Download or read book The Legal Doctrines of the Rule of Law and the Legal State Rechtsstaat written by James R. Silkenat and published by Springer. This book was released on 2014-05-28 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Download or read book Fundamenta Iuris Terminolog a Principios e Interpretatio written by Pedro Resina Sola and published by Universidad Almería. This book was released on 2012 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: El presente volumen recoge un conjunto de trabajos sobre una temática sugerente, relevante y de permanente vigencia, dado que atañe a los fundamentos de uno de los pilares más sólidos en que se cimenta la Europa de los pueblos y de los ciudadanos, así como de la Comunidad Iberoamericana. Eso sí, partiendo del más preciado patrimonio común, su Historia, y, en particular, el legado jurídico que tuvo como referente el Derecho romano, base de la cultura jurídica de la mayor parte del Mundo Occidental. Todo jurista está llamado a asumir el compromiso de recrear un estudio e investigación propios del siglo XXI, que vengan a dar respuesta a lo que el momento actual demanda, y no perder el tren de la Historia. Por fortuna, sin duda, somos herederos del rico patrimonio que comporta la experiencia jurídica de la antigua Roma, de la que constituimos sólo un paso más de su largo devenir. Quienes colaboran en esta obra así lo entienden, y sirvan como prueba sus aportaciones.
Download or read book Or amento P blico e M dia written by and published by Rafael de Oliveira Alves. This book was released on with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Catalog written by University of Texas. Library. Latin American Collection and published by . This book was released on 1969 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Technologies and Human Rights written by Mr Mario Viola de Azevedo Cunha and published by Ashgate Publishing, Ltd.. This book was released on 2013-10-28 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst advances in biotechnology and information technology have undoubtedly resulted in better quality of life for mankind, they can also bring about global problems. The legal response to the challenges caused by the rapid progress of technological change has been slow and the question of how international human rights should be protected and promoted with respect to science and technology remains unexplored. The contributors to this book explore the political discourse and power relations of technological growth and human rights issues between the Global South and the Global North and uncover the different perspectives of both regions. They investigate the conflict between technology and human rights and the perpetuation of inequality and subjection of the South to the North. With emerging economies such as Brazil playing a major role in trade, investment and financial law, the book examines how human rights are affected in Southern countries and identifies significant challenges to reform in the areas of international law and policy.
Download or read book The Aristocrats written by Gertrude Franklin Horn Atherton and published by Library of Alexandria. This book was released on with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: I am on top of a mountain by a lake, with other mountains towering irregularly in all directions; a primeval wilderness, in fact, for every mountain is covered with a dense forest, and we reached our lake by an ascent up an almost perpendicular “corduroy” road—made of logs. Agatha and I walked most of the time, for the way the horses stumbled and strained was appalling. Of course poor Bertie had to stay in the “buckboard”—a sort of box on wheels without springs—and stand the terrible jolting; but I think the unique experience diverted him and he would have enjoyed it rather if it had not been for the poor horses. I could not look at them, and lingered some distance behind and stared into this wonderful forest. The Adirondacks are said to be one of the original ranges of the earth, and when one reflects that these spruces and maples and hemlocks and birches had great-grandfathers about the same time—the sensation is almost uncanny, and I realise how over-civilised we all are. Not that I am blasée at twenty-six. God forbid; and I never have been so keen about anything in my life as I am to see every rapidly succeeding phase of this extraordinary country. It is so new, so various, so contradictory, so vital, so un-European. But to return to the Adirondacks. By the merest good fortune we did not have to go to an hotel, for, in spite of the fact that we brought over a retinue of servants, I am sure that even Quick never would have known how to go to work to find a house in this wilderness, and it would have come to our taking a floor—if we could get it—of some hotel, and having no end of bother. But on the Oceanic we got to know rather well a Mr. Rogers, who belongs to one of the many clubs that own lakes and tracts in the Adirondacks, and he offered us his house or “camp”—said that his mother and sister were going abroad this summer, and that he could live at the Club House, which he preferred. Of course Bertie and Agatha demurred, as the club rules would not permit Mr. Rogers to accept any rent; but I said at once to take it, and gave them no peace till they consented. I urged that we could repay Mr. Rogers’ hospitality a hundred fold in England, that we all hated hotels and bother, and that it was of the utmost importance to settle Bertie at once. Now they are very grateful to me, for Bertie, poor darling, is better already, and the house is not only comfortable but charming. It would hold five or six people besides the servants, and is built of big logs, with the rough bark on, and an upper and lower veranda connected by little flights of stairs. Inside it is “sealed” with diagonal strips of polished wood instead of plaster; the floors are also of hard wood with rugs, and the furniture is mostly cane and very picturesque and jolly. In the living-room is a huge fireplace of stones with the moss on, the low ceiling is crossed with heavy beams, and there are several mounted deer heads. From the front verandas and windows we get a fine view of the lake and the little irregularities which form its bays, but on all other sides we look directly into the forest. There is no clearing to speak of about the house, and the tall spruce-trees, pointed like church spires, and the maples with their delicate beautiful leaves form a perfect wall; for their branches grow to the very ground. It is all very wild, and I am writing to you on a table made from the lower section and part of the roots of a tree.
Download or read book Philosophical and Sociological Reflections on Labour Law in Times of Crisis written by Eduardo von Adamovich and published by Cambridge Scholars Publishing. This book was released on 2022-05-13 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not usual within labour law. Insights from philosophical, sociological and even economic standpoints are mobilised to reconcile the past with the future of labour law.
Download or read book Justa Acclama o do serenissimo Rey de Portugal Dom Jo o o IV tratado analytico dividido em tres partes Ordenado e divulgado em nome do mesmo Reyno em justifica o de sua ac o etc written by Francisco VELASCO DE GOUVEA and published by . This book was released on 1644 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defining the Limits of Outer Space for Regulatory Purposes written by Olavo de Oliviera Bittencourt Neto and published by Springer. This book was released on 2015-05-14 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.
Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.
Download or read book Contractual Performance and COVID 19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Download or read book The Wretched of the Global South written by Thamil Venthan Ananthavinayagan and published by Springer Nature. This book was released on 2024 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zusammenfassung: The books aims to discuss and present an alternative epistemology of human rights, against the background of the globalization from below. The interdependent network of transnational networks, ranging from social movements, NGOs, and other groupings, questions the neoliberal paradigm and a particular set of human rights. This book wishes to transform this discourse on human rights and amplify the subaltern voices. The book also aims to highlight alternative practices of freedom that decenter human rights as a liberation discourse. Following Julia Suarez-Krabbe in "Race, Rights and Rebels", the authors aim to amend to practices of freedom that center different orders of knowledge on subjectivity and agency. The proposed book, first, situates the problem of representation of the marginalized voices in contemporary legal and political discourse. Second, it offers critiques in theory, and, third, followed by alternative practices that emanate from marginalized localities. In particular, this book wishes to reflect upon alternatives rooted in legal and non-legal responses to address human rights grievances. In the end, this book envisages, along the lines of Frantz Fanon, to vision the possibility of the human by a new concept, addressing the concerns in various ways: As Fanon argued for "a new start", "a new way of thinking", and for the creation of a "new man", it is pertinent to trigger a human rights project from the below
Download or read book Handbook of Research on Digital Transformation and Challenges to Data Security and Privacy written by Anunciação, Pedro Fernandes and published by IGI Global. This book was released on 2021-02-19 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heavily dominated by the sector of information and communication technologies, economic organizations pursue digital transformation as a differentiating factor and source of competitive advantage. Understanding the challenges of digital transformation is critical to managers to ensure business sustainability. However, there are some problems, such as architecture, security, and reliability, among others, that bring with them the need for studies and investments in this area to avoid significant financial losses. Digital transformation encompasses and challenges many areas, such as business models, organizational structures, human privacy, management, and more, creating a need to investigate the challenges associated with it to create a roadmap for this new digital transformation era. The Handbook of Research on Digital Transformation and Challenges to Data Security and Privacy presents the main challenges of digital transformation and the threats it poses to information security and privacy, as well as models that can contribute to solving these challenges in economic organizations. While highlighting topics such as information systems, digital trends, and information governance, this book is ideally intended for managers, data analysts, cybersecurity professionals, IT specialists, practitioners, researchers, academicians, and students working in fields that include digital transformation, information management, information security, information system reliability, business continuity, and data protection.
Download or read book Hist ria de Portugal written by Fortunato de Almeida and published by . This book was released on 1926 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Multilateral Convention for Tax written by Sergio André Rocha and published by Kluwer Law International B.V.. This book was released on 2021-11-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) is the most forceful multilateral initiative to coordinate tax regimes on a worldwide basis since the dawn of modern income taxation over a century ago. This book evaluates two radically opposed viewpoints on the convention—a momentous and revolutionary paradigm shift versus a mechanism that merely continues an ongoing flow of limited policy coordination—with detailed investigations that bring to life the hopes and the realities of the current era of multilateral tax cooperation. Bringing together authors from national jurisdictions across the globe to scrutinize the MLI and its likely future ramifications, the book provides in-depth commentary and analysis in the following sequence: first, a comprehensive discussion of the design and goals of the MLI as a treaty and an institutional framework; second, an overview of the structure of the convention and its take-up across the globe to date; and third, the substantive implementation of the MLI with a wide range of country reports. Practice areas covered include tax law, international law, and international relations. The legal workings and implications of the MLI might still seem mysterious to those whose daily work is impacted by it, and there is as yet little jurisprudence regarding its legal nature or ultimate effect on the bilateral treaties coming within its scope. For these reasons, this pathbreaking book will be warmly welcomed by in-house counsel and law firms advising cross-border investors and firms; nongovernmental organizations involved in policy analysis and issue advocacy; researchers working on technical areas of international tax law; and lawyers interested in international policymaking, including the creation and diffusion of consensus-based fiscal and related regulatory norms across jurisdictions of differing development levels.
Download or read book Enforcement and Effectiveness of Consumer Law written by Hans-W. Micklitz and published by Springer. This book was released on 2018-07-06 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.
Download or read book Theory of Legal Principles written by Humberto Avila and published by Springer Science & Business Media. This book was released on 2007-09-26 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
