapters on legal research, including non-fee legal research and technological changes in the practice of U.S. law. Professors and student will benefit from: Comparative perspective informs readers about the unique features of American law as compared to civil law, Islamic law, and Asian traditions. Explanations of practical skills assume no former knowledge of the American legal system. U.S. law school necessary skills explained immediately: case briefing, creating a course outline, time management, reading citations, and writing answers to hypothetical exam questions. Short, lucid chapters that reiterate major points to aid comprehension. Clear introductions to writing hypothetical-based exams, legal memoranda, contract drafting and scholarly writing. An integrated approach to proper citation format, with explanation and instruction provided in context. Discussion of plagiarism and U.S. law school honor codes. Practical skill-building exercises in each chapter. Research exercises are primarily Internet-based Charts and summaries that are useful learning aids and reference tools