Download or read book Eurotragedy written by Ashoka Mody and published by Oxford University Press. This book was released on 2018 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: EuroTragedy is an incisive exploration of the tragedy of how the European push for integration was based on illusions and delusions pursued in the face of warnings that the pursuit of unity was based on weak foundations.

Download or read book Research Handbook on EU Environmental Law written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.

Download or read book Principles of European Environmental Law written by Richard Macrory and published by Europa Law Publishing. This book was released on 2004 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The precautionary principle, the polluters pay principle, and similar principles have become embedded in the language of contemporary environment policy. In this important new study, leading European experts in environmental law consider the legal significance of such environmental principles, both in jurisprudential theory and in practice before the courts. The development of the principles within the European Treaty is considered as well as the approach of the European Court of Justice to their interpretation. But it is the interpretation of environmental principles in front of national courts within Europe that forms the heart of the study, with chapters covering a number of the key Europe jurisdictions. The study, the first of its kind, presents a dynamic picture of environmental case law across Europe.

Download or read book Liability and Environment written by Lucas Bergkamp and published by BRILL. This book was released on 2021-12-06 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.

Download or read book Riforma penale Cartabia le novita del decreto correttivo written by AA.VV. and published by Wolters Kluwer Italia. This book was released on 2024-10-11 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’ebook analizza, in chiave critica e approfondita, tutte le novità introdotte dal cd. correttivo Cartabia - D.Lgs. 19 marzo 2024, n. 31 - e i risvolti applicativi della normativa novellata. Il decreto ha introdotto modifiche ed integrazioni al D.Lgs. n. 150/2022, attuativo della c.d. ‘‘riforma Cartabia’,’ al fine di adeguare maggiormente gli istituti interessati dalla riforma ai principi e ai criteri direttivi della legge-delega (L. n. 134/20213), anche attraverso l’appianamento di difetti di coordinamento, e di favorire la semplificazione di alcuni meccanismi procedimentali e processuali. Non mancano interventi di peso, come quelli concernenti l’udienza di sentencing di cui all’art. 545-bis c.p.p. e la riforma dei meccanismi di sblocco della c.d. ‘‘stasi’’ al termine delle indagini preliminari. Composto di undici articoli - che introducono modifiche al codice penale, al codice di procedura penale e ad alcune leggi complementari e contengono norme transitorie – il correttivo interviene in tema di: pene sostitutive delle pene detentive brevi: i correttivi apportati seguono tre linee di intervento che interessano la fase di accesso alle pene sostitutive (meccanismo di sentencing, disciplina del giudizio di appello e concordato con rinuncia ai motivi di appello) e la revoca del beneficio per condanne sopravvenute; indagini preliminari: i profili di novità si articolano su più piani che si intersecano nel rinnovato sbilanciamento del processo nella fase delle indagini, contribuendo a realizzare quello che è stato definito il processo “a trazione anteriore”; processo in assenza: si tratta di integrazioni oggettivamente necessarie per garantire una maggior coerenza sistematica della normativa e porre rimedio ad una serie di difficoltà emerse nella prassi; procedimenti speciali: accanto a modifiche di mero coordinamento in tema di giudizio immediato, rito abbreviato e procedimento per decreto direttissimo, si collocano modifiche più incisive in punto di rito abbreviato e procedimento per decreto; presentazione dell’atto di impugnazione: per risolvere criticità pratiche, l’art. 10 D.Lgs. n. 31/2024 dispone che, fino a quando non sarà obbligatorio il deposito telematico degli atti, il procuratore generale presso la corte di appello può depositare l’atto di impugnazione nella cancelleria della corte di appello nella cui circoscrizione ha sede il giudice che ha emesso il provvedimento impugnato; giustizia riparativa: alcuni ritocchi alle previsioni del codice di rito nel segno della complementarità con la giustizia penale; difetti formali e di coordinamento: il decreto semplifica e di risolve alcuni problemi di coordinamento emersi in fase di prima applicazione della riforma ‘‘Cartabia’’, tenendo conto anche delle segnalazioni provenienti dal mondo accademico, dall’avvocatura e dalla magistratura. Gli articoli sono tratti dalle riviste “Giurisprudenza italiana” e “Diritto penale e processo”.

Download or read book Environmental Discourses in Public and International Law written by Brad Jessup and published by Cambridge University Press. This book was released on 2012-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do dominant views and arguments about environmental problems traverse and connect international and public law?

Download or read book International Environmental Law Policy and Ethics written by Alexander Gillespie and published by OUP Oxford. This book was released on 2014-08-21 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.

Download or read book Stem Cell Banking written by Dusko Ilic and published by Springer. This book was released on 2014-05-05 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book exemplifies experience across the globe in banking of cord blood, mesenchymal, embryonic and induced pluripotent stem cells for clinical use from the United States, Canada, the European Union, Switzerland and Japan to Iran, India and Serbia. The concerns are similar regardless of stem cell type or origin. Implementing core values and common standards depend often on specific circumstances of political and economic setting, which makes flexibility as important as systematic planning. Banking of stem cells is not just building a repository and storing samples. The planning, design, construction and maintenance involve multiple skilled professionals. Stem cell banks are points where technology and medicine converge with ethics, laws and regulations. If properly designed and organized, their utilization will have a broad impact not only on the scientific community and medical professionals but also on the general public.

Download or read book Research Handbook on International Environmental Law written by Fitzmaurice, Malgosia and published by Edward Elgar Publishing. This book was released on 2021-11-12 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly updated and revised second edition of this foundational Handbook combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). It provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.

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 The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

Download or read book Procedura penale written by Maria Novella Galantini and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Handbook of Comparative Environmental Law written by Emma Lees and published by . This book was released on 2019 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook brings together the foremost authorities from around the world to provide the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries.

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.