Download or read book Combating Economic Crimes written by Ndiva Kofele-Kale and published by Routledge. This book was released on 2013-03-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and ‘situationalizing’ competing human rights and public interests in situations involving possible official corruption.
Download or read book Multi criteria Analysis in Legal Reasoning written by Bengt Lindell and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
Download or read book Copyright and Information Privacy written by Federica Giovanella and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Download or read book The Balancing of Interests in Environmental Law in Africa written by Willemien Du Plessis and published by PULP. This book was released on 2011 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Now that economic development is starting to pick up in many countries in Africa, the question arises how such development can be balanced with the need for adequate environmental protection. This crucial issue, inherent in the notion of sustainable development, is addressed in this innovative and path-breaking volume. For the first time, academics from seventeen African countries have joined forces to analyse the way in which economic and environmental interests are balanced in their legal systems. The authors all use a common framework to improve the comparability of the country studies. The different country-related chapters do not only provide insights into the formally applicable legal rules (law in the books), but given that the book brings together academics aware of the practice in Africa, they also describe the way in which environmental policy functions in practice (law in action). Many case studies, with conceptual analyses are provided of pollution incidents and the way in which administrative agencies or courts have on those occasions balanced the interests between the economy, society and the environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy reform are also formulated, showing African countries how they can benefit from experiences in the US and Europe. This thought provoking volume is a must for anyone (academic, policymaker or practitioner) interested in sustainable development generally and in Africa in particular."--P. [4] of cover.
Download or read book Foreign Investment in the Energy Sector written by Eric De Brabandere and published by Martinus Nijhoff Publishers. This book was released on 2014-06-05 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investments in the energy sector raise formidable legal questions, often requiring a delicate balance between private and public interests of the various stakeholders. Foreign Investment in the Energy Sector: Balancing Private and Public Interests opens with a discussion of the legal protection of foreign investment in the main segments of the energy sector (namely oil, gas, mining and hydroelectric industry), both in substantive and procedural terms. This second part of the book focuses on the Energy Charter Treaty, by far the most important international legal instrument in the energy sector, and its future after the decision of the Russian Federation not to ratify it. In its third part, the book examines four critical areas that are often negatively concerned by economic activities by multinational in the energy sector, namely compliance with safety and labour standards, protection of the environment, respect of indigenous peoples rights, and protection of public health. Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.
Download or read book David Foster Wallace s Balancing Books written by Jeffrey Severs and published by Columbia University Press. This book was released on 2017-01-03 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do we value? Why do we value it? And in a neoliberal age, can morality ever displace money as the primary means of defining value? These are the questions that drove David Foster Wallace, a writer widely credited with changing the face of contemporary fiction and moving it beyond an emotionless postmodern irony. Jeffrey Severs argues in David Foster Wallace's Balancing Books that Wallace was also deeply engaged with the social, political, and economic issues of the twentieth and twenty-first centuries. A rebellious economic thinker, Wallace satirized the deforming effects of money, questioned the logic of the monetary system, and saw the world through the lens of value's many hidden and untapped meanings. In original readings of all of Wallace's fiction, from The Broom of the System and Infinite Jest to his story collections and The Pale King, Severs reveals Wallace to be a thoroughly political writer whose works provide an often surreal history of financial crises and economic policies. As Severs demonstrates, the concept of value occupied the intersection of Wallace's major interests: economics, work, metaphysics, mathematics, and morality. Severs ranges from the Great Depression and the New Deal to the realms of finance, insurance, and taxation to detail Wallace's quest for balance and grace in a world of excess and entropy. Wallace showed characters struggling to place two feet on the ground and restlessly sought to "balance the books" of a chaotic culture. Explaining why Wallace's work has galvanized a new phase in contemporary global literature, Severs draws connections to key Wallace forerunners Don DeLillo, Thomas Pynchon, and William Gaddis, as well as his successors—including Dave Eggers, Teddy Wayne, Jonathan Lethem, and Zadie Smith—interpreting Wallace's legacy in terms of finance, the gift, and office life.
Download or read book The Oxford Handbook of Modern Diplomacy written by Andrew Fenton Cooper and published by Oxford University Press. This book was released on 2013-03-28 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt: Including chapters from some of the leading experts in the field this Handbook provides a full overview of the nature and challenges of modern diplomacy and includes a tour d'horizon of the key ways in which the theory and practice of modern diplomacy are evolving in the 21st Century.
Download or read book Africa s International Relations written by Beth Elise Whitaker and published by . This book was released on 2018 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and engaging, this timely introduction to Africa’s international relations explores how power, interests, and ideas influence interactions both among the continent’s states and between African states and other actors in the global arena. How has history shaped the international relations of African states and peoples? What role does identity play? How are foreign policies linked to domestic political dynamics, and especially to the pursuit of regime security? How are states grappling with the tensions between sovereignty and external pressures? These are among the questions answered as the authors address a wide range of ongoing and emerging challenges, all in historical and theoretical context. In addition, a case study at the end of each chapter illustrates key concepts and reflects an ongoing debate. The result is an ideal text for students, as well as an invaluable resource for researchers and policymakers. -- ‡c From publisher's description.
Download or read book The Good Husband s Guide to Balancing Hobbies and Marriage written by Steve Chapman and published by Harvest House Publishers. This book was released on 2005 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Avid hunter Steve Chapman (A Look at Life from a Deer Stand--200,000 copies sold) enthusiastically pursues a lifelong hobby while remaining passionate about his wife and home. Knowing the perils of spending too much time in the woods, he prayed, studied God's Word, and sought advice. The result? Nine life-changing principles to balancing hobbies and marriage, including-- investing equal finances in his spouse's interests spending more time with his wife than with his hobby communicating desire to be with his family sharing the child-rearing load making sure hobby doesn't cause a mess Whether their passion is hunting, golf, or team sports, this guide will help men participate in hobbies and keep their families happy.
Download or read book ASEAN Resistance to Sovereignty Violation written by Southgate, Laura and published by Bristol University Press. This book was released on 2019-05-08 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available Open Access under CC-BY-NC licence. Examining how the Association of Southeast Asian Nations’ (ASEAN) has responded to external threats over the past 50 years, this book provides a compelling account of regional state actions and foreign policy in the face of potential sovereignty violation. The author draws on a large amount of previously unanalysed material, including declassified government documents and WikiLeaks cables, to examine four key cases since 1975. Taking into account state interests and the role of external powers, the author develops the ‘vanguard state theory’ to explain ASEAN state responses to sovereignty violation, which, it is argued, has universal applicability and explanatory power.
Download or read book Flexibility at Work written by Peter Andrew Reilly and published by Gower Publishing, Ltd.. This book was released on 2001 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Flexibility at Work shows you how to obtain the business benefits of flexibility whilst addressing the needs of both employer and employee. Peter Reilly breaks down flexibility into five different types, from functional through to financial. He introduces a model of how mutual flexibility might be developed and the preconditions necessary to make it successful. Along the way he cites much evidence of how employers are introducing alternative working arrangements that provide benefits to both parties.Flexibility can reduce costs, improve quality and service, increase productivity, hedge against change, and meet supply needs.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Balancing of Interests written by Thomas Schultz and published by . This book was released on 2013 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a legal theory article on a methodology judges and arbitrators may use to balance interests in their decision making-process. Special consideration is given to the definition of the notion of interest, which lies between legal norms and facts, and its role in relation to vague or indetermined legal norms. The article seeks to find common threads in the developments of legal philosophers such as H.L.A. Hart, Ronald Dworkin, Jeremy Bentham, Juuml;rgen Habermas, Franccedil;ois Ost, Enrico Pattaro, and Umberto Eco.
Download or read book Balancing Constitutional Rights written by Jacco Bomhoff and published by Cambridge University Press. This book was released on 2013-12-19 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.
Download or read book Balancing of interests written by Hans-Eric Rasmussen-Bonne and published by Verlag Recht und Wirtschaft. This book was released on 2005 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Handbook of Consumer Privacy written by Evan Selinger and published by Cambridge University Press. This book was released on 2018-04-02 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things matures and facial recognition, predictive analytics, big data, and wearable tracking grow in power, scale, and scope, a controversial ecosystem will exacerbate the acrimony over commercial data capture and analysis. The only productive way forward is to get a grip on the key problems right now and change the conversation. That's exactly what Jules Polonetsky, Omer Tene, and Evan Selinger do. They bring together diverse views from leading academics, business leaders, and policymakers to discuss the opportunities and challenges of the new data economy.
Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
