Download or read book International Investment Law and Soft Law written by Andrea K. Bjorklund and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.
Download or read book The Legal Order written by Santi Romano and published by Routledge. This book was released on 2017-07-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Download or read book The Medieval Idea of Marriage written by Christopher Nugent Lawrence Brooke and published by Oxford University Press on Demand. This book was released on 1994 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging book offers fascinating insights into the nature of marriage in the Middle Ages, both in its social, political, legal, and religious aspects, and in its treatment in contemporary art and literature.
Download or read book Islam s Understanding of Itself written by Richard G. Hovannisian and published by . This book was released on 1983 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Birth Power written by Carmel Shalev and published by . This book was released on 1989-01-01 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviews the historical, legal, and social complications of surrogate motherhood, arguing in favor of this contractual arrangement
Download or read book Self sufficiency of Law written by Mariano Croce and published by Springer Science & Business Media. This book was released on 2012-06-02 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the ‘normative facts’ of a population, i.e. the interactional standards that are proclaimed as binding for the entire population by the publicly recognised legal experts (whose peremptory judgments can be only revised by peers). It proposes an integration of the recent research outcomes achieved in three different areas of study: legal positivism, legal institutionalism and legal pluralism and examines the notions of rule, coercion, institution, practice elaborated by significant theorists in the mentioned areas and illumine both their merits and flaws. Furthermore it advances a notion of law and a description of the legal field which are able to account for the nature of the legal filed as the cradle of the social order. new back cover copy: In an era characterized by a streaking global pluralism, the collapse of many state agencies, the emergence of multiple sources of law, and the rise of informal justice, the idea of a unitary and homogenous legal system seems old-fashioned. But philosophers, sociologists and anthropologists still hold many debates on the nature of law and its function, which is that law represents an institution that characterizes any orderly social context of human beings, and this book plunges into the center of those debates. Self-sufficiency of Law: A Critical-institutional Theory of Social Order investigates the role of law and legal experts in the organizational dynamics of a population. It demonstrates that law is a stable practice among those who are called upon to select the “normative facts” of a population, that is, the interactional standards that are proclaimed as binding for the entire population by the publicly recognized legal experts. To do this, the author proposes an integration of the recent research outcomes achieved in three different areas of study—legal positivism, legal institutionalism and legal pluralism. He examines the notions of rule, coercion, institution and practice elaborated on by significant theorists in these fields, highlighting both the merits and flaws and ultimately advancing a notion of law and a description of the legal field which are able to account for the nature of the legal field as the cradle of social order. This text covers key guidelines for empirical research and political activities in Western and non-Western countries.
Download or read book Nostalgia for the Absolute written by George Steiner and published by House of Anansi. This book was released on 1997 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decline of formal religious systems has left a moral and emotional emptiness in Western culture. George Steiner, internationally renowned thinker and scholar, pursues this and examines the alternative "mythologies" of Marxism, Freudian psychology, L vi-Straussian anthropology, and fads of irrationality.
Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Download or read book Remedies against Immunity written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Download or read book Legal Recognition of Non Conjugal Families written by Nausica Palazzo and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.
Download or read book Legal Origins and Legal Change written by Alan Watson and published by A&C Black. This book was released on 1991-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting the Rights of Refugees Beyond European Borders written by Lisa Heschl and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In times of the proclaimed 'refugee crisis' this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.
Download or read book The Transgender Phenomenon written by Richard Ekins and published by SAGE. This book was released on 2006-10-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Dave King and Richard Ekins are the leading world sociologists in this field. The book brings together a brilliant synthesis of history, case studies, ideas and positions as they have emerged over the past thirty years, and brings together a rich but always grounded account of this field, providing a state of the art of critical concepts and ideas to take this field further during the twenty first century." - Ken Plummer, University of Essex "An outstanding survey of the evolution of trans phenomena, splendidly written, highly informative, scholarly at its best, yet easy to read even for those neither trans nor sociologist. Ekins and King, experts in the field, unroll the panoramas of sex, gender, and transgendering that have evloved during the last decades. For everyone wanting to understand the interaction of women and men and of those who cannot or will not identify with either of these two cataegories, reading this book is a must, and a real pleasure." - Friedmann Pfaefflin, University of ULM This groundbreaking study sets out a framework for exploring transgender diversity for the new millennium. It sets forth an original and comprehensive research and provides a wealth of vivid illustrative material. Based on two decades of fieldwork, life history work, qualitative analysis, archival work and contact with several thousand cross-dressers and sex-changers around the world, the authors distinguish a number of contemporary transgendering ′stories′ to illustrate: The binary male/female divide The interrelations betwen sex, sexuality and gender The interrelations between the main sub-processes of transgendering. Wonderfully insightful, The Transgender Phenomenon develops an original and innovative conceptual framkework for understanding the full range of the transgender experience.
Download or read book The Gloria Anzald a Reader written by Gloria Anzaldua and published by Duke University Press. This book was released on 2009-10-22 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Born in the Río Grande Valley of south Texas, independent scholar and creative writer Gloria Anzaldúa was an internationally acclaimed cultural theorist. As the author of Borderlands / La Frontera: The New Mestiza, Anzaldúa played a major role in shaping contemporary Chicano/a and lesbian/queer theories and identities. As an editor of three anthologies, including the groundbreaking This Bridge Called My Back: Writings by Radical Women of Color, she played an equally vital role in developing an inclusionary, multicultural feminist movement. A versatile author, Anzaldúa published poetry, theoretical essays, short stories, autobiographical narratives, interviews, and children’s books. Her work, which has been included in more than 100 anthologies to date, has helped to transform academic fields including American, Chicano/a, composition, ethnic, literary, and women’s studies. This reader—which provides a representative sample of the poetry, prose, fiction, and experimental autobiographical writing that Anzaldúa produced during her thirty-year career—demonstrates the breadth and philosophical depth of her work. While the reader contains much of Anzaldúa’s published writing (including several pieces now out of print), more than half the material has never before been published. This newly available work offers fresh insights into crucial aspects of Anzaldúa’s life and career, including her upbringing, education, teaching experiences, writing practice and aesthetics, lifelong health struggles, and interest in visual art, as well as her theories of disability, multiculturalism, pedagogy, and spiritual activism. The pieces are arranged chronologically; each one is preceded by a brief introduction. The collection includes a glossary of Anzaldúa’s key terms and concepts, a timeline of her life, primary and secondary bibliographies, and a detailed index.
Download or read book Respect and Equality written by Stephen Whittle and published by Routledge. This book was released on 2012-08-21 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this fascinating work, theoretical discussions of sex, sexuality, gender and law, and an extensive range of primary and secondary research materials, are combined to provide an insightful analysis into the inadequacies of current law.
Download or read book Kadi on Trial written by Matej Avbelj and published by Routledge. This book was released on 2014-07-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union’s objective of ‘the strict observance and the development of international law’, the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights.
Download or read book Transgender Rights written by Paisley Currah and published by U of Minnesota Press. This book was released on 2006 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common. With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement's achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America. Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson. Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute. Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism. Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.
