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The ECHR and Human Rights Theory: Reconciling the Moral and the Political Conceptions (Routledge Research in Human Rights Law)
by Alain ZyssetThe European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.
The ECHR and Human Rights Theory: Reconciling the Moral and the Political Conceptions (Routledge Research in Human Rights Law)
by Alain ZyssetThe European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.
The Ethics of Cultural Studies
by Joanna ZylinskaEthical questions feature prominently on today's cultural andpolitical agendas. The Ethics of Cultural Studies presents an ethicalmanifesto for Cultural Studies, an exploration of its current ethicaland political concerns, and of its future challenges.The book is concerned with ethics in the material world, and drawson examples as diverse as cloning and genetics, asylum andimmigration, experiments in plastic surgery and in electronic anddigital art, memories of the Holocaust, September 11th, and mediarepresentations of violence and crime.The Ethics of Cultural Studies is a groundbreaking intervention thatsets the debate on ethics in cultural study, and offers an invaluablesource of ideas for students of contemporary culture.
States of Passion: Law, Identity, and Social Construction of Desire
by Yvonne ZylanIn States of Passion: Law, Identity and the Social Construction of Desire, Professor Yvonne Zylan explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment, and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse. States of Passion argues that law's power to authorize specific discourses and practices of love, desire, hatred, fear, and vulnerability remain grounded in the powerful discourses and institutional practices that mark law as dispassionate, cerebral, and fundamentally procedural. States of Passion contends that those states of passion we experience in our daily lives as particularly significant-to our sense of self, to our collective and social identities, and to our ideas about the body and its dictates-increasingly have as much to do with the state as they do with passion.
Recognition and Enforcement of Foreign Arbitral Awards in Russia and Former USSR States
by Roman ZykovThe 15 sovereign states that emerged from the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991, having all adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, today are drawing increasing attention from international law firms and global arbitral institutions. This book, compiled under the editorship of the Secretary General of the Russian Arbitration Association, is the first full-scale commentary in English on the application of the New York Convention in Russia and the other 14 former USSR states, with attention also to the various relevant national laws and procedures. A total of 71 contributors, all leading experts on arbitration and litigation in the covered jurisdictions, provide in-depth research encompassing the following approaches: article-by-article commentary on the New York Convention with emphasis on the practice of Russian state commercial (arbitrazh) courts; commentary on the relevant provisions of the Russian International Commercial Arbitration Law and the Code of Commercial Procedure; analysis of law and practice on setting aside, recognition, and enforcement of arbitral awards in all non-Russian former USSR states, state by state, written by experts in each jurisdiction; and a unique statistical study of all international commercial arbitration cases under the New York Convention conducted in Russia between 2008 and 2019, showing which grounds of the New York Convention are widely used by the Russian courts in different instances. With this detailed information, practitioners will be able to understand how judicial developments in the covered jurisdictions have impacted the enforceability of arbitral awards, and how parties can take steps to ensure that they secure enforceable awards. In addition, they will clearly discern the enforcement track record for arbitral awards in Russia and former USSR states and how each jurisdiction treats enforcement applications, greatly clarifying decisions on choices by parties and determination of seat of arbitration. Because this book makes arbitration law and procedure in Russia and the former USSR states accessible for the first time in English – thus assisting evaluation of prospects of enforcing foreign arbitral awards in that part of the world – it will be warmly welcomed by in-house counsel, arbitrators, arbitral institutes, judges, researchers, and academics focused on international arbitration.
War and Punishment: The Story of Russian Oppression and Ukrainian Resistance
by Mikhail Zygar'History is made up of myths,' writes the renowned Russian dissident journalist Mikhail Zygar. 'Alas, our myths led us to the fascism of 2022. It is time to expose them.' Drawing from his perilous career investigating the frontiers of the Russian empire, Zygar reveals how 350 years of propaganda, bad historical scholarship, folk tales and fantasy spurred his nation into war with Ukraine.How did a German monk's fear of the Ottoman Empire drive him to invent the fiction of a united Russian world? How did corny spy novels about a 'Soviet James Bond' inspire Vladimir Putin to join the KGB? How did Alexander Pushkin's admiration for a poem by Lord Byron end with him slandering the legendary chief of the Cossacks? And how did Putin underestimate a rising TV comic named Volodymyr Zelensky, failing to see that his satire had become deadly serious, and that his country would be a joke no longer?A noted expert on the Kremlin with unparalleled access to hundreds of players in the current conflict - from politicians to oligarchs, gangsters to comedians (not least Zelensky himself) - Zygar chronicles the power struggles from which today's politics grew, and digs out the essential truths from behind layers of seductive legend. By surveying the strange, complex record of Russo-Ukrainian relations, War and Punishment reveals exactly how the largest nation on Earth lost its senses. A work of history can't undo the past or transform the present, but sometimes it can shape the future.In fact, that's how the story begins.
Medical Ethics in Clinical Practice
by Matjaž ZwitterThis book discusses medicine from an ethical perspective, whereas books on medical ethics more commonly present ethics from a bio-medical standpoint. The book is divided into 23 chapters. The introductory chapters present some basic concepts of medical ethics, such as the relation between the legal system and ethics, ethical documents, ethical theories, and ethical analysis. The following chapters address issues of importance in all fields of medicine: respecting autonomy, communication, relations within a healthcare team, professional malpractice, limited resources, and the portrait of a physician. In turn, the third part of the book focuses on ethical aspects in a broad range of medical activities – preventive medicine, human reproduction, genetics, pediatrics, intensive care, palliative medicine, clinical research, unproven methods in diagnostics and treatment, and the role of physicians who aren’t directly responsible for patient care. The last part presents students’ seminars with case stories. The book offers a valuable resource for physicians of all specialties, students of medicine, professionals, and students from other fields devoted to human health, journalists, and general readers with an interest in medicine.
Ökonomische Analyse der EU-Emissionshandelsrichtlinie: Bedeutung und Funktionsweisen der Primärallokation von Zertifikaten (Ökonomische Analyse des Rechts)
by Katja ZwingmannKatja Zwingmann unterzieht die RL 2003/87/EG, die so genannte Emissionshandelsrichtlinie, einer ökonomischen Analyse unter besonderer Berücksichtigung der Primärallokation von Zertifikaten. Sie kommt zu dem Schluss, dass einzig eine Auktion der Zertifikate zu einem effizienten Ergebnis führt, und empfiehlt bei der jetzigen Zusammensetzung der Teilnehmer ein holländisches Auktionsverfahren.
Peacemaking, Religious Belief and the Rule of Law: The Struggle between Dictatorship and Democracy in Syria and Beyond (Routledge Research in International Law)
by Paul J. ZwierThis book offers a new way of understanding the role of the mediator in teaching parties the interrelationship between sustainable peace, forgiveness, and international justice. It argues that the arrival of social media presents new opportunities for reaching sustainable peace agreements, through their use in gathering the detailed information that can match victims and perpetrators of past atrocities. The author aims to advance a more expansive understanding of the subjects and limitations of making peace in the shadow of international law by examining the concepts of mediation and forgiveness that exist alongside law. To that end, the book offers an account of the role of the mediator that emerges from the interplay between Ricouerian imagination and forgiveness and predicts ever-greater opportunities for making peace and protecting human rights that can be facilitated by a harnessing of social media as a tool for making peace with justice. The author also aims to examine how strategies for sustaining the peace must combat the inevitable frustrations with democracy that can lead to a slide into dictatorship. Assad, Obama, and the UN leadership and their decisions concerning making and maintaining peace in Syria are used as case studies to examine the interplay between a leaders’ religious beliefs, faith in democracy and rule of law, and impulses towards totalitarianism.
Peacemaking, Religious Belief and the Rule of Law: The Struggle between Dictatorship and Democracy in Syria and Beyond (Routledge Research in International Law)
by Paul J. ZwierThis book offers a new way of understanding the role of the mediator in teaching parties the interrelationship between sustainable peace, forgiveness, and international justice. It argues that the arrival of social media presents new opportunities for reaching sustainable peace agreements, through their use in gathering the detailed information that can match victims and perpetrators of past atrocities. The author aims to advance a more expansive understanding of the subjects and limitations of making peace in the shadow of international law by examining the concepts of mediation and forgiveness that exist alongside law. To that end, the book offers an account of the role of the mediator that emerges from the interplay between Ricouerian imagination and forgiveness and predicts ever-greater opportunities for making peace and protecting human rights that can be facilitated by a harnessing of social media as a tool for making peace with justice. The author also aims to examine how strategies for sustaining the peace must combat the inevitable frustrations with democracy that can lead to a slide into dictatorship. Assad, Obama, and the UN leadership and their decisions concerning making and maintaining peace in Syria are used as case studies to examine the interplay between a leaders’ religious beliefs, faith in democracy and rule of law, and impulses towards totalitarianism.
Tax and Financial Planning for the Closely Held Family Business
by Gary A. Zwick James J. JurinskiTax and Financial Planning for the Closely Held Family Business serves as a manual to help business advisers devise strategies for clients dealing with family issues. Guiding family businesses through the complex maze of organizational, tax, financial, governance, estate planning and personal family issues is a complex, time-consuming, difficult, and sometimes emotional process. This book focuses not only on identifying the problems family businesses face, but on devising solutions and planning opportunities for both family businesses and their owners. Tax and Financial Planning for the Closely Held Family Business provides traditional planning techniques as well as many often overlooked non-traditional strategies. The authors, who are Attorneys/CPAs with extensive experience representing family businesses, discuss the role of the family business advisor in dealing with the issues that confront businesses and their owners. Many family business owners may find that the timely involvement of a wise, experienced and careful business adviser can protect the owners from business and family crises. Practitioners, law libraries and law firms will find that each chapter of Tax and Financial Planning for the Closely Held Family Business contains creative planning opportunities that can be studied and implemented in order to solve real problems in the closely held family business.
Forensic Services: Eine Analyse im Kontext zur Jahresabschlussprüfung
by Johanna ZwernemannJohanna Zwernemann zeigt anhand einer modelltheoretischen Analyse, dass Prüfungsgesellschaften, die neben der gesetzlichen Abschlussprüfung auch Forensic Services anbieten, im Vergleich zu „normalen“ Prüfungsgesellschaften größere Anreize haben, den Mandanten umfangreicher zu prüfen und somit die Manipulationen der Rechnungslegung vermehrt aufzuspüren. Im Gleichgewicht kann dies zu einer geringeren Verzerrungswahrscheinlichkeit des Bilanzierenden führen. Die daraus resultierende Prüfungsqualität für den Abschlussprüfer mit Forensic Services im Dienstleistungsportfolio ist höher, ohne dass er jedoch mehr prüft bzw. dass ihm höhere Kosten entstehen.
Health Economics
by Peter Zweifel Friedrich Breyer Mathias KifmannThis is the most complete text available on the economics of health behavior and health care delivery. Appropriate both for advanced undergraduate and beginning graduate students of economics, this text provides the key analytical tools required to understand current research. Issues discussed include the "cost explosion" in health care, the power of medical associations, the search for remuneration systems with favorable incentives, and technological change in medicine. Rather than simplifying the issues facing today’s healthcare systems, the book models existing complexities as they are, adapting economics to reflect the views of the average person.
Cultural Heritage in Transition: A Multi-Level Perspective on World Heritage in Germany and the United Kingdom, 1970-2020 (Studies in Art, Heritage, Law and the Market #4)
by Bart ZwegersThis book introduces the multilevel perspective to analyze how local, national, and international actors and institutions in the heritage field interact. More specifically, a comparative study is made of controversies regarding six UNESCO World Heritage sites in Germany and the United Kingdom. The six cases involve traditional monuments (the cathedral of Aachen and the castle and cathedral of Durham), industrial heritage (the Zollverein Coal Mine in Essen and the former tin and copper mines in Cornwall), and cities (Dresden and Liverpool). Studying how long-term landscape developments interact with local actors and nationally organized regimes reveals important differences between the decentralized German and the centralized British approach to heritage preservation. These differences not only have consequences for the governance of heritage preservation in the two countries, but also for their relations with international organizations such as UNESCO.
Commercial and Military Uses of Outer Space (Issues in Space)
by Melissa De Zwart Stacey HendersonThis edited book brings together a diverse range of chapters on space related topics. The authors included in this book are drawn from Australia and overseas, from academia, government, industry, civil society and the military. This book contains chapters that cover topics such as law, science, archaeology, defence, policy, and more, all with a focus on space. This edited collection is a timely international and interdisciplinary book, which addresses some of the contemporary issues facing activities in space and those attempting to understand, use and regulate the space domain. This edited book seeks to normalise the role of women as experts in the space sector, by not calling attention to the fact that all the authors are women – they are all experts in their respective fields who just happen to be women. Bringing together these contributions in this book in turn promotes the inclusion of diversity in the space sector. This edited collection is an opportunity to influence the development of the space industry – in terms of gender diversity, and diversity of disciplines and thinking – while it is in its formative stage, rather than trying to redress imbalances once they are entrenched in the industry.
Tales of Research Misconduct: A Lacanian Diagnostics of Integrity Challenges in Science Novels (Library of Ethics and Applied Philosophy #36)
by Hub ZwartThis monograph contributes to the scientific misconduct debate from an oblique perspective, by analysing seven novels devoted to this issue, namely: Arrowsmith by Sinclair Lewis (1925), The affair by C.P. Snow (1960), Cantor’s Dilemma by Carl Djerassi (1989), Perlmann’s Silence by Pascal Mercier (1995), Intuition by Allegra Goodman (2006), Solar by Ian McEwan (2010) and Derailment by Diederik Stapel (2012). Scientific misconduct, i.e. fabrication, falsification, plagiarism, but also other questionable research practices, have become a focus of concern for academic communities worldwide, but also for managers, funders and publishers of research. The aforementioned novels offer intriguing windows into integrity challenges emerging in contemporary research practices. They are analysed from a continental philosophical perspective, providing a stage where various voices, positions and modes of discourse are mutually exposed to one another, so that they critically address and question one another. They force us to start from the admission that we do not really know what misconduct is. Subsequently, by providing case histories of misconduct, they address integrity challenges not only in terms of individual deviance but also in terms of systemic crisis, due to current transformations in the ways in which knowledge is produced. Rather than functioning as moral vignettes, the author argues that misconduct novels challenge us to reconsider some of the basic conceptual building blocks of integrity discourse.Except where otherwise noted, this book is licensed under a Creative Commons Attribution 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/.
Some aspects of the extraterritorial reach of the American antitrust laws
by Hendrik. ZwarensteynGeneral While there is an abundance of literature dealing with the American antitrust laws, one can also observe that the application of this area of the law to foreign commerce is still in an evolutionary stage of development. To some extent this can be quantiflably explained by pointing out that the rapid rise of the interests of the American business community in foreign commerce is only a fairly recent 1 phenomenon. This participatory interest reveals a wide spectrum of commercial activities. While the traditional concept of foreign commerce was often limited to thinking in terms of exports and imports, present commercial activities include also such marketing methods as the establishment of foreign branches or subsidiaries, or 2 the location of manufacturing, processing, or assembly plants abroad. To this array of arrangements, most of which contemplate a widening of the market potential, we may add the current merger movement, the conglomerate charac ter of which has been termed its 'most unique characteristic,. 3 Little wonder that at least one author refers to the application of the 311titrust laws to foreign commerce as being still somewhat of a 'frontier area of the law'. 4 Because of the rapidly expanding participation of the American business community in interna tional commerce a gradual evolution of the international dimensions of the American antitrust laws seems therefore within the realm of justifIed expecta tions.
Governance and Security Issues of the European Union: Challenges Ahead
by Jaap De Zwaan Martijn Lak Abiola Makinwa Piet WillemsThis book provides a comprehensive coverage of crucial issues concerning EU co-operation and European security. At present, Europe is confronted with a number of serious common and global challenges, the most important being the economic crisis, migration issues, geopolitical tensions at its external borders, terrorism, climate change and environmental challenges. These developments have a huge impact on the stability and security of the continent as a whole and on each individual European country. Europe, more particularly the European Union, has to organize its governance and security infrastructure in such a way that it can cope with these global threats. This edited volume collects a number of topics and themes connected to the governance and/or security dimensions of EU co-operation. The book is divided into several parts, which deal respectively with the values and general principles of EU co-operation; institutional aspects of EU co-operation; a number of individual policy domains; areas of European criminal law; the external relations of the EU; and the future functioning of EU co-operation as a whole. The eighteen chapters, written by a team of experts with extensive practical and academic experience, contain insights and information valuable to researchers, students, practitioners and policy makers concerned with EU law and international law.About the editorsJaap de Zwaan is Lector European Integration at The Hague University of Applied Sciences, and Emeritus Professor of the European Union Law at Erasmus University Rotterdam. He served for nearly twenty years as a member of the Diplomatic Service of the Dutch Ministry of Foreign Affairs, where he worked notably in the domain of European integration. He was also the Director of the Netherlands Institute of International Relations Clingendael in The Hague for almost six years.Martijn Lak is a historian and a Lecturer and Researcher at the Department of European Studies of The Hague University of Applied Sciences. He studied Journalism and History at the University of Applied Sciences Utrecht, and obtained his Ph.D. in 2011. Martijn Lak specializes in post-war Dutch-German economic and political relations and contemporary German history.Abiola Makinwa is a Senior Researcher and Lecturer in commercial Law with a special focus on Anti-Corruption Law and Policy at The Hague University of Applied Sciences. Abiola Makinwa holds a Ph.D. from Erasmus University, Rotterdam. She is a frequent speaker on anti-corruption law and policy and has introduced Anti-Corruption Compliance as an undergraduate course at The Hague University. Piet Willems is a Lecturer in International and European Law at The Hague University of Applied Sciences, where he focuses on project-based learning, moot court coaching and competition law. His research activities focus on regulation in the European Union. He obtained both his Master’s degree and his LL.M. in European Law from Ghent University. -based learning, moot court coaching and competition law. His research activities focus on regulation in the European Union. He obtained both his Master’s degree and his LL.M. in European Law from Ghent University.
The Law of Obligations in Central and Southeast Europe: Recodification and Recent Developments
by Zvonimir Slakoper; Ivan TotThe Law of Obligations in Central and Southeast Europe examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades, focusing particularly on the legal systems of Poland, Czech Republic, Slovak Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With chapters authored by prominent academics and promising young legal scholars, this book discusses the results of the modernizations and describes the legislative reforms of the law of obligations that are underway or are discussed and advocated for in the countries of Central and Southeast Europe. Divergences of the new civil codes and other legislative acts from earlier legal solutions are identified and the rationale behind these departures is analysed, as well as the introduction of the new legal institutes in the law of obligations in these parts of the world. The Introduction provides a concise country-by-country overview of the recodification, modernization, and reform of the law of obligations in Central and Southeast Europe. In Part I, chapters discuss the process of recodification in the Slovak Republic, Czech Republic, Poland, and Hungary, with focus on the main novelties in their contract and tort law. The chapters in Part II then discuss several, more specific legal institutes of the law of obligations, and other recent developments and contemporary challenges to the law of obligations in the Czech Republic, Slovenia, Croatia, Serbia, and Turkey. This book is of interest to legal scholars in the field of private law, as well as to students, practitioners, members of law reform bodies, and civil servants in Central and Southeast Europe, and beyond.
Animals, Political Liberalism and Public Reason
by Federico ZuoloThis book explores the problem of disagreement concerning the treatment of animals in a liberal society. Current laws include an unprecedented concern for animal welfare, yet disagreement remains pervasive. This issue has so far been neglected both in political philosophy and animal ethics. Although starting from disagreement has been the hallmark of many politically liberal theories, none have been devoted to the treatment of animals, and conversely, most theories in animal ethics do not take the disagreement on this issue seriously. Bridging this divide with a change of perspective, Zuolo argues that we should begin from the disagreement on the moral status of animals and the treatment we owe them. Reconstructing the epistemic nature of disagreement about animals, Zuolo proposes a novel form of public justification to find principles acceptable to all. By setting out a unified framework which honours the liberal principles of respect for diversity, a robust liberal political theory capable of dealing with diverse forms of disagreement, and even some forms of radical dissent, is achieved.
The Inter American Court of Human Rights: The Legitimacy of International Courts and Tribunals
by Natalia Torres ZúñigaThis book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.
The Inter American Court of Human Rights: The Legitimacy of International Courts and Tribunals
by Natalia Torres ZúñigaThis book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.
Transnational Legal Activism in Global Value Chains: The Ali Enterprises Factory Fire and the Struggle for Justice (Interdisciplinary Studies in Human Rights #6)
by Peer Zumbansen Michael Bader Miriam Saage-Maaß Palvasha ShahabThis open access book documents and analyses the various interventions – legal, political, and even artistic – that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.
The Oxford Handbook of Transnational Law (Oxford Handbooks)
by Peer ZumbansenThe Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.
The Oxford Handbook of Transnational Law (Oxford Handbooks)
by Peer ZumbansenThe Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.