Michigan State University Dcl Journal Of International Law
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Engaging with Foreign Law
Author | : Basil S Markesinis |
Publisher | : Bloomsbury Publishing |
Total Pages | : 474 |
Release | : 2009-03-30 |
Genre | : Law |
ISBN | : 184731497X |
This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.
History of Military Occupation from 1792 to 1914
Author | : Peter M. R Stirk |
Publisher | : Edinburgh University Press |
Total Pages | : 207 |
Release | : 2016-02-28 |
Genre | : History |
ISBN | : 0748676023 |
An understanding of military occupation as a distinct phenomenon first emerged in the 18th century. This book shows how this understanding developed and the problems that the occupiers, the occupied, commentators and the courts encountered.
A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
Author | : Hao Duy Phan |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 289 |
Release | : 2012-02-03 |
Genre | : Social Science |
ISBN | : 9004222162 |
This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection.
Securities Markets and Corporate Governance
Author | : Yuwa Wei |
Publisher | : Routledge |
Total Pages | : 310 |
Release | : 2016-04-01 |
Genre | : Law |
ISBN | : 1317058119 |
This book explores the rationalities and functions of securities markets and takeover activities. Focusing on the Chinese experience of utilizing the securities market as an effective mechanism of corporate control, this volume analyses the future development of China's financial market in the era of economic globalization. Providing an overview of the historical development of the securities market and a literature review of the economic functions of stock markets, Securities Markets and Corporate Governance also examines the legal regimes governing securities markets and takeovers in some leading corporate economies including the US, Germany, Japan and the UK. This volume then focuses on the Chinese experience, proposing a model which balances internal corporate governance and external market control for China.
Regional financial Integration in Africa: Cross-listings as a form of regional financial integration
Author | : Moses Wisdom Chisadza |
Publisher | : diplom.de |
Total Pages | : 112 |
Release | : 2014-02-01 |
Genre | : Business & Economics |
ISBN | : 3954897210 |
This book looks at contemporary issues facing financial markets in Southern Africa. It has been established that African stock markets are confronted with a multitude of problems which include inadequate liquidity, low capitalisation, few market participants, a small number of listed companies and low trading volumes. As a result, their broader economic impact has so far been limited. The Southern Africa Development Community (‘SADC’) stock markets, with the exception of South Africa, are small both in terms of the number of listed companies and market capitalisation, and they display considerable illiquidity. In general, the SADC region has shallow and underdeveloped financial markets. Their development has been hampered by a number of factors which include; political and economic uncertainty, fiscal dominance, weak judicial institutions, limited investment opportunities in the private sector, technological constraints, and the shortage of skilled personnel with expertise in banking and finance.
Sexual Offenses in Armed Conflict and International Law
Author | : Noëlle Quénivet |
Publisher | : BRILL |
Total Pages | : 228 |
Release | : 2021-10-01 |
Genre | : Law |
ISBN | : 900447854X |
Noëlle N.R. Quénivet has constructed a valuable tool for navigating the morass of sexual offences and international law. Using Bosnia-Herzegovina a jumping off point, she proceeds to show how, over the last two decades, the Western world has been swept up by a wave of feminist scholars writing about international law and more particularly humanitarian and human rights law. Although these articles, books and statements have covered a broad range of issues, the focus has been on sexual offences and, more specifically, on rape in times of conflict. These authors, as well as NGOs supporting their ideas, have made a series of assumptions concerning sexual offences in times of armed conflict. On the basis of these presumptions, they have claimed inter alia that international law does not adequately prohibit sexual offences and that prosecution is scarce. This timely work examines whether the assumptions made by feminist scholars are solidly grounded in international law and whether their claims are still valid regarding the latest legal developments. A thorough examination of the laws and the jurisprudence relating to sexual offences demonstrates that whereas before the creation of the ad hoc international criminal tribunals some of their claims were founded, these claims are now partially ill-founded. Published under the Transnational Publishers imprint.
Linguistic Justice
Author | : Jacqueline Mowbray |
Publisher | : OUP Oxford |
Total Pages | : 248 |
Release | : 2012-10-25 |
Genre | : Law |
ISBN | : 0191639710 |
Globalization and migration are producing societies of increasing linguistic diversity. At the same time, English is achieving unprecedented global dominance, smaller languages are becoming 'extinct' at an alarming rate, and ethnic tensions in countries from Belgium to Tibet continue to centre on questions of language. Against this background, the issue of how to ensure justice between speakers of different languages becomes a pressing social concern. Matters of 'linguistic justice' are therefore drawing increasing scholarly attention across a range of disciplines. How does international law contribute to linguistic justice? This book explores that question by conducting a comprehensive, interdisciplinary examination of international law on language, analysing the many disparate fields of international law which affect language use both directly (human rights, cultural heritage laws, and EU legislation, for example) and indirectly (international trade law and international labour standards, among others). Moving beyond the technical analysis of legal provisions, the book explores the conceptual framework which underpins international law on language, unearthing underlying assumptions and ideas about what constitutes a 'just' language policy from a legal perspective. In doing so, the book draws on the methodology of sociologist Pierre Bourdieu, whose ideas of 'habitus' and 'field' offer a way of understanding the changing significance of language to human identity, and the way in which language becomes a focal point for the exercise of social power. This analysis reveals the limitations of contemporary international law on language, and charts a course towards the achievement of greater 'linguistic justice'.
The Crime of Aggression under the Rome Statute of the International Criminal Court
Author | : Carrie McDougall |
Publisher | : Cambridge University Press |
Total Pages | : 497 |
Release | : 2021-08-12 |
Genre | : Law |
ISBN | : 110848820X |
This edition provides a comprehensively updated guide to the crime of aggression under the Statute of the International Criminal Court.
Access to Medicines as a Human Right
Author | : Lisa Forman |
Publisher | : University of Toronto Press |
Total Pages | : 225 |
Release | : 2012-08-27 |
Genre | : Medical |
ISBN | : 1442661127 |
According to the World Health Organization, one-third of the global population lacks access to essential medicines. Should pharmaceutical companies be ethically or legally responsible for providing affordable medicines for these people, even though they live outside of profitable markets? Can the private sector be held accountable for protecting human beings' right to health? This thought-provoking interdisciplinary collection grapples with corporate responsibility for the provision of medicines in low- and middle-income countries. The book begins with an examination of human rights, norms, and ethics in relation to the private sector, moving to consider the tensions between pharmaceutical companies' social and business duties. Broad examinations of global conditions are complemented by case studies illustrating different approaches for addressing corporate conduct. Access to Medicines as a Human Right identifies innovative solutions applicable in both global and domestic forums, making it a valuable resource for the vast field of scholars, legal practitioners, and policymakers who must confront this challenging issue.