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Legal Aspects of Marine Protected Areas in the Mediterranean Sea: An Adriatic and Ionian Perspective (IMLI Studies in International Maritime Law)
by Mitja Grbec Tullio Scovazzi Ilaria TaniProviding a comprehensive analysis of the current legal basis for the establishment and further development of area-based conservation tools in the Mediterranean Sea, this book explores provisions under international law and the relevant region frame works to explore transboundary marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) implemented at sub-regional level. Under the European Union’s 2030 Biodiversity Strategy, EUmember States will be responsible for designating the additional protected and strictly protected areas, either by expanding or completing the so-called ‘NATURA 2000’ Network or under national protection schemes through the establishment of national MPAs, including possible transboundary MPAs and OECMs established in accordance with the provisions of the relevant regional seas conventions. This book provides a discussion of the juridical status of the Adriatic and Ionian Seas as parts of a wider enclosed or semi-enclosed Mediterranean Sea, followed by an assessment of the interrelation between global, regional, sub-regional and national legal frameworks on MPAs and OECMs. It offers a comprehensive analysis of the legal basis regarding the establishment of national and, where appropriate, transboundary MPAs and OECMs. Discussing relevant examples of good practice related to transboundary and MPAs, the book will provides an overview of the challenges and opportunities related to the establishment of a transboundary Mediterranean Specially Protected Area of Mediterranean Importance (SPAMI), based on the provisions of the relevant Protocol to the Barcelona Convention, as well as on the challenges and opportunities related to the establishment of a transboundary international marine park and on the feasibility of the establishment of one or more Particularly Sensitive Sea Areas (PSSAs) within the Adriatic and Ionian Seas, and beyond. The book will be of interest to policy makers, practitioners and academics with an interest in public international law, law of the sea and sustainable ocean governance.
Legal Aspects of Marine Protected Areas in the Mediterranean Sea: An Adriatic and Ionian Perspective (IMLI Studies in International Maritime Law)
by Mitja Grbec Tullio Scovazzi Ilaria. TaniProviding a comprehensive analysis of the current legal basis for the establishment and further development of area-based conservation tools in the Mediterranean Sea, this book explores provisions under international law and the relevant region frame works to explore transboundary marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) implemented at sub-regional level. Under the European Union’s 2030 Biodiversity Strategy, EUmember States will be responsible for designating the additional protected and strictly protected areas, either by expanding or completing the so-called ‘NATURA 2000’ Network or under national protection schemes through the establishment of national MPAs, including possible transboundary MPAs and OECMs established in accordance with the provisions of the relevant regional seas conventions. This book provides a discussion of the juridical status of the Adriatic and Ionian Seas as parts of a wider enclosed or semi-enclosed Mediterranean Sea, followed by an assessment of the interrelation between global, regional, sub-regional and national legal frameworks on MPAs and OECMs. It offers a comprehensive analysis of the legal basis regarding the establishment of national and, where appropriate, transboundary MPAs and OECMs. Discussing relevant examples of good practice related to transboundary and MPAs, the book will provides an overview of the challenges and opportunities related to the establishment of a transboundary Mediterranean Specially Protected Area of Mediterranean Importance (SPAMI), based on the provisions of the relevant Protocol to the Barcelona Convention, as well as on the challenges and opportunities related to the establishment of a transboundary international marine park and on the feasibility of the establishment of one or more Particularly Sensitive Sea Areas (PSSAs) within the Adriatic and Ionian Seas, and beyond. The book will be of interest to policy makers, practitioners and academics with an interest in public international law, law of the sea and sustainable ocean governance.
Legal Aspects of Medicine: Including Cardiology, Pulmonary Medicine, and Critical Care Medicine
by James R. Vevaina Roger C. Bone Edwin KassoffThe simple reason for creating this book was my impression that the law is having an increasing impact on the practice of medicine. There is hardly a physician I know who has not been deeply troubled by legal problems professionally, economically, and most important of all, psychologically. The past decade has seen medical practice premiums steadily rising. Multimillion dollar verdicts have not been unusual. Having disregarded these vital issues for many years, physicians have suddenly become very aware of litigation-related problems. Having been interested for a long time in the logic ofthe law and the romance of legal research, I thought it would be useful to create a book that would result in the blending of great minds in law and medicine. It has been my long standing observation and belief that the approach of professors of medicine, and that of learned members of the bar and bench, when put together, produce unique results. Putting these views together has been the real challenge in editing this book.
Legal Aspects of Mental Capacity: A Practical Guide for Health and Social Care Professionals
by Bridgit C. DimondHighly Commended in Health and social care in the 2017 BMA Medical Book AwardsThe Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act’s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.
Legal Aspects of Mental Capacity: A Practical Guide for Health and Social Care Professionals
by Bridgit C. DimondHighly Commended in Health and social care in the 2017 BMA Medical Book AwardsThe Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act’s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.
Legal Aspects Of Nursing (PDF)
by Bridgit DimondNow in its seventh edition, Bridgit Dimond's Legal Aspects of Nursing is the definitive guide to the essential law that nurses and healthcare professionals need to know. Written in an engaging style, the book shows the application of the law to everyday nursing situations showing the relevance and importance of legal considerations to nursing practice. The book covers the legal system and legal issues relating to medicine in general, before examining more specific areas, such as children and the elderly.
Legal Aspects of Privately Financed Infrastructure Projects (PFIPs) in China: The Case for International Standards
by Shuang LiangThis book discusses the reform and improvement of Chinese legislation on Privately Financed Infrastructure Projects (PFIPs), the goal being to help its implementation in China satisfy international standards. In this regard, current Chinese laws are found to be insufficient when it comes to reducing risks to PFIPs, due to certain shortcomings. Therefore, the corresponding legislation must be reformed and improved.The Legislative Guide and Model Provisions drafted by UNCITRAL are discussed as the international standards that can effectively guide this reform; other countries’ laws on PFIPs provide supplementary reference material.Given the rapid rise in the use of PFIPs in China, this book offers a strong theoretical basis for improving Chinese legislation. It also provides general suggestions that can be applied to the reform of laws on PFIPs in any country.
Legal Aspects of Public Procurement (Cornerstones of Public Procurement)
by Michael Flynn Kirk W. Buffington Richard PenningtonLegal Aspects of Public Procurement, Third Edition provides a glimpse into the relationships between the legal, ethical, and professional standards of public procurement, outlining not only the interconnections of federal, state, and local law but also best practice under comprehensive judicial standards. The book addresses the ever-changing legal structures that work in conjunction and define the public procurement profession, providing recommended guidance for how practitioners can engage in the function while staying ethically aligned. Instead of trying to address every issue at the heart of public procurement, however, the book seeks to establish the history and spirit of the law, outlining how practitioners can engage proactively and willingly to not only perform their function, but to also become advocates for procurement law modernization. This third edition features new chapters on competitive sealed proposals and contract administration, as well as a thoroughly revised and updated chapter on procurement of information technology to better relate to an increasingly digital world. Promoting a start-to-finish guidance of the procurement process, Legal Aspects of Public Procurement explores the relationships between solicitation, proposals, contract administration, and the cutting-edge aspects of technology procurements, providing a theoretical and case-study driven foundation for novice and veteran practitioners alike.
Legal Aspects of Public Procurement (Cornerstones of Public Procurement)
by Michael Flynn Kirk W. Buffington Richard PenningtonLegal Aspects of Public Procurement, Third Edition provides a glimpse into the relationships between the legal, ethical, and professional standards of public procurement, outlining not only the interconnections of federal, state, and local law but also best practice under comprehensive judicial standards. The book addresses the ever-changing legal structures that work in conjunction and define the public procurement profession, providing recommended guidance for how practitioners can engage in the function while staying ethically aligned. Instead of trying to address every issue at the heart of public procurement, however, the book seeks to establish the history and spirit of the law, outlining how practitioners can engage proactively and willingly to not only perform their function, but to also become advocates for procurement law modernization. This third edition features new chapters on competitive sealed proposals and contract administration, as well as a thoroughly revised and updated chapter on procurement of information technology to better relate to an increasingly digital world. Promoting a start-to-finish guidance of the procurement process, Legal Aspects of Public Procurement explores the relationships between solicitation, proposals, contract administration, and the cutting-edge aspects of technology procurements, providing a theoretical and case-study driven foundation for novice and veteran practitioners alike.
The Legal Aspects of Shaming: An Ancient Sanction in the Modern World (Elgar Studies in Law and Society)
Offering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming.This book presents conceptual, normative, and descriptive insights of shaming by individuals, groups, and the state. Defining shaming as the deliberate dissemination of information likely to harm the reputation of whomever is shamed, chapters consider the historical, philosophical, sociological, economic, political, cultural, and legal aspects of shaming. The book offers novel insights into when and how shaming can be utilized by the law, for example by judges and environmental corporate regulators, and when shaming impedes justice, such as in family disputes, tax tribunals, and on social media.Advancing recent public debates, this book will be a fascinating read for legal scholars and students interested in the definition and regulation of shaming. It will also be an invaluable guide for legal practitioners seeking to understand what role shaming can legitimately play in their field.
Legal Aspects of Sustainable Development: Horizontal and Sectorial Policy Issues
by Volker MauerhoferThis book addresses legal aspects of sustainable development and offers the latest thinking on a wide range of current themes. By taking a cross-cutting approach, it adds considerably to the exploration of this emerging scientific field.Twenty-nine original contributions present innovative thoughts and replicable ideas from this exciting, new area, which will be of value to practitioners and researchers alike.These contributions are allocated into a horizontal and sectorial part. The section covering horizontal policies has five sub-parts: 1) general aspects; 2) human and intellectual property rights; 3) communication and social enterprise governance; 4) public participation and 5) assessment tools. The second part on sectorial policies also has five sub-parts: 1) forest and water management; 2) renewable energy; 3) cities, waste and material management; 4) biodiversity, nature conservation, oceans and spatial planning and 5) agriculture and rural policy.It offers a multifaceted discussion of sustainable development and law by authors from five continents and from both the public and the private sectors. This selection guarantees a broad view that presents the more theoretical arguments from the academic as well as the practical perspective.Furthermore, the authorship includes senior, highly experienced academics and practitioners as well as those at the start of their career. This ensures thoughtful expansions of established theories as well as the emergence of innovative ideas.Moreover, the ten sub-parts bring together likeminded thoughts, resulting in an exchange of different viewpoints on a similar theme. This allows the readers to concentrate on individual chapters, while at the same time discovering a variety of thoughts and ideas.
Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed (SpringerBriefs in Law)
by Antonio Elian Lawand JuniorThis book offers an innovative approach to the recovery of areas degraded by international seabed mining, one that considers the feasibility of a standard that would allow mining in these areas in apparent antinomy with their other potential present and future uses. The book begins by identifying and explaining the legal norms that allow mining in these areas and the rights and obligations in mining exploitation concomitant to other uses of them, based on an analysis of mining operations’ duty of Recovery of Degraded Areas. It reveals an antinomy in international law, namely the compatibility of degraded areas and their various present and future uses with the mining of the international seabed. The freedom to mine these areas could destroy the least impacted biome on the planet and undermine the international law system represented by the Cultural Heritage of Mankind and the Third United Nations Convention on the Law of the Sea (“UNCLOS III”). Recovery of Degraded Areas is an obligation in mining and, as such, requires structural changes in the reading of UNCLOS III; recognizing international roles other than those related to sovereignty; projecting the law into the future; and rereading it in light of international environmental law and its instruments.
Legal Aspects of the Regional Integration Processes in the Post-Soviet Area
by Zhenis KembayevLegal Aspects of the Regional Integration Processes in the Post-Soviet Area is the first ever comprehensive overview of regional integration processes in the territory of the former USSR introducing the core concepts of regional integration theory and presenting a solid foundation of factual information regarding all the regional integration agreements (RIAs) operating in the Eurasian landmass and consisting of the former Soviet republics. The book analyzes the legal nature and background of the regional integration in the framework of the Commonwealth of Independent States, the Russian-Belarusian Union, the Single Economic Space, the Eurasian Economic Community and the Collective Security Treaty Organization. It also deals with the RIAs created outside of the Russian control in the format of GUAM and among Central Asian countries. Finally, the book contains conclusive remarks attempting to assess the possibility of the creation of an Eurasian Union.
Legal Aspects of Trade Finance
by Charles ChatterjeeTrade finance is of great importance in the commercial world, for both students (undergraduate and postgraduate) and practitioners. The choice of countries in export trade is often perception-based: trade with government departments or public institutions is seen as much safer than with private entities and the choice of countries is often based on that perception of risk. This book: addresses issues and topics which are relevant to all jurisdictions in the world explains the various types of trade finance, how they may be raised and the legal issues pertaining to them Value for those wanting to understand the legal issues of sources of trade finance in both the developed and developing countries, this book will interest students studying the interaction between law and commerce.
Legal Aspects of Trade Finance
by Charles ChatterjeeTrade finance is of great importance in the commercial world, for both students (undergraduate and postgraduate) and practitioners. The choice of countries in export trade is often perception-based: trade with government departments or public institutions is seen as much safer than with private entities and the choice of countries is often based on that perception of risk. This book: addresses issues and topics which are relevant to all jurisdictions in the world explains the various types of trade finance, how they may be raised and the legal issues pertaining to them Value for those wanting to understand the legal issues of sources of trade finance in both the developed and developing countries, this book will interest students studying the interaction between law and commerce.
A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples: The Case of Brazil
by Catarina Woyames DreherThis book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.
Legal Authority in Premodern Islam: Yahya B Sharaf Al-Nawawi in the Shafi'i School of Law (Culture and Civilization in the Middle East)
by Fachrizal A. HalimOffering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shāfi'ites, i.e., the tarīqas of the Iraqians and Khurasanians. This book revisits the history of the Shāfi'ī school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi’ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.
Legal Authority in Premodern Islam: Yahya B Sharaf Al-Nawawi in the Shafi'i School of Law (Culture and Civilization in the Middle East)
by Fachrizal A. HalimOffering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shāfi'ites, i.e., the tarīqas of the Iraqians and Khurasanians. This book revisits the history of the Shāfi'ī school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi’ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.
The Legal Barriers to Technology Transfer under the UN Framework Convention on Climate Change: The Example of China
by Chen ZhouThe book discusses climate technology transfer under the UNFCCC framework, and China’s relevant legislation and practices. It first explores theoretical basis of climate change-related technology transfer, with a particular focus on the differences between climate technology transfer and business-as-usual performance. The book then reviews practices of both technology supplier and user, in order to generally identify potential legal barriers and obstacles. Finally, it sheds light on China, providing a comprehensive assessment on barriers that hinder the trans-boundary transfers of low carbon technologies and need to be overcome in future. The issues concerned involve two of the most dynamic areas in current China’s lawmaking progress: environment laws and Intellectual Property laws. The book provides an in-depth analysis on China’s legislation and practices in this regard. At international level, the legal framework of climate technology transfer is examined in a systematic, prudent and constructive manner. On this basis, the book highlights potential commons, consistency and possible coordination between the UNFCCC and the WTO regime. This book is accessible to both Chinese and international environmental law specialists. It appeals to a broad readership, including environmental scientists, economists concerned with China’s intellectual property law, foreign investment law and anyone interested in the topic: how to green intellectual property rights regime for climate technology transfer in the China context.
Legal Basis for a National Space Legislation (Space Regulations Library #3)
by Julian HermidaA. GENERAL BACKGROUND “The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. ” 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990’s the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, “Legal Considerations Affecting Commercial Space Launches From International Territory”, (1999) 50 IISL at 10. Emphasis added. 2 H. L.
The Legal Brain: A Lawyer's Guide to Well-Being and Better Job Performance
by null Debra S. AustinThe Legal Brain is an essential guide for legal professionals seeking to understand the impact of chronic stress on their brain and mental health. Drawing on the latest neuroscience and psychology research, the book translates complex scientific concepts into actionable advice for legal professionals looking to enhance their well-being and thrive amidst the demands and stressors of the profession. Chapters cover optimizing cognitive fitness and performance, avoiding or healing cognitive damage, and protecting “the lawyer brain.” Whether you are a law student, practicing lawyer, judge, or leader of a legal organization, this book provides valuable insights and strategies for building resilience, maintaining peak performance, and protecting your most important asset - your brain.
Legal Capacity & Gender: Realising the Human Right to Legal Personhood and Agency of Women, Disabled Women, and Gender Minorities
by Anna Arstein-KerslakeThis book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.
Legal Cases, New Religious Movements, and Minority Faiths (Routledge Inform Series on Minority Religions and Spiritual Movements)
by James T. Richardson François BellangerNew religious movements (NRMs) and other minority faiths have regularly been the focus of legal cases around the world in recent decades. This is the first book to focus on important aspects of the relationship of smaller faiths to the societies in which they function by using specific legal cases to examine social control efforts. The legal cases involve group leaders, a groups’ practices or alleged abuses against members and children in the group, legal actions brought by former members or third parties, attacks against such groups by outsiders including even governments, and libel and slander actions brought by religious groups as they seek to defend themselves. These cases are sometimes milestones in the relation between state authorities and religious groups. Exploring cases in different parts of the world, and assessing the events causing such cases and their consequences, this book offers a practical insight for understanding the relations of NRMs and other minority religions and the law from the perspective of legal cases. Chapters focus on legal, political, and social implications. Including contributions from scholars, legal practitioners, actual or former members, and authorities involved in such cases from various jurisdictions, this book presents an objective approach to understanding why so many legal actions have involved NRMs and other minority faiths in recent years in western societies, and the consequences of those actions for the society and the religious group as well.
Legal Cases, New Religious Movements, and Minority Faiths (Routledge Inform Series on Minority Religions and Spiritual Movements)
by James T. Richardson François BellangerNew religious movements (NRMs) and other minority faiths have regularly been the focus of legal cases around the world in recent decades. This is the first book to focus on important aspects of the relationship of smaller faiths to the societies in which they function by using specific legal cases to examine social control efforts. The legal cases involve group leaders, a groups’ practices or alleged abuses against members and children in the group, legal actions brought by former members or third parties, attacks against such groups by outsiders including even governments, and libel and slander actions brought by religious groups as they seek to defend themselves. These cases are sometimes milestones in the relation between state authorities and religious groups. Exploring cases in different parts of the world, and assessing the events causing such cases and their consequences, this book offers a practical insight for understanding the relations of NRMs and other minority religions and the law from the perspective of legal cases. Chapters focus on legal, political, and social implications. Including contributions from scholars, legal practitioners, actual or former members, and authorities involved in such cases from various jurisdictions, this book presents an objective approach to understanding why so many legal actions have involved NRMs and other minority faiths in recent years in western societies, and the consequences of those actions for the society and the religious group as well.
Legal Certainty and Central Bank Autonomy in Latin American Emerging Markets (European Yearbook of International Economic Law #15)
by Andrea Lucia Tapia-HoffmannThis book provides a comparative analysis of the legal frameworks of six Latin American central banks to determine whether there is legal certainty regarding central bank autonomy. Based on this, it ascertains whether the way in which legal institutions are designed – specifically those that rule the autonomy of the central bank – provides reasons to believe that central banks can keep inflation at bay even if governments face fiscal problems or pursue contradictory objectives. The analysis covers three key areas: a constitutional analysis, a detailed study of the central bank statutes and a study of a number of underexplored threats to central bank autonomy. After defining and identifying different types of legal certainty and linking them to the credibility of government promises, the author goes on to examine the grounds that the law provides for confidence that central banks operate independently of political influence. The second part of the book focuses on a granular analysis of the legal design of the central banks’ objectives and autonomy. Lastly, the third part features two case studies that represent little-known and unusual institutional threats to legal certainty relating to central bank autonomy, such as the interventions by the Constitutional Court of Colombia in the autonomy of the Colombian central bank, and the interventions of the Argentinean executive and legislative branches in the autonomy of Argentina’s central bank through stabilization plans introduced via emergency laws and decrees.In sum, the book suggests that there are serious doubts about the ability of Latin American central banks to maintain price stability over time. Although central banks were granted a degree of autonomy, authorities in Latin American countries are able to affect central bank decisions. Most importantly, a lack of clarity, inconsistencies, or generous exceptions in the law provide ways for authorities to influence central banks even without bending or disregarding the rules.