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Multilateral Environmental Agreements
by Bharat H. DesaiThe present study seeks to examine the genesis, development, and proliferation of multilateral environmental agreements (MEAs) - in-built law-making mechanisms and processes of institutionalization - and their ad hoc treaty-based status and the issue of the legal personality of their secretariats. It provides legal understanding of the location of MEA secretariats within an existing international host institution, as well as discussion of the issue of relationship agreements and interpretation of the commonly used language that triggers such relationships. It places under scrutiny the standard MEA phrase "providing a secretariat," delegation of authority by the host institution to the head of the convention secretariat, possible conflict areas, host country agreement, and the workings of the relationship agreements. The book offers an authoritative account of the growing phenomenon in which an existing international institution provides a servicing base for MEA that, in turn, triggers a chain of legal implications involving the secretariat, the host institution, and the host country.
Multilateralism and the United Nations Security Council: Voting, Power, and Coalition-Formation
by Madeleine O. Hosli Gabriela M. G. Bueno Katyayni Champawat Sofia Pires LopesThis edited volume aims to address the gaps in research on the United Nations (UN)'s participation in intergovernmental relationships by delving into the working mechanisms of the United Nations Security Council (UNSC). The book offers a novel overview of the voting procedures of the UNSC and related outcomes in practice; most significantly, it examines members' voting behaviour, veto power, power dynamics, and diplomatic means of sponsoring resolutions and forming coalitions in the Council. It also analyses the role of small, emerging, and regional powers inside the UNSC, alongside their trajectory into the power dynamics of this UN body. It assesses the intertwined relationship between the UN and the European Union (EU). Each chapter demonstrates the challenges and the workings of multilateralism in one of the most significant organisations for global cooperation.
Multilateralizing Regionalism
by Richard Baldwin Patrick LowRegional trade agreements (RTAs) have proliferated around the world in the past two decades, and now nearly all members of the WTO are party to at least one. Besides tariffs and rules of origin regulating trade in goods, many RTAs now include provisions on services, investments, technical barriers to trade and competition rules, as well as a host of issues not directly related to trade. The geographic reach of RTAs is expanding, with transcontinental agreements spreading forcefully alongside intra-regional agreements. 'Multilateralizing Regionalism' was the title of a major conference held from 10-12 September 2007 at the WTO in Geneva. Brought together in this publication, the conference papers achieve two things. First, they marshall detailed, new empirical work on the nature of the 'Spaghetti Bowl' and the problems it poses for the multilateral trade system. Second, they contribute fresh and creative thinking on how to 'tame the tangle' of regional trade agreements.
Multilayered Structures of International Criminal Law
by Hiromi SatoThis book discusses the multilayered legal structures concerning the regulation of crimes under international law. It covers both core crimes and other types of crime under international law, and examines relevant substantive and procedural rules alike. Pursuing such a comprehensive approach is essential to understanding the basic frameworks of international criminal law, since the varied perspectives on international crimes are connected to different systems of enforcement. Being aware of this interrelatedness is conducive to an in-depth examination of individual topics in both substantive and procedural aspects. On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law.
Multilevel Citizenship (Democracy, Citizenship, and Constitutionalism)
by Willem MaasCitizenship has come to mean legal and political equality within a sovereign nation-state; in international law, only states may determine who is and who is not a citizen. But such unitary status is the historical exception: before sovereign nation-states became the prevailing form of political organization, citizenship had a range of definitions and applications. Today, nonstate communities and jurisdictions both below and above the state level are once again becoming important sources of rights, allegiance, and status, thereby constituting renewed forms of multilevel citizenship. For example, while the European Union protects the nation-state's right to determine its own members, the project to construct a democratic polity beyond national borders challenges the sovereignty of member governments.Multilevel Citizenship disputes the dominant narrative of citizenship as a homogeneous status that can be bestowed only by nation-states. The contributors examine past and present case studies that complicate the meaning and function of citizenship, including residual allegiance to empires, constitutional rights that are accessible to noncitizens, and the nonstate allegiance of nomadic nations. Their analyses consider the inconsistencies and exceptions of national citizenship as a political concept, such as overlapping jurisdictions and shared governance, as well as the emergent forms of sub- or supranational citizenships. Multilevel Citizenship captures the complexity of citizenship in practice, both at different levels and in different places and times.Contributors: Elizabeth F. Cohen, Elizabeth Dale, Will Hanley, Marc Helbling, Türküler Isiksel, Jenn Kinney, Sheryl Lightfoot, Willem Maas, Catherine Neveu, Luicy Pedroza, Eldar Sarajlić, Rogers M. Smith.
Multilevel Governance of Global Environmental Change
by Gerd WinterOriginally published in 2006, this collection is the outcome of an interdisciplinary research project involving scholars in the fields of international and comparative environmental law, the sociology and politics of global governance, and the scientific study of global climate change. Earth system analysis as developed by the natural sciences is transferred to the analysis of institutions of global environmental change. Rather than one overarching supranational organisation, a system of 'multilevel' institutions is advocated. The book examines the proper role of industrial self-regulation, of horizontal transfer of national policies, of regional integration, and of improved coordination between international environmental organisations, as well as basic principles for sustainable use of resources. Addressing both academics and politicians, this book will stimulate the debate about the means of improving global governance.
Multilevel Protection of the Principle of Legality in Criminal Law
by Mercedes Pérez Manzano Juan Antonio Lascuraín Sánchez Marina Mínguez RosiqueThis book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.
Multilingual Law: A Framework for Analysis and Understanding (Law, Language and Communication)
by Colin D RobertsonThis book introduces and explores the concept of multilingual law. Providing an overview as to what is 'multilingual law', the study establishes a new discourse based on this concept, which has hitherto lacked recognition for reasons of complexity and multidisciplinarity. The need for such a discourse now exists and is becoming urgent in view of the progress being made towards European integration and the legal and factual foundation for it in multilingualism and multilingual legislation. Covering different types of multilingual legal orders and their distinguishing features, as well as the basic structure of legal systems, the author studies policy formation, drafting, translation, revision, terminology and computer tools in connection with the legislative and judicial processes. Bringing together a range of diverse legal and linguistic ideas under one roof, this book is of importance to legal-linguists, drafters and translators, as well as students and scholars of legal linguistics, legal translation and revision.
Multimethod Research, Causal Mechanisms, and Case Studies: An Integrated Approach
by Gary GoertzAn innovative and accessible textbook on multimethod and case-study researchMultimethod research has become indispensable to doing social science, and is essential to anyone who conducts large-scale research projects in political science, sociology, education, comparative law, or business. This authoritative and accessible book offers the first truly comprehensive approach to multimethod and case-study research, and is particularly aimed at students of qualitative methods in the social sciences.Walking step-by-step through these cutting-edge tools and techniques, Gary Goertz introduces a new integrated approach that unites three corners of a powerful research triad—causal mechanisms, cross-case causal inference, and within-case causal inference. He explains how the investigation of causal mechanisms and the making of within-case causal inference are the central goals of multimethod and case study research, and provides a logic for connecting case studies and causal mechanism analysis with cross-case analysis, whether they are statistical analyses, experiments, or QCA. In addition, Goertz analyzes how one can generalize using case studies, as well as systematically test game-theoretic and other models using multiple case studies.Provides a fully integrated approach to multimethod and case-study researchAn essential resource for students and researchers in political science, sociology, education, law, and businessCovers constraint causal mechanism, game theory and case studies, QCA, and the use of case studies to systematically test and generalize theoriesAn ideal textbook for a first-year graduate course in methods or research design
Multimodal Transport Law
by Michiel SpanjaartAn accessible introduction to multimodal contracts of carriage, Multimodal Transport Law works from general principles toward specific, technical problems. Adopting an international approach, it addresses such key topics as: Contracts of carriage Transport documents The parties to a contract of carriage International conventions on the carriage of goods Multimodal situations covered by unimodal conventions Conflict of laws The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Providing a close examination of the relevant rules, regulations and case law, this is essential reading for law students, useful for claims handlers and practitioners, and of interest for academics and legislators seeking a better appreciation of multimodal contracts of carriage.
Multinational Corporations and Global Justice: Human Rights Obligations of a Quasi-Governmental Institution
by Florian WettsteinMultinational Corporations and Global Justice: Human Rights Obligations of a Quasi-Governmental Institution addresses the changing role and responsibilities of large multinational companies in the global political economy. This cross- and inter-disciplinary work makes innovative connections between current debates and streams of thought, bringing together global justice, human rights, and corporate responsibility. Conceiving of corporate social responsibility (CSR) from this unique perspective, author Florian Wettstein takes readers well beyond the limitations of conventional notions, which tend to focus on either beneficence or pure charity. While the call for multinationals' involvement in the solution of global problems has become stronger in recent times, few specifics have been laid down regarding how to hold those institutions accountable in the global arena. This text attempts to work out the normative basis underlying the responsibilities of multinational corporations—thereby filling a crucial void in the literature and marking a milestone in the CSR debate.
Multinational Corporations in West Africa: Building Decentralized Partnerships (Routledge Research in Business and Economics in Africa)
by Souleymane DoumbiaThis book investigates the relationship that Multinational Corporations form with Local Authorities and governments in West Africa. It argues that informal partnerships at the local level can provide significant socioeconomic benefits to communities and overcome shortfalls in state provision of infrastructure and collective goods and services. Drawing on in-depth case studies in Niger, Ghana and Liberia, the book demonstrates that Decentralized Partnerships benefit from lower transaction costs while maintaining profitability and investment protection, whereas in formal relationships between multinationals and local government, asset specificity and uncertainty are high. By complying with informal rules, which are in many ways just as restrictive as formal rules, Multinational Corporations can adapt and acculturate themselves, become actors of territorial authorities and can get around the incompleteness of the contract that binds them to the state. Reflecting on a range of local projects (educational, infrastructural, health, micro-financial, entrepreneurial), this book provides a rich and detailed assessment of the interactions between Local Authorities and Multinational Firms. The book will be useful to upper-level students and researchers across the fields of economics, business, sociology, anthropology and African studies as well as to development practitioners and regional and international organizations with interest in the functioning of Multinational Corporations in local environments.
Multinational Enterprises and Transparent Tax Reporting (Routledge Studies in Accounting)
by Alexandra Middleton Jenni MuttonenThis book examines tax transparency as part of multinational enterprises’ corporate social responsibility (CSR). It considers revelations like the Panama and Paradise Papers that shed light on corporations’ tax practices and the growing public dissatisfaction, resulting in legislative projects, such as the Organisation for Economic Co-operation and Development (OECD) base erosion and profit shifting. Tax transparency is defined as companies’ voluntary disclosure of numerical tax data (e.g. taxes paid by country) and other tax-related information (e.g. tax policies). It is set apart from tax avoidance and tax evasion to clarify the often-blurred concepts.In this book, tax transparency is placed in a historical context and possible drivers and hindering factors to tax transparency are investigated. Tax transparency is discussed in the light of socio-economic theories (stakeholder, legitimacy, institutional theory and reputation risk management), as well as economic theories (agency theory, signalling, proprietary costs) and information overload theory. The book provides examples of tax transparency development of the largest multinational enterprises in five countries (France, Germany, UK, Finland and USA) in six years, 2012–2017, a period featuring increased media coverage of tax matters and legislative movement in the OECD and the European Union. The future of tax transparency is discussed in light of quality characteristics, assurance of information and potential use of artificial intelligence.Companies’ managers and tax and CSR specialists benefit from the book by gaining insight into how to design transparent, high-quality tax reporting. Assurance professionals can use information about the quality criteria of tax transparency. Regulators can track historical development and see examples of voluntary tax transparency in companies’ reporting. Scholars and students obtain theoretical framework for analysing the tax transparency phenomenon and the ability to distinguish between the concepts of tax transparency, planning, avoidance and evasion.
Multinationals and the Constitutionalization of the World Power System (Globalization: Law and Policy)
by Jean-Philippe Robe Antoine Lyon-Caen Stéphane VernacThis collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. <P><P>The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. <P><P>The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.
Multiparty and Linked Contracts, Transport Logistics and the Uniform Transport Law: Legal Solutions for Co-operation in Cargo Bundling (Contemporary Commercial Law)
by Marta K. KołaczThis book introduces legal aspects of business networks in logistics with the example of shippers’ co-operation in cargo bundling, which is the practice of manufacturing and distributing companies (shippers) consolidating cargo before the engagement of a carrier. Shippers agree to co-operate and to detect cargo matching opportunities before shipment. As a result, shippers can organize joint transportation, yielding significant efficiency gains in both logistics and sustainability terms. However, the current legal framework is not adapted to co-operation in cargo-bundling.This book not only clarifies the operation of laws (with the special focus on international uniform transport laws) but also provides legal solutions facilitating legal certainty in co-operation. It is the first comprehensive book on the legal aspects of shippers’ co-operation in logistics, particularly liability issues in multiparty contracts, network contracts, and long-term contracts in the international carriage of goods domain. It is also the first providing an interpretative framework for transport conventions considering new business models and new technologies. Proposals are made for solutions at regulatory levels but also for contracts, which are especially important because contractual solutions can facilitate shippers to enter co-operation and help transport orchestrators operating through online platforms to prepare standard terms and conditions. The comparative part of the text features three jurisdictions (Poland, Germany, and England), which offer readers an insight into how multiparty context in the carriage of goods operates at the crossroads of national laws and international transport conventions.This book is written for interested legal practitioners, policymakers, lobbying bodies, industry professionals (logistics, management of selling, and producing companies), and scholars. It will also broadly appeal to those dealing with sustainable logistics and concepts such as sharing economy in logistics.
Multiple Objective Analytics for Criminal Justice Systems (Emerging Operations Research Methodologies and Applications)
by Gerald W. EvansCriminal justice systems are complex and difficult to design and operate. This is due to their many interacting parts, and their dynamic and probabilistic nature, as well as their interfaces with other systems. This book reviews the use of analytics to address issues in criminal justice system and discusses the various sources of data associated with the systems. This book is meant to be used by those who would like 1) an introduction to criminal justice systems and 2) an illustration of how some of the various methodologies of analytics can be used to address specific issues in criminal justice systems. This book will be of interest to faculty, students, and researchers in schools/departments of criminal justice, law, public affairs, political science, industrial engineering, and management. In addition, the book should be of use to government analysts who study the effects of criminal programs and laws.
Multiple Perspectives in Risk and Risk Management: ERRN 8th European Risk Conference 2018, Katowice, Poland, September 20-21 (Springer Proceedings in Business and Economics)
by Philip Linsley Philip Shrives Monika Wieczorek-KosmalaThis proceedings book presents a multidisciplinary perspective on risk and risk management. Featuring selected papers presented at the European Risk Research Network (ERRN) 8th European Risk Conference “Multiple Perspectives in Risk and Risk Management” held in Katowice, Poland, it explores topics such as risk management systems, risk behaviors, risk culture, big data and risk reporting and regulation. The contributors adopt a wide variety of theoretical approaches and either qualitative or quantitative methodologies. Contemporary companies operate in a highly dynamic environment, accompanied by the constant development of the information technology, making decision-making processes highly complex and increasing the risk related to company performance. The European Risk Research Network (ERRN) was established in 2006 with the aim of stimulating cross-disciplinary research in the area of risk management. The network includes academics and industry experts from the fields of accounting, auditing, financial economics and mathematical finance. To keep the network lively and fruitful, regular “European Risk Conferences” are organized to present papers from a broad spectrum of risk and risk management areas. Featuring contributions for Italy, South Africa, Germany and Poland, this proceedings book is a valuable reference resource for students, academics, and practitioners in risk and risk management
Multiple Purpose River Development: Studies in Applied Economic Analysis (RFF Water Policy Set)
by John V. Krutilla Otto EcksteinThis book sketches out a framework for analyzing the economic efficiency of particular river basin programs. It provides a useful cross-disciplinary perspective for economists and water resource developers-especially designed to provide working material for students in applied economics for conservation curricula. Originally published in 1958.
Multiracials and Civil Rights: Mixed-Race Stories of Discrimination
by Tanya Katerí HernandezNarratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Katerí Hernández debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. The legal and political analysis is enriched with Hernández's own personal narrative as a mixed-race Afro-Latina. Coming at a time when explicit racism is resurfacing, Hernández’s look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.
Multispecies Legality: Animals and the Foundation of Legal Inclusion
by Serrin Rutledge-PriorAnimals are unfortunately an afterthought in legal systems that have been developed to adjudicate the claims of humans and corporate entities. For those of us determined to extend the scope of justice to include animals, we must ask how to reshape our legal institutions to ensure that animal interests are considered alongside those of other, existing legal subjects. In this groundbreaking work, Serrin Rutledge-Prior departs from those who have proposed to extend legal personhood to animals, which in practice has proven to be exclusionary and inconsistently applied by the courts. Instead, Rutledge-Prior offers a new principle to ground legal inclusion based on a principle of multispecies legality that extends legal subjecthood to anyone – human or nonhuman – who possess interests.
Multistate Bar Exam Lecture Handouts
by Llc. Themis™ Bar ReviewMultistate Bar Exam Lecture Handouts 2017 Edition. The material herein is intended to be used in conjunction with the myThemisPortal™ in order to provide basic review of legal subjects and is in no way meant to be a source of or replacement for professional legal advice.
Multistate Essay Exam Lecture Handouts (2017 Edition)
by Themis Bar ReviewThis Multistate Essay Exam Lecture Handouts cover: Agency, Conflict of Laws, Corporations, Family Law, Partnerships, Secured Transactions, Trusts, and Wills and Decedents' Estates.
Multistate Essay Exam Outlines (2017 Edition)
by Themis Bar ReviewMultistate Essay Exam Outlines covers: Agency, Conflict of Laws, Corporations, Family Law, Partnerships, Secured Transactions, Trusts, and Wills and Decedents' Estates.