Download or read book Legal Personality in International Law written by Roland Portmann and published by Cambridge University Press. This book was released on 2010-08-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.
Download or read book The International Legal Personality of the Individual written by Astrid Kjeldgaard-Pedersen and published by Oxford University Press. This book was released on 2018-08-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.
Download or read book Lawyer Know Thyself written by Susan Swaim Daicoff and published by Amer Psychological Assn. This book was released on 2004-01-01 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyer, Know Thyself explores what some consider to be a three-part crisis in the legal profession. Despite the many perks of being a lawyer - among them intellectual challenge, social status, and high salaries - job dissatisfaction, poor mental health, and substance abuse are surprisingly common among lawyers. In addition, the public arguably has less respect for attorneys than for any other professional group. Finally, there seems to be a crisis of professionalism among lawyers, as borne out by frequent complaints of incivility, combative litigation, and ethically questionable conduct.
Download or read book Personality Rights in European Tort Law written by Gert Brüggemeier and published by Cambridge University Press. This book was released on 2010-04-15 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.
Download or read book The Concept of International Legal Personality written by Janne Elisabeth Nijman and published by T.M.C. Asser Press. This book was released on 2004-11-11 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the report of a journey. The reader is invited to join the author on a th trip in time and space. The trip takes its starting-point in 17 century Europe and th the as yet confused post-Thirty Years War society. After some stops in the 18 th and 19 century the author brings us to the post-World War I society which is as confused and is torn between ideals and despair. Then we make a stop in the post-World War II society when ideals seemingly have made place for trust in power but where we also get a glance of the fragile sapling of human rights law. And finally we pause in the post-Cold War world and try to cast a look into the future. What is the purpose of this journey, what is the author in search of? As is clear from the title it is the concept of International Legal Personality which for many will have a rather formal and positive law connotation. But the journey does not take us into the cabinets of Foreign Ministries or to conference-rooms or United Nations-buildings where the law is made nor to the court-rooms where the law is interpreted and modelled.
Download or read book Chinese Law of Personality Rights II written by Wang Liming and published by Taylor & Francis. This book was released on 2022-09-30 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of articles on the codification experience of China’s Law of Personality Rights, explaining the design of the Law as well as its innovations. As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.
Download or read book International Legal Personality written by Fleur Johns and published by Routledge. This book was released on 2017-07-05 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who or what is entitled to act on the international plane? Where should responsibility for violations of international law lie? What sort of entities are capable of possessing international legal rights? What is the status of individuals, minority groups, non-governmental bodies, international organisations and animals in the international legal order and how has their status shifted over time? International Legal Personality contains fourteen articles that address these and related questions. In historical and contemporary writings, international lawyers grapple with the nature of legal identity, and confront global distributions of authority and responsibility, as they explore who or what is a 'person' in the international legal order. These essays document the emergence of an international legal order increasingly conceived in terms of patterns and probabilities, rather than as the stagecraft of a small company of permanent players.
Download or read book Chinese Law of Personality Rights I written by Wang Liming and published by Taylor & Francis. This book was released on 2022-07-29 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.
Download or read book Rights of Personality in Scots Law written by Niall Whitty and published by Edinburgh University Press. This book was released on 2014-02-08 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the law on rights of personality in Scotland compared to other jurisdictionsTaking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law, and mixed legal systems. The main focus is on the private law of personality rights, with due regard paid to the impact of constitutional legislation and other instruments protecting human rights.
Download or read book EXPLORING LEGAL SAFEGUARDS FOR PERSONALITY RIGHTS IN THE ERA OF ARTIFICIAL INTELLIGENCE written by Dr. Amit Singh , Ms. Nidhi Shanker and published by Laxmi Book Publication. This book was released on 2024-05-31 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artificial Intelligence (AI) encompasses the ability of computers or robots to execute tasks that typically require human capabilities. Such tasks include speech recognition, language translation, decision-making, and visual perception. AI is categorized into narrow AI, artificial general intelligence (AGI), and artificial super intelligence (ASI). AGI aims to match human-level performance across all tasks, while ASI surpasses human intelligence in all areas. Currently, AI focuses on specific tasks, with AGI development largely undisclosed.
Download or read book International Legal Personality written by Christopher Barbara and published by Christopher Barbara. This book was released on 2008 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: With news of human suffering flowing into the homes of the world on a daily basis, Man is more attuned than ever to the pitiful circumstances faced by many of his brethren. It is the professed goal of international law to serve Man, yet contemporary international legal theory construes Man as a legal non-entity resigned to languish forever in the shadow of the state. This book seeks to explore the future of international law in the contemporary context of globalization. In light of the newly developed 'interest based' theory of globalization, it becomes apparent that contemporary human societies will in the future no longer so readily tolerate a derivative international legal personality. The inflexible concept of 'state' is thus singled out as the main hindrance to the development of an international society which accords with the direction 'interest based' globalization is asking it to take. Thus it is seen that globalization as well as the core principles of legal science are militating for a system which privileges the wellbeing of Man above all else. Topical and refreshingly argued, this book will no doubt prove both fascinating and helpful to the layman and scholar alike.
Download or read book A Legal Personality for the St Lawrence River and other Rivers of the World written by Yenny Vega Cárdenas and published by Editions JFD. This book was released on 2023-03-15 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the recognition of the Whanganui River in New Zealand, the Ganges and Yamuna Rivers in India, the Yarra River in Australia and the Atrato River in Colombia as «subjects of rights», the International Observatory on Nature’s Rights has initiated a reflection on the possibility of recognizing the St. Lawrence River, the «path that walks» as it is called by the First Nations, as a «legal person». The texts in this collective work deal with the implications of attributing a legal personhood and rights to the St. Lawrence River, delve into the epistemological foundations of the paradigm of the recognition of the rights of Nature and present concrete cases of recognition of rivers as subjects of law. Written by experts from several countries where the recognition of the legal personhood of rivers has occurred to date, they take an in-depth look at the challenges and contributions of this paradigm shift in river protection. This book answers questions about the implications of such recognition and contributes to the process of building a new law that has just begun in Quebec and Canada with the adoption in February 2021 of resolutions conferring the status of «legal person» on the MagPie/ Muteshekau Shipu River located on the North Shore of Quebec and on the Nitassinan (ancestral territory) of two Innu communities, Ekuanitshit and Uashat mak Mani-utemam. Contributions : Inès Bennada, David Cordero Heredia, Teresa Vicente Giménez, Stratégies Saint-Laurent, Isabelle Delainey, Uapukun Mestokosho, Sylvain Gaudreault, Andrew Galliano, Nathalia Parra, Bianca De Marchi Moyano, Hugo Muñoz, Danaé Espinoza, Erin O’Donnell, Brettel Dawson, Shrishtee Bajpai, Rébecca Pétrin, Sokhna Sene, Victor David, Daniel Turp and Yenny Vega Cárdenas.
Download or read book Towards International Personality written by Anna Meijknecht and published by Intersentia nv. This book was released on 2001 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.3. Dualism and Monism
Download or read book The Legal Protection of Personality Rights written by Ken Oliphant and published by BRILL. This book was released on 2018-03-06 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community.
Download or read book Rights of Personality in Scots Law written by Niall R. Whitty and published by Edinburgh University Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in Scotland, and compares it to other jurisdictions using common law, civilian law, and mixed legal systems.
Download or read book The Commercial Appropriation of Personality written by Huw Beverley-Smith and published by Cambridge University Press. This book was released on 2002-08-15 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.
Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2010-06-24 with total page 1209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
