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International Perspectives on Gender-Based Violence (Advances in Preventing and Treating Violence and Aggression)
by Madhumita PandeyThis book examines the multifaceted nature of gender-based violence (GBV) and the many forms it can take. It explores the area of GBV and its implications on human rights, law, and policy. The book highlights the significance of current international debates around preventing GBV and provides context for understanding GBV as a complex structural phenomenon deeply rooted in gender inequality. It addresses GBV as one of the most notable human rights violations within all societies and provides multiple global perspectives on GBV to address the common challenges and barriers to combating this issue.Key areas of coverage include:Sexual violence.Domestic violence.Intimate partner violence.Media Misogyny.Online trolling.Discrimination.Sex trafficking and modern slavery.Preventative Measures and role of men.International Perspectives on Gender-Based Violence is an essential resource for researchers, clinicians/therapists, and upper-level undergraduate and graduate students in developmental psychology, family policy, forensic psychology, human rights, public health, criminology/criminal justice, and clinical social work as well as all interrelated disciplines.
International Practices of Criminal Justice: Social and legal perspectives
by Mikkel Jarle Christensen and Ron LeviInternational Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.
International Procedure in Interstate Litigation and Arbitration: A Comparative Approach (Studies on International Courts and Tribunals)
by Eric De BrabandereThe settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.
International Protection of Investments: The Substantive Standards
by August Reinisch Christoph SchreuerThis book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
International Public Health Policy and Ethics (The International Library of Bioethics #106)
by Michael BoylanThis second edition of International Public Health Policy and Ethics complements the popular first edition with contemporary problems in international public health. It brings together philosophers and practitioners to address the foundations and principles upon which public health policy may be advanced – especially in the international arena. What is the basis that justifies public health in the first place? Why should individuals be disadvantaged for the sake of the group? How do policy concerns and clinical practice work together and work against each other? Can the boundaries of public health be extended to include social ills that are amenable to group-dynamic solutions? What about political issues? How can international finance make an impact? These are some of the crucial questions that form the core of this volume of original essays sure to cause practitioners to engage in a critical re-evaluation of the role of ethics in public health policy. With a targeted new essay dealing with COVID and public health issues in Africa this second edition provides a resource building on the first edition.
International Refugee Law
by Hélène LambertThe essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
International Regimes in Global Health Governance (China Perspectives)
by Jiyong JinBy analysing the roles and problems faced by international regimes as major players in global health governance, this book looks into the root causes of the often insufficient supply of global public goods for health and of the deficiencies in current global health governance. Combining several different methods of analysis and methodologies, this book sketches out the landscape of international public health governance involving a range of international actors. These include the World Health Organization, the World Trade Organization, the Biological Weapons Convention and international human rights regimes. Through a novel theoretical framework that synthesises the theory of securitisation, public goods and international regimes, the author then focuses on factors that have resulted in observed deficiencies in global health governance. Based on these examinations, the book also tries to explore feasible approaches for institutional refinement and innovations for greater effectiveness in global health governance. The book will appeal to academics and policy makers interested in global health, international relations and international law.
International Relations and Organisation: Social Sciences For Law Students Series
by Prof. B. S. Murthy Dr V. RajyalakshmiThe book International Relations and Organisation by Prof. B. S. Murthy, revised by Dr. V. Rajyalakshmi, is designed for law students as an introduction to the fundamental concepts of international relations and organizations. It covers topics such as the historical evolution of the world community, the role of states, non-state actors, and international organizations in global governance. The book explores various instruments of state policy, including diplomacy, ideology, economics, and military power, and addresses issues like conflict resolution, war avoidance, and peaceful change. Special attention is given to the United Nations and regional organizations in maintaining global order, making it a key resource for understanding the interconnected nature of law, politics, and international cooperation.
International Residential Code For One- and Two-Family Dwellings
by International Code Council StaffThis comprehensive code for homebuilding combines building, plumbing, mechanical, fuel gas, energy, and electrical provisions into a single resource. The 2015 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY DWELLINGS LOOSE LEAF uses these provisions to provide detailed insight into the construction of one- and two-family dwellings and townhouses up to three stories high. Using foundational principles that facilitate the use of new materials and building designs to guide the content, this reference guide also establishes minimum regulations using prescriptive provisions. This updated code includes information on common walls separating townhouses, remodeling of an existing basement, ramps that do not serve the required egress door, and carbon monoxide alarms.
International Responses to Issues of Credit and Over-indebtedness in the Wake of Crisis (Markets And The Law Ser.)
by Therese WilsonThis book explores the political, economic and regulatory context in which credit regulation is taking place following the global financial crisis. It suggests that current neoliberal economic policies favour multi-national corporations rather than consumers and examines regulatory responses to the internationalization of consumer finance protection. Detailing how EU consumers have been affected by national economic conditions, the book also analyses the lending regimes of Europe, Australia, the US and South Africa and offers suggestions for responsible lending to avoid over-indebtedness and corrupt mortgage-lending. Finally, new approaches and directions for consumer credit regulations are outlined, such as protection for small businesses, protection against risky credit products, reorganization of mortgage securitization and the possibility of a partnership model to address financial exclusion. The book includes contributions from leading names in the field of consumer law and will be invaluable to those interested in banking, business and commercial law.
International Responses to Mass Atrocities in Africa: Responsibility to Protect, Prosecute, and Palliate (Pennsylvania Studies in Human Rights)
by Kurt MillsSince the end of World War II and the founding of the United Nations, genocide, crimes against humanity and other war crimes—mass atrocities—have been explicitly illegal. When such crimes are committed, the international community has an obligation to respond: the human rights of the victims outweigh the sovereignty claims of states that engage in or allow such human rights violations. This obligation has come to be known as the responsibility to protect. <P><P>Yet, parallel to this responsibility, two other related responsibilities have developed: to prosecute those responsible for the crimes, and to provide humanitarian relief to the victims—what the author calls the responsibility to palliate. Even though this rhetoric of protecting those in need is well used by the international community, its application in practice has been erratic at best.In International Responses to Mass Atrocities in Africa, Kurt Mills develops a typology of responses to mass atrocities, investigates the limitations of these responses, and calls for such responses to be implemented in a more timely and thoughtful manner. <P><P>Mills considers four cases of international responses to mass atrocities—in Rwanda, the Democratic Republic of the Congo, Uganda, and Darfur—putting the cases into historical context and analyzing them according to the typology, showing how the responses interact. Although all are intended to address human suffering, they are very different types of actions and accomplish different things, over different timescales, on different orders of magnitude, and by very different types of actors. <P><P>But the critical question is whether they accomplish their objectives in a mutually supportive way—and what the trade-offs in using one or more of these responses may be. By expanding the understanding of international responsibilities, Mills provides critical analysis of the possibilities for the international community to respond to humanitarian crises.
International Responsibility and Grave Humanitarian Crises: Collective Provision for Human Security (Global Politics and the Responsibility to Protect)
by Hannes PeltonenThis book examines responsibility in grave humanitarian crises, focusing on the international community's collective responsibility to take action in such cases as genocide or ethnic cleansing. The idea of collective responsibility highlights how we would like to see the global level primarily as something more akin to a community of peoples, rather than as a society of states in which other international and transnational actors operate. Since the acceptance of human rights, and in view of the atrocities of the Holocaust and other genocides, we have realized that some things concern us all: a realization that has led to the development of the responsibility to protect (R2P) framework. This book focuses on understanding the international community and its collective responsibility. Unlike the research frameworks put forward in other publications on this topic, the research model developed here does not distribute the collective responsibility to particular actors; instead, it sets out how the burden should be divided among those actors responsible in order to protect human security on a global scale. This book will be of interest to students of humanitarian intervention, the responsibility to protect, international law, peace and conflict studies, and international relations in general.
International Rule of Law and Professional Ethics (Law, Ethics And Governance Ser.)
by Vesselin PopovskiThis book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.
International Sales Law: A Guide To The Cisg
by Christiana Fountoulakis Ingeborg SchwenzerWritten for international trade lawyers, practitioners and students from common law and civil law countries, this casebook will help practitioners and students assimilate knowledge on the CISG. The cases, texts and questions aid readers in their comparative law and international sales law studies, drawing attention to the particular issues surrounding specific CISG provisions and provoking careful consideration of possible solutions. In addition to this book’s function as a didactical aid, it is a reference work for leading cases and an introduction to the individual problem areas. In particular, it acts as a preparatory and complementary work for the Willem C. Vis International Commercial Arbitration Moot.
International Sanctions and Human Rights
by Pavel ŠturmaThe word "sanctions" is currently used more than ever before not only in the media, political statements, but also in legal discourse. Apart from this very widely cited term, European Union documents tend to refer also to "restrictive measures" while international law parlance embraces the concept of "countermeasures" (being the modern equivalent of peaceful reprisals from the point of view of general customary international law), i.e. individual coercive measures, or "security measures", which is a term used in some treaties. Sanctions or measures, whatever they are called, are a necessary and legitimate response to Russian aggression in Ukraine in the current situation. However, this does not rule out certain legal problems. The nature of these measures must be assessed in the light of international law. From this point of view, finding answers to the following questions is essential. Is the content of these measures generally consistent or contrary to the rules of international law? Who is authorized to decide on the introduction and content of these measures? Can these measures produce extraterritorial effects? Do sanctions targeting individuals (natural and legal persons) violate their human rights (right to property, right to fair trial, etc.)? Which type of information can be used as a basis for imposing sanctions against these individuals? Are there sufficient procedural safeguards and remedies at national and international level? Can some restrictive measures be reviewed and possibly overturned by courts? Are individuals who have been wrongfully added on sanction lists entitled to any compensation?
International Sanctions in Practice: An Interdisciplinary Perspective (Routledge-Giappichelli Studies in Law)
by Clara Portela Mirko Sossai Francesco Giumelli Antonio BultriniThis book addresses key aspects relating to the use of international sanctions by assembling contributions from different fields of expertise with a view to providing readers with an interdisciplinary perspective. Unilateral or plurilateral restrictive measures, commonly referred to as “sanctions”, by States or regional organizations have been acquiring an enormous practical importance in the last decades, leading also to the institution of a European Union’s sanctioning mechanism of its own. In addition to that, the war in Ukraine, triggered by the Russian aggression, has given them an unprecedented visibility, including in the mainstream media. The matter nevertheless remains particularly complex, given its diverse implications from a legal as well as from an economic-financial point of view, and not least in a political perspective. This book follows up the workshop that was held at the University of Florence on 9-10 December 2021 and collects original contributions from promising or acclaimed, leading experts on sanctions. Each part of the book is devoted to three main themes: legality and legitimacy; extraterritorial implications; and effectiveness. These parts consist of a “dialogue” between experts from different fields. The book explores the legal basis of sanctions and how this impacts their legitimacy and the perception of their legitimacy. It considers the complex implications of the extraterritorial effects that sanctions often produce or are even intended to produce, as well as how effective they are in relation to different underlying aims. It is hardly possible to tackle such key questions through a unique disciplinary lens. This book thus represents an invitation to scholars, experts and decision-makers to adopt an interdisciplinary approach that can no longer be eluded.
International Secured Transactions Law: Facilitation of Credit and International Conventions and Instruments (Routledge Research in Finance and Banking Law)
by Orkun AkseliThis book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.
International Sports Betting: Integrity, Deviance, Governance and Policy (Routledge Research in Sport Business and Management)
by Martial Pasquier Jean-Patrick VilleneuveSports betting has become a truly global phenomenon, facilitated by new communication technologies. As a result, the development of deviances, from match-fixing to money laundering, has accelerated. This new reality has numerous implications, for both the regulation of this billion-dollar industry and the very integrity of sport, sport financing and betting operations. Written by an international team of academic researchers and industry professionals, International Sports Betting explores the central concepts of integrity and deviance, governance and policy, as well as perennial issues linked to the gambling sector, such as regulatory responsibilities and the fight against gambling addiction. Unlike other treatments of the gambling industry, the book offers a multi-disciplinary sociological and managerial critique that goes beyond a traditional focus on law and regulation. This is fascinating reading for any student, researcher or practitioner working in the areas of sport business, international business, international regulation, policy studies or gambling studies.
International Standardization and the Agreement on Technical Barriers to Trade
by Andrea Barrios VillarrealInternational Standardization and the Agreement on Technical Barriers to Trade examines the international standardization system generally, with a specific focus on some of the bodies within this system, along with their rules and procedures. It also examines - and questions - the lack of definition regarding several features related to the system, notably an international standardizing body (ISB) and international standards in the Agreement on Technical Barriers to Trade (TBT). Andrea Barrios Villarreal, who has been involved in standardization activities for more than seven years, provides a unique and in-depth analysis that will be useful to scholars, students and practitioners. This illuminating work is a welcome addition to the international economic law literature and should be read by anyone with an interest in the interaction between trade law and international standardization.
International Status in the Shadow of Empire: Nauru and the Histories of International Law (Cambridge Studies in International and Comparative Law #150)
by Cait StorrNauru is often figured as an anomaly in the international order. This book offers a new account of Nauru's imperial history and examines its significance to the histories of international law. Drawing on theories of jurisdiction and bureaucracy, it reconstructs four shifts in Nauru's status – from German protectorate, to League of Nations C Mandate, to UN Trust Territory, to sovereign state – as a means of redescribing the transition from the nineteenth century imperial order to the twentieth century state system. The book argues that as international status shifts, imperial form accretes: as Nauru's status shifted, what occurred at the local level was a gradual process of bureaucratisation. Two conclusions emerge from this argument. The first is that imperial administration in Nauru produced the Republic's post-independence 'failures'. The second is that international recognition of sovereign status is best understood as marking a beginning, not an end, of the process of decolonisation.
International Straits
by Ana G. López MartínThis book analyzes the regime of navigation in historical relation to the United Nations Convention of the Law of Sea (UNCLOS) of 10 December 1982, and then analyzes in detail the concept of international straits to arrive at a complete definition. This work examines the eight categories of straits laid out in the UNCLOS. It analyzes the right of innocent passage and the regime of transit passage, both systems of navigation in international straits, and then presents the domestic legislation and the traffic separation schemes which apply to international straits. Finally, the work includes a complete catalogue of straits with the reference to their respective UNCLOS articles.
International Tax Evasion in the Global Information Age
by David S. Kerzner David W. ChodikoffThis book provides a comprehensive analysis of the Organisation for Economic Cooperation and Development's (OECD) war on offshore tax evasion. The authors explain the new emerging regulatory regimes on the global exchange of information to combat offshore tax evasion and analyse why Automatic Exchange of Information (AEOI) is not a "magic bullet" solution. Chapters include coverage of the Foreign Account Tax Compliance Act (FATCA), AEOI and the Common Reporting Standards (CRS), and the unprecedented extra-territorial enforcement by the United States of its tax and reporting laws, including the FBAR provisions of the Bank Secrecy Act. These new legal regimes directly impact nearly all financial institutions and financial service providers in the U. S. , U. K. , EU, Canada, and each of the 132 member jurisdictions of the OECD's Global Forum, as well as 8 million U. S. expats. In light of The Panama Papers, this book offers a timely and valuable contribution on the prevalence and costs of international tax evasion for the global financial community, policy-makers, and practitioners alike.
International Taxation Law in Sports Events: An Income Tax Analysis
by Alara Efsun YazıcıoğluThis book is the first academic contribution that deals with international taxation of income sources from sports events.Using an interdisciplinary approach, with in-depth analysis of both sports law and international tax law, it is notably the first academic work to conduct a thorough analysis in the fields of international taxation of eSports, sports betting as well as illegal/unlawful income sources that may be obtained in relation to a sporting event, such as kickback payments. After describing the general methodologies of income tax and VAT from an international standpoint, defining key terms such as ‘eSports’ and ‘bidding procedure’, the book examines in detail the taxation of the services that are rendered and the goods that are sold, thereby the income obtained, in relation to an international sports event from both income tax and VAT perspectives. Also analysed are government funding in the sports sector, along with its taxation modalities, as well as specific tax exemption regulations enacted for the purposes of mega sporting events. Highlighting the absence of an acceptable level of certainty in the field of taxation of international sports events, the work makes pertinent suggestions as to the future of international sporting event taxation law.With international appeal, this comprehensive book constitutes essential reading for tax and sports law scholars.
International Taxation of Permanent Establishments
by Michael KobetskyThe effects of the growth of multinational enterprises and globalization in the past fifty years have been profound, and many multinational enterprises, such as international banks, now operate around the world through branches known as permanent establishments. The business profits article (Article 7) of the OECD model tax treaty attributes a multinational enterprise's business profits to a permanent establishment in a host country for tax purposes. Michael Kobetsky analyses the principles for allocating the profits of multinational enterprises to permanent establishments under this article, explains the shortcomings of the current arm's length principle for attributing business profits to permanent establishments and considers the alternative method of formulary apportionment for allocating business profits.
International Taxation of Trust Income: Principles, Planning and Design (Cambridge Tax Law Series)
by Mark BrabazonIn International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.