- Table View
- List View
Resisting United Nations Security Council Resolutions (Routledge Research in International Law)
by Sufyan DroubiThe United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisation’s Charter. The Council adopts mandatory resolutions that may establish obligations for members and non-members, and such obligations trump conflicting obligations originating from any other international agreement. Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security. This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan Droubi takes a positivist approach to the UN Charter regarding it as a constitution. Special emphasis is placed on the construction of the Charter’s meaning through the practice of both organs and Members of the UN and on the need to enhance the effectiveness of the Organization with due respect to the rule of law. The book proposes that nonviolent resistance to a mandatory resolution of the Security Council, on grounds that the latter is incompatible with the Charter or jus cogens norms, may be considered lawful under the Charter if some elements are present. In exploring a number of case studies of individual and collective State resistance to mandatory Council resolutions, the book proposes that resistance may function as a rudimentary instrument of accountability and protection of the Charter and jus cogens, in the absence of more mature mechanisms of judicial review. The book will be of excellent use and interest to scholars and students of constitutional international law and international relations.
Resocialising Europe in a Time of Crisis
by Nicola Countouris Mark FreedlandTerms such as 'Social Europe' and 'European Social Model' have long resided in the political and regulatory lexicon of European integration. But arguably, with the inclusion of a 'Solidarity' chapter in the Charter of Fundamental Rights, the EU social profile has entered a deep period of crisis. The ECJ judgments exemplify the unresolved tension between the EU's strong market imperatives and its fragile social aspirations while the ongoing economic crisis and the social conditions attached to 'bail out' packages are further indication of the continuing social retrenchment of social rights. The status quo is one in which workers appear to shoulder most of the risks attendant on making and executing arrangements for the doing of work. Chapters in this book advocate a reversal of this trend in favour of fair mutualization, so as to disperse these risks and share them more equitably between employers, the state, and society at large.
The Resolution of Sovereign Debt Crises: Instruments, Inefficiencies and Options for the Way Forward
by Jeannette AbelThe insolvency of states is by no means a rare or new phenomenon. Despite this, it still seems to be widely felt that states do not go bankrupt. As of yet, there are no regulated insolvency proceedings for states. This book examines the current mechanisms for solving sovereign debt crises. It presents an analysis of their weaknesses and shows possibilities for dealing with such crises in the future. In this respect, the work focusses on crisis resolution measures at European level: the aid packages for Greece, the European Financial Stabilisation Mechanism, the European Financial Stabilisation Facility and the European Stability Mechanism. These are examined for their appropriateness as well as whether they contain elements of insolvency law. Ultimately, it explores possible insolvency proceedings for states at EU level and their implementation options.
Resolved: A Novel (A Butch Karp-Marlene Ciampi Thriller #15)
by Robert K. TanenbaumTanenbaum's done it again: Resolved is a complex, suspenseful tale of justice in the Big Apple, as a vengeful and sadistic killer sets his sights on the man who put him away -- New York Chief Assistant District Attorney Butch Karp. The fifteenth installment in Robert K. Tanenbaum's blistering New York Times bestselling series sees Karp up against one of his most frightening tests, and the stakes have never been higher. A convicted killer named Felix Tighe has escaped from prison and has vowed to hunt down and execute the NYPD detectives who arrested him years ago. But there's more -- Tighe's also planning a fight to the death with Chief Assistant District Attorney Butch Karp, the man who put him away. Felix Tighe's laser-focused, obsessive hatred of Karp has simmered during his prison confinement, where he has spent time with Feisal Abdel Ridwan, a radical Islamic fundamentalist -- and their sordid connection only fuels his loathing of Karp. Now out of prison, with an assumed identity, and dangerously seeking payback, Felix stalks Karp to the very heart of his family as he plans a demonic assault on Karp's daughter, Lucy. Rippling with action, and full of Tanenbaum's trademark twists and turns, Resolved is a must-read novel which roils with post 9-11 malevolence and searing New York scenes. As Karp faces his toughest assignment yet -- and with his fearless and complex private detective wife Marlene Ciampi at his side -- Resolved builds to an almost unbearable climax at Karp's "office," Manhattan's central courthouse.
Resolving Claims to Self-Determination: Is There a Role for the International Court of Justice? (Routledge Research in International Law)
by Andrew ColemanSince the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.
Resolving Conflicts between Human Rights: The Judge's Dilemma (Routledge Research in Human Rights Law)
by Stijn SmetUnder the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.
Resolving Disputes about Educational Provision: A Comparative Perspective on Special Educational Needs
by Sheila Riddell Neville HarrisWith contributions by recognised experts in the field of education law, this book is a comparative study of the resolution of special education disputes, including via mediation. It analyses the varying approaches in England, Scotland, the US and the Netherlands and addresses major questions of dispute resolution, redress, judicial and non-judicial approaches and the protection of citizens' rights. The first review of mediation in citizen v. state disputes outside the context of the courts, this topical book also incorporates findings from a recent ESRC study into dispute resolution in special educational needs cases. It will not only be of interest to those concerned with education issues but also those interested in administrative justice, especially the role of mediation generally
Resolving Disputes in the Asia-Pacific Region: International Arbitration and Mediation in East Asia and the West
by Shahla F. AliHow diverse cultures approach conflict in the context of the integration of global markets is a new arena for research and practice. To date, most of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of over 115 arbitrators, judges, lawyers and members of the rapidly expanding arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions. This book will be of great interest to students and scholars of international arbitration and dispute resolution, comparative and Asian law, as well as anyone dealing with potential conflict in international business relationships in East Asia.
Resolving Environmental Conflicts: Principles and Concepts, Third Edition (Social Environmental Sustainability)
by Chris Maser Lynette de SilvaResolving a conflict is based on the art of helping people, with disparate points of view, find enough common ground to ease their fears, sheath their weapons, and listen to one another for their common good, which ultimately translates into social-environmental sustainability for all generations. Written in a clear, concise style, Resolving Environmental Conflicts: Principles and Concepts, Third Edition is a valuable, solution-oriented contribution that explains environmental conflict management. This book provides an overview of environmental conflicts, collaborative skills, and universal principles to assist in re-thinking and acting toward the common good, integrates a variety of new real-world conflicts as a foundation for building trust, skills, consensus, and capacity, and explains pathways to collectively construct a relationship-centric future, fostering healthier interactions with one another and the planet. The new edition illustrates how to successfully mediate actual environmental disputes and how to teach conflict resolution at any level for a wide variety of social-environmental situations. It adds a new chapter on water conflicts and resolutions, providing avenues to healthy, sustainable, and effective outcomes and provides new examples of conflicts caused by climate change with discussion questions for clear understanding. Land-use planners, urban planners, field biologists, and leaders and participants in collaborative environmental projects and initiatives will find this book to be an invaluable resource. University students in related courses will also benefit, as will anyone interested in achieving greater social-environmental sustainability and a more responsible use of our common natural resources for themselves and their children.
Resolving Family Conflicts (The Family, Law and Society)
by Jane MurphyOver the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the contours of this paradigm shift in family conflict resolution and explores its implications for family law scholarship and practice. The interdisciplinary compilation includes contributions from lawyers, legal academics, social scientists and mental health professionals. As the articles in the volume demonstrate, the transformation in family conflict resolution holds considerable promise for disputing families, but it also raises a number of challenges. These challenges include concerns about the institutional competence of courts, the surrender of fact-finding and decision-making to individuals without legal training, the loss of autonomy and privacy for family members subject to continuing court oversight and the disjunction between problem-solving justice and authoritative legal norms. By exploring both the promise of the new paradigm and its potential pitfalls, this volume engages family law scholars and offers insights to judges, practitioners and policy makers responsible for serving families in conflict.
Resolving Intergenerational Conflicts: An Approach from Philosophy, Economics, and Experiments (Advances in Japanese Business and Economics #33)
by Toshiaki HiromitsuThis book is an unprecedented consideration of the challenges of what we can do for generations yet to come. Many growing intergenerational conflicts of interest, such as climate change and fiscal sustainability, are the result of the historically new progress of increasing human power, and the resolution of those conflicts demands a new intergenerational ethic. The book offers fresh new ideas for resolving intergenerational conflicts through the exploration of an entirely new field, conceptualized in philosophy, developed in economics, and tested in experiments. In particular, this work develops the theory of intergenerational cooperation based on a new relationship of direct reciprocity between generations. From experimental results, the possibility of intergenerational cooperation through Kantian categorical imperative is shown. The book also examines the effectiveness of inviting representatives of future generations, which are called "imaginary future generations", into the deliberations for current policy decisions. The original Japanese edition of this book was awarded the 66th Nikkei Prize for Excellent Books in Economic Science. The prize was established in 1958 to contribute to the advancement of academics and knowledge in the fields of economics, management, and accounting, as well as to its general dissemination and application.
Resolving Land Disputes in East Asia
by Hualing Fu John GillespieEconomic development and mass urbanization have unleashed unprecedented levels of land disputes in East Asia. In China and Vietnam especially, courts and other legal institutions struggle to find lasting solutions. It is against this background of legal failure that this book brings together leading scholars to understand how state agencies, land users and land developers imaginatively engage with each other to resolve disputes. Drawing on empirically rich case studies, contributors explore the limits of law and legal institutions in resolving land disputes and reveal insights into how key actors in East Asia understand land disputes. Their studies reveal promising dispute resolution practices and point to the likely ways that states will deal with land disputes in the future.
Resolving Transfer Pricing Disputes
by Eduardo Baistrocchi Ian RoxanVia a global analysis of more than 180 transfer pricing cases from 20 representative jurisdictions, Resolving Transfer Pricing Disputes explains how the law on transfer pricing operates in practice and examines how disputes between taxpayers and tax administrations are dealt with around the world. It has been designed to be an essential complement to the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, which focus on transfer pricing issues but do not refer to specific transfer pricing disputes. All of the transfer pricing cases discussed in the book are linked to the relevant paragraphs of the OECD Guidelines by means of a 'Golden Bridge', namely a table listing the cases according to the paragraphs of the Guidelines to which they refer. It therefore provides examples of the application of the Arm's Length Principle in many settings on all continents.
Resolving Water Conflicts Workbook (Social-Environmental Sustainability)
by Chris Maser Lynette De SilvaThis book works to build trust, consensus, and capacity to enhance understanding through a water conflict management framework designed to bolster collaborative skills. Built on case-studies analysis and hands-on real-life applications, it addresses issues of water insecurity of marginalized systems and communities, global water viability, institutional resilience, and the inclusion of faith-based traditions for climate action. The authors assess the complexities of climate challenges and explain how to create sustainable, effective, and efficient water approaches for an improved ecological and socioeconomic future within the UN's Sustainable Development Goals.
Resonant Violence: Affect, Memory, and Activism in Post-Genocide Societies (Genocide, Political Violence, Human Rights)
by Kerry WhighamFrom the Holocaust in Europe to the military dictatorships of Latin America to the enduring violence of settler colonialism around the world, genocide has been a defining experience of far too many societies. In many cases, the damaging legacies of genocide lead to continued violence and social divisions for decades. In others, however, creative responses to this identity-based violence emerge from the grassroots, contributing to widespread social and political transformation. Resonant Violence explores both the enduring impacts of genocidal violence and the varied ways in which states and grassroots collectives respond to and transform this violence through memory practices and grassroots activism. By calling upon lessons from Germany, Poland, Argentina, and the Indigenous United States, Resonant Violence demonstrates how ordinary individuals come together to engage with a violent past to pave the way for a less violent future.
Resource Allocation in Decentralized Systems with Strategic Agents
by Ali KakhbodThis thesis presents a significant contribution to decentralized resource allocation problems with strategic agents. The study focused on three classes of problems arising in communication networks. (C1). Unicast service provisioning in wired networks. (C2). Multi-rate multicast service provisioning in wired networks. (C3). Power allocation and spectrum sharing in multi-user multi-channel wireless communication systems. Problems in (C1) are market problems; problems in (C2) are a combination of markets and public goods; problems in (C3) are public goods. Dr. Kakhbod developed game forms/mechanisms for unicast and multi-rate multicast service provisioning that possess specific properties. First, the allocations corresponding to all Nash equilibria (NE) of the games induced by the mechanisms are optimal solutions of the corresponding centralized allocation problems, where the objective is the maximization of the sum of the agents' utilities. Second, the strategic agents voluntarily participate in the allocation process. Third, the budget is balanced at the allocations corresponding to all NE of the game induced by the mechanism as well as at all other feasible allocations. For the power allocation and spectrum sharing problem, he developed a game form that possesses the second and third properties as detailed above along with a fourth property: the allocations corresponding to all NE of the game induced by the mechanism are Pareto optimal. The thesis contributes to the state of the art of mechanism design theory. In particular, designing efficient mechanisms for the class of problems that are a combination of markets and public goods, for the first time, have been addressed in this thesis. The exposition, although highly rigorous and technical, is elegant and insightful which makes this thesis work easily accessible to those just entering this field and will also be much appreciated by experts in the field.
Resource Nationalism in International Investment Law
by Sangwani Patrick Ng’ambiForeign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.
Resource Scarcity in Austere Environments: An Ethical Examination of Triage and Medical Rules of Eligibility (Military and Humanitarian Health Ethics)
by Sheena M. Eagan Daniel MesselkenThis book focuses on resource allocation in military and humanitarian medicine during times of scarcity and austerity. It is in these times that health systems bend, break, and even collapse and where resource allocation becomes a paramount concern and directly impacts clinical decision-making. Such times are challenging and this book covers this very important, yet, scarcely researched topic within the field of bioethics. This work brings together experts and practitioners in the fields of military health care, philosophy, ethics, and other disciplines to provide analysis on a variety of related topics ranging from case studies and first-hand experiences to policy and philosophical analysis. It is of great interest to to academics, practitioners, policy makers and students who are looking for analyses and guidance regarding the fair provision of medical care and the use of medical rules of eligibility under adverse conditions.
Resource Security and Governance: Globalisation and China’s Natural Resources Companies (Routledge Studies in Corporate Governance)
by Xinting Jia Roman TomasicChina’s phenomenal economic growth in the past 30 years has witnessed the rise of its global natural resources companies. At the same time, the emerging of a middle class in China and their desire to improve living standards including better dwelling conditions, better health and nutrition, has driven strong demand in mineral resources, energy and quality food. The so called ‘socialist market economy’ in China has seen this growing demand being met partially by companies with ‘national significance’. In the resources sector, these companies are represented by companies listed in stock exchanges in China as well as globally such as in New York and London; at the same time, most of these companies are also controlled by the Chinese government. China’s resources companies have expanded overseas in search of new acquisition targets whilst seeking to extend their global reach with a focus on resource rich countries. The expansion of these companies internationally, and the unique ownership structure of these companies, has posed challenges for regulators, trading partners of these companies, investors and other interested parties seeking to understand how these companies are governed and the implications of government ownership for resource security globally. Resource Security and Governance: The Globalisation of China’s Natural Resources Companies contains case studies of the global expansion efforts of Chinese global natural resources companies; it reviews the governance structures of these companies and analyses how these have affected the inter-relationship between these companies and their trading partners, governments, regulators in targeted countries and investors globally. In addition, this book examines how the unique structure of these companies may affect resource security globally and touches on other related matters such as climate change, and air and water security in China.
Respect: An Exploration (A\merloyd Lawrence Book Ser.)
by Sara Lawrence-LightfootIn these many-layered and masterfully written portraits, Sara Lawrence-Lightfoot reaches deep into human experience -- from the drama of birth to the solemn vigil before death -- to find the essence of respect. In her moving vision, relayed through powerfully told stories, respect is not the passive deference offered by a superior but an active force that creates symmetry even in unequal relationships. The reader becomes an eyewitness to the remarkable empowering nature of respect, both given and received -- be it between doctor and patient, teacher and student, photographer and subject, and midwife and laboring mother. They will feel it in the reverent attention paid by a minister to the last moments of life and in the Harvard Law School professor's lively curiosity about his student's extracurricular lives. Through the power of her narrative, Sara Lawrence-Lightfoot ultimately makes the reader an intimate partner in her observations of respect linking these varied and intense relationships. A book to be savored and shared, Respect has the power to transform lives.
Respect and Equality: Transsexual and Transgender Rights
by Stephen WhittleFirst published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Respect and Power: The Foundations of Critical Ethics and Politics (Routledge Studies in Contemporary Philosophy)
by Roberto MordacciThis book presents a historically informed, theoretically systematic, and critically articulated theory of respect that challenges many of the presuppositions of the current debate in ethics and politics. It develops a theory of respect as the rule of power relations, which draws connections between Kant’s critical philosophy and Critical Theory.The concept of respect is the foundation of normative theory. Any human practice is subject to a judgment in terms of respect, and a comprehensive theory is needed to critically assess our individual and social practices. This book elaborates an uncommon understanding of respect through a historical reconstruction of the practices of respect and a theoretical analysis of the limits of current theories of respect. Power is the fundamental force at work in social relations, and respect is the recognition of power with a critical stance that defines how power is to be used and regulated. A close confrontation with Hannah Arendt’s and Michel Foucault’s conceptions of power offers the opportunity to clarify in which sense respect is the rule of power relations. This also helps to overcome the anthropocentric bias inherent in many theories of respect. It is important to recognize that living beings and nature possess power, and that we must acknowledge this and understand the limitations of our power over them.Respect and Power will appeal to researchers and graduate students working in moral and political philosophy, political theory, critical theory, and the social sciences.
Respect for Nature: A Theory of Environmental Ethics (Studies in Moral, Political, and Legal Philosophy #51)
by Paul W. TaylorWhat rational justification is there for conceiving of all living things as possessing inherent worth? In Respect for Nature, Paul Taylor draws on biology, moral philosophy, and environmental science to defend a biocentric environmental ethic in which all life has value. Without making claims for the moral rights of plants and animals, he offers a reasoned alternative to the prevailing anthropocentric view--that the natural environment and its wildlife are valued only as objects for human use or enjoyment. Respect for Nature provides both a full account of the biological conditions for life--human or otherwise--and a comprehensive view of the complex relationship between human beings and the whole of nature. This classic book remains a valuable resource for philosophers, biologists, and environmentalists alike--along with all those who care about the future of life on Earth. A new foreword by Dale Jamieson looks at how the original 1986 edition of Respect for Nature has shaped the study of environmental ethics, and shows why the work remains relevant to debates today.
Respect for Persons: A Philosophical Analysis of the Moral, Political and Religious Idea of the Supreme Worth of the Individual Person
by Robert (R. Downie Elizabeth TelferOriginally published in 1969, this book provides a sustained examination of the idea of the individual person as of supreme worth in the language of analytical philosophy. An important contribution to debates in moral philosophy, it will be of use to students in the philosophy of religion and education and to those who are interested in the contribution which philosophical analysis can make to the understanding of traditional moral and political ideas.
The Respectful Manager: The Guide to Successful Management
by Terry A. SheridanMany people are confused by mixed messages from their managers. About 85% of the pool of managers are malevolent, who do not care about the organisation and use the structure for their own needs of power and control. We know what a good manager looks like, but in complex social interactions within organisations this can be confused with the manipulations of the malevolent managers, from CEO to the lowest grade supervisor. The Respectful Manager: The Guide to Successful Management is about the application of the Executive Impression Management type of the Respectful Manager, derived from new ground-breaking research regarding fraudster managers. It explains clearly and precisely what a good manager looks like and behaves like with their co-workers. In this book, the foundations are laid to understand and recognise a Respectful Manager. This is critical for management training purposes and for managerial recruitment and promotion procedures. For those looking at increasing profitability, increasing competitive edge, and engaging their workforce in fulfilling work, the Respectful Manager is the key. This book is a must read for those who aspire to management roles, including senior management, as a guide to the very best practice in the field.