This book discusses from various angles the position of women in the Roman Catholic Church more specifically with regard to the diaconate. Theological, historical, pastoral, canonical and legal considerations are taken into account. The book makes clear that the old discussion is also lively today as only the ordination of women to the priesthood is currently closed for further debate. The thoughts developed in this book are certainly not exhaustive, nor do they all go into the same direction. Yet they can offer stepping stones to a future which may do right thoroughly to the Church, to women and to the wellbeing of all Christian faithful.
This timely book addresses the need for further measures to reduce greenhouse gas emissions in the European Union, arguing that the EU Emissions Trading Scheme does not offer sufficient incentives for the carbon-intensive materials sector. It highlights the challenge that emissions from industries such as iron and steel, cement and aluminium, amongst others, pose to the EU's commitment to significantly cut emissions by 2030. Offering an in-depth review from an economic and legal perspective, Manuel Haussner explores these carbon-intensive sectors and their contribution to current emissions, and provides insightful suggestions on how a consumption-based carbon charge would create incentives for deep decarbonisation.
Is Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity? These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy. Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy.
This incisive book is an accessible guide to the laws and policies relating to economic and monetary union (EMU). Providing a rich, multidisciplinary analysis, it combines historical, legal and economic perspectives to offer a detailed understanding of how EMU has developed since its inception and how it works in practice today. Alberto Saravalle begins with an overview of the history of EMU, alongside a theoretical analysis of its regulatory framework and development. He then discusses the events of the European sovereign debt crisis, examining the measures taken by EU institutions such as the European Central Bank, as well as the responses of the Member States and the impact of economic policies they adopted as a result.
This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights.Leading experts in the human rights field representing a range of disciplines outline a future research agenda to address poverty and inequality head on.
This original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately.An Economic Analysis of Public Law shows that combining these two disciplines allows for a more realistic view of decision-making and human action, leading to the creation of a 'new' public law that improves the functioning of non-consensual institutions. The book explores the ways in which this will lead to a better coexistence of Demos and Agora, especially in modern times of globalisation and competition among regulators.
Based on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda.Offering an authoritative analysis of Hindu and Buddhist traditions, Surya P. Subedi, QC, focuses on the norms underpinning these two seminal Eastern philosophies to assess the extent to which the ancient civilisations already have human rights values embedded in them. Chapters explore the expression of values in the scriptures and practices of these philosophies, assessing their influence on the contemporary understanding of human rights.
Providing in-depth coverage of each article of the Paris Agreement, this Commentary offers a comprehensive, legal analysis of this most recent and important international instrument on climate change. This provision-by-provision textual analysis examines the commitments that parties to the Agreement have made to undertake ambitious efforts to combat climate change and adapt to its effects, whilst providing additional support to developing countries. Describing the history, implementation and operation of the Paris Agreement, this Commentary is indispensable for obtaining a deep and nuanced understanding of the way in which the global community seeks to intensify its efforts to address climate change.
Never has there been a president like Donald J. Trump. In the five years since he announced his candidacy, through Impeachment proceedings and the impact of Covid-19, President Trump has challenged or ignored almost every standard of the Presidency. Trump, Twitter & The Law tells the story, often through the President’s own words and those of the courts, of his profound impact on the presidency and America. The topic-by-topic discussion of the related legal issues, laws and court decisions covers President Trump’s approaches to women, his businesses, the media, his opponents, the rule of law, law enforcement, the judiciary, elections, violence, race, abuse of his power, transition of power and the truth.
This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment.
Winfield & Jolowicz on Tort has been the leading work on the subject since the first edition was published over 80 years ago, and with the publication of this twentieth edition it continues to be a clear, authoritative and comprehensive guide to this area of law. It is widely adopted for use by students, an invaluable resource for practitioners, and regarded in other legal systems as providing a definitive account of the English law of tort. For this edition, the entire text has been thoroughly updated and several chapters have been extensively rewritten
Did Louis Riel have a fair trial? The trial and conviction of Louis Riel for treason in the summer of 1885 and his execution on November 16, 1885, have been the subjects of historical comment and criticism for over one hundred years. A Rush to Judgment challenges the view held by some historians that Riel received a fair trial. Roger Salhany argues that the presiding judge allowed the prosecutors to control the proceedings, was biased in his charge to the jury, and failed to properly explain how the jury was to consider the evidence of legal insanity.
How to Please the Court: A Moot Court Handbook is a resource designed for students and teachers to prepare for and participate in undergraduate appellate court simulations. This text is the only one of its kind on the market, focusing on helping undergraduate students try their hand at appellate advocacy. The authors combine their decades of experience teaching and coaching moot court to help students understand key skills needed in appellate advocacy such as legal research, critical thinking, oral advocacy, and impromptu speaking.
This book explores one of the most basic skills employed by lawyers on a regular basis. They negotiate with their colleagues, clients, and on behalf of clients with other parties. It is a book that can be used as the primary text in a Negotiations class or as one of several books. It explores the six distinct stages of bargaining interactions, and various negotiating tactics attorneys might use. It covers various psychological factors likely to influence bargaining interactions, plus the possible impact of ethnicity and gender on such endeavors.
This significantly revised and updated second edition builds upon the authoritative foundations of the first edition. It addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination. It provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law's impact on party autonomy and on the margin of appreciation available to arbitral tribunals. International Arbitration and EU Law is a specialist guide for arbitrators, lawyers, judges, and expert witnesses. It will also greatly benefit academics and advanced students working, researching or teaching international arbitration law.
Presenting detailed analysis of the industrialization and commercialization of pharmaceutical patents in China, this timely book explores a range of related topics including a comparison of the ideal and existing state of the pharmaceutical market and patent industrialization. It argues that the core purpose of the industrialization of pharmaceutical patents is to promote the development of the local pharmaceutical industry whilst also protecting society's right to safe and effective medication. Chapters examine the special application issues of patent law in relation to the field of pharmaceuticals, compare the Chinese and American legal systems and their approach to pharmaceutical patents, and provide in-depth political and legal analysis of the industry.
General Principles As a Source of International Law by Imogen Saunders
Call Number: KZ 6275 .S28 2021
Publication Date: 2021-02-25
This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised- held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike.
This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. Highlighting a contrast with the current Empirical Legal Studies movement, chapters employ a variety of theoretically grounded methods to understand law and address legal problems.
This timely book explores the relationship between Japan and the European Union as they work increasingly closely together in many areas of global governance. It discusses the most salient areas of such cooperation from a range of perspectives, while examining not just convergences but also differences. Written by experts from both Europe and Japan, interdisciplinary chapters investigate both actors' current approaches to global governance and multilateralism as well as providing a historical perspective on their bilateral relations.