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Transparency in International Investment Arbitration
by Euler, Dimitrij and Gehring, Markus and Scherer, Maxi and Wong, Meagan and Hadgett, Rebecca Dimitrij Euler Markus Gehring Maxi Scherer Meagan Wong Rebecca HadgettThe topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia. This commentary will be of interest to all actors involved in investment arbitrations, especially practitioners, counsels, NGOs and scholars in the fields of international law, commercial arbitration and investor-state arbitration.
Transparency in International Law
by Andrea Bianchi Anne PetersWhile its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Transparency in the WTO SPS and TBT Agreements: The Real Jewel in the Crown (Cambridge International Trade and Economic Law)
by Marianna B. KarttunenTransparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. A myriad of different regulations apply in all WTO Members and have the potential for affecting international trade. The Agreements on the Application of Sanitary and Phytosanitary measures and on Technical Barriers to Trade provide the most comprehensive frameworks in the WTO to address the costs arising from such regulatory diversity, through obligations on regulatory transparency and co-operation. This book gives a detailed account of the legal disciplines of the two Agreements, an in-depth presentation of discussions between WTO Members, and an overview of the few cases that end up in formal dispute settlement. It shows that the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with transparency enabling implementation of WTO obligations through better information sharing and co-operation among Members themselves, through non-judicial means.
Transparency, Power, and Control: Perspectives on Legal Communication (Law, Language and Communication)
by Anne Wagner Christoph A. HafnerThis book brings together academics and practitioners from a range of disciplines from more than twenty countries to reflect on the growing importance of transparency, power and control in our international community and how these concerns and ideas have been examined, used and interpreted in a range of national and international contexts. Contributors explore these issues from a range of overlapping concerns and perspectives, such as semiotic, sociolinguistic, psychological, philosophical, and visual in diverse socio-political, administrative, institutional, as well as legal contexts. The collection examines the ways in which 'actors' in our society - legislators, politicians, activists, and artists - have provoked public discourses to confront these issues.
Transparency, Society and Subjectivity: Critical Perspectives
by Emmanuel Alloa Dieter ThomäThis book critically engages with the idea of transparency whose ubiquitous demand stands in stark contrast to its lack of conceptual clarity. The book carefully examines this notion in its own right, traces its emergence in Early Modernity and analyzes its omnipresence in contemporary rhetoric. Today, transparency has become a catchword outplaying other Enlightenment values like empowerment, sincerity and the notion of a public sphere. In a suspicious manner, transparency is entangled in the discourses on power, surveillance, and self-exposure. Bringing together prominent scholars from the emerging field of Critical Transparency Studies, the book offers a map of the various sites at which transparency has become virulent and connects the dots between past and present. By studying its appearances in today’s hyper-mediated economies of information and by linking it back to its historical roots, the book analyzes transparency and its discontents, and scrutinizes the reasons why it has become the imperative of a supposedly post-ideological age.
The Transparent Leader
by Herb Baum Tammy KlingDrawing on his experience as a leader in some of the nation's largest corporations, Baum issues a convincing call for honest, ethical, "transparent" dealing throughout the business world. Baum outlines the management techniques he uses within and without the company to get outstanding results without skirting the rules or bending the truth. Baum maintains that by fostering trust, integrity and accountability at all levels within the corporation, managers can stop the erosion of employee loyalty, restore consumer trust in brands, products, and American business. Baum teaches executives fresh ways of managing Wall Street analysts, communicating with shareholders, and wading through the complex maze of social responsibility issues. As a member of six corporate boards, Baum offers unique insight into transparent leadership, including the advantages and pitfalls of corporate governance, and the pressures executives face in reporting earnings. He also discusses the importance of setting standards for ethical business practices, yet highlights the dangers of government regulations that may result in excessive compliance costs at the expense of shareholders, creative risk taking, and innovation.
Transparent Lives: Surveillance in Canada
by Colin J. Bennett Kevin D. Haggerty David Lyon Valerie Steeves"Although most Canadians are familiar with surveillance cameras and airport security, relatively few are aware of the extent to which the potential for surveillance is now embedded in virtually every aspect of our lives. We cannot walk down a city street, register for a class, pay with a credit card, hop on an airplane, or make a telephone call without data being captured and processed. Where does such information go? Who makes use of it, and for what purpose? Is the loss of control over our personal information merely the price we pay for using social media and other forms of electronic communication, or should we be wary of systems that make us visible—and thus vulnerable—to others as never before? The work of a multidisciplinary research team, Transparent Lives explains why and how surveillance is expanding—mostly unchecked—into every facet of our lives. Through an investigation of the major ways in which both government and private sector organizations gather, monitor, analyze, and share information about ordinary citizens, the volume identifies nine key trends in the processing of personal data that together raise urgent questions of privacy and social justice. Intended not only to inform but to make a difference, the volume is deliberately aimed at a broad audience, including legislators and policymakers, journalists, civil liberties groups, educators, and, above all, the reading public."
Transparenz - Die Form moralischer Ökonomie: Einführung in die Wirtschaftsethik
by Hans-Michael FerdinandDas vorliegende Buch ist das leidenschaftliche Plädoyer für die moralische Orientierung der ÖkonomieEs geht aus von der aristotelischen Forderung an ökonomisches Handeln, ein gutes Leben zu ermöglichen. Die dadurch erzeugte enge Verbindung von Ethik und Ökonomie ist seit der Aufklärung im Namen einer falsch verstandenen Freiheit nach und nach verloren gegangen bzw. aufgegeben worden – zugunsten eines mathematisch-mechanischen Funktionsverständnisses der Wirtschaft, in dem für moralisches Handeln kaum Platz bleibt. Auch die Politik scheint heute ihren Einfluss auf die Ökonomie zu reduzieren und übt sich in „marktkonformem“ Handeln. Die Kritik an dem dafür ursächlichen neoliberalen Programm führt zur Begründung einer moralischen Ökonomie, die den aristotelischen Gedanken der Lebensdienlichkeit mit der Wucht der neuzeitlichen Freiheitsidee verbindet, wie sie vor allem in der Tradition von Immanuel Kant vertreten wurde. Öffentlicher Vernunftgebrauch und Transparenz von Entscheidungen werden als die wesentlichen Formanforderungen einer solchen moralischen Ökonomie aufgewiesen.Das Buch bietet durch fünf thematische Schwerpunkte eine umfassende Einführung in die Wirtschaftsethik: Ökonomisches Handeln und MoralÖkonomik – Werkzeug zum guten Leben Kritik der ökonomischen Moral Eine moralische Ökonomie Transparenz – Form moralischer Ökonomie
Transport Documents in Carriage Of Goods by Sea: International Law and Practice (Maritime and Transport Law Library)
by Časlav PejovićBringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship’s delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.
Transport Law on Passenger Rights (IMLI Studies in International Maritime Law)
by Marko PavlihaEurope and also the rest of the world has experienced a boom in mobility over the last thirty years. In light of the protection of increasing number of consumers – passengers it is almost logical that during the past few decades, international and European transport law has developed almost to revolutionary extent, especially in the field of private aviation (air) law with the introduction of unlimited liability of carriers for death and injury of passengers and commendable sophisticated rights in case of denied boarding, cancellation of flights and long delays. This book will cast light through a critical prism on the most important characteristics of the international transport law, the EU legislation and jurisprudence regarding passenger rights during the carriage by air, sea, rail and road. One of the ideas which, however, needs further research is that the commendable legal solutions and experience of the EU can serve as an excellent framework for a new holistic international convention on passengers rights in all transport modes.
Transportrecht - Schnell erfasst: Schnell Erfasst (Recht - schnell erfasst)
by Thomas WieskeÜbersichtlich strukturiert und prägnant zusammengefasst, vermittelt der Band die Grundlagen des Transportrechts: vom deutschen Gütertransportrecht über das Speditions-, Umzugs- und Lagerrecht bis zu den internationalen Regelungen des Transportrechts. Die wichtigsten gesetzlichen Normen werden im Wortlaut vorgestellt, verständlich kommentiert und in Schaubildern und Übersichten zusammenfassend dargestellt. Auch die nationalen und internationalen Speditionsbedingungen finden Berücksichtigung.
Trap (A Butch Karp-Marlene Ciampi Thriller #27)
by Robert K. Tanenbaum“The pace is fast, the courtroom scenes make you feel like you’re there” (Kirkus Reviews)—a devastating deadly explosion sets a breakneck tone that never lets up in New York Times bestselling author Robert K. Tanenbaum’s action-packed Butch Karp legal drama.A tremendous fatal blast rocks a book-signing event where supporters have gathered to see the inspirational leading advocate for New York City charter schools, a Holocaust survivor. A neo-Nazi is the prime suspect, but District Attorney Butch Karp believes the hate crime may be a cover-up for a more sinister plot. The treacherous teacher’s union president has long been furious at the unqualified successes of the charter school movement, which threatens to expose his corrupt practices—manipulation and misappropriation of union funds and, now, possibly even murder. But is there another motive behind the attack that could derail the case? How will Karp discover the set-up, and can he do so in time to bring justice? This exciting legal thriller ends in a dramatic courtroom showdown that proves New York Times bestselling author Robert K. Tanenbaum is always at the top of his game.
Trapped in a Maze: How Social Control Institutions Drive Family Poverty and Inequality
by Leslie PaikTrapped in a Maze provides a window into families' lived experiences in poverty by looking at their complex interactions with institutions such as welfare, hospitals, courts, housing, and schools. Families are more intertwined with institutions than ever as they struggle to maintain their eligibility for services and face the possibility that involvement with one institution could trigger other types of institutional oversight. Many poor families find themselves trapped in a multi-institutional maze, stuck in between several systems with no clear path to resolution. Tracing the complex and often unpredictable journeys of families in this maze, this book reveals how the formal rationality by which these institutions ostensibly operate undercuts what they can actually achieve. And worse, it demonstrates how involvement with multiple institutions can perpetuate the conditions of poverty that these families are fighting to escape.
Trapped in a Vice: The Consequences of Confinement for Young People
by Alexandra CoxTrapped in a Vice explores the consequences of a juvenile justice system that is aimed at promoting change in the lives of young people, yet ultimately relies upon tools and strategies that enmesh them in a system that they struggle to move beyond. The system, rather than the crimes themselves, is the vice. Trapped in a Vice explores the lives of the young people and adults in the criminal justice system, revealing the ways that they struggle to manage the expectations of that system; these stories from the ground level of the justice system demonstrate the complex exchange of policy and practice.
Trapped With Ms. Arias: Part 1 of 3 From Getting The File To Being Ready for Trial (Trapped With Ms. Arias)
by L. Kirk NurmiMost people became interested in the State of Arizona v. Jodi Arias January 2, 2013, when opening statements were delivered. Over time that interest became a media sensation and a world-wide phenomenon. However, as her attorney I know that what you saw at trial is only part of the story. Have you ever wondered what happened before the trial began, what it was like to deal with Ms. Arias when the cameras were not rolling? In this book I detail for the reader what happened before the case began, what happened before the cameras were on. I detail the things that you do not know, things that will describe my reality, the reality that I was "Trapped with Ms. Arias."
“Trash,” Censorship, and National Identity in Early Twentieth-Century Germany
by Kara L. RitzheimerConvinced that sexual immorality and unstable gender norms were endangering national recovery after World War One, German lawmakers drafted a constitution in 1919 legalizing the censorship of movies and pulp fiction, and prioritizing social rights over individual rights. These provisions enabled legislations to adopt two national censorship laws intended to regulate the movie industry and retail trade in pulp fiction. Both laws had their ideological origins in grass-roots anti-'trash' campaigns inspired by early encounters with commercial mass culture and Germany's federalist structure. Before the war, activists characterized censorship as a form of youth protection. Afterwards, they described it as a form of social welfare. Local activists and authorities enforcing the decisions of federal censors made censorship familiar and respectable even as these laws became a lightning rod for criticism of the young republic. Nazi leaders subsequently refashioned anti-'trash' rhetoric to justify the stringent censorship regime they imposed on Germany. Examines the connections between youth protection, social welfare, and censorship in late Imperial and Weimar Germany. Locates Weimar Germany's two censorship laws in post-war anxieties about gender and the new constitution's prioritization of social rights over legal rights. Uses anti-'trash' campaigns to examine national identity in late Imperial and Weimar Germany.
Trash Animals: How We Live with Nature’s Filthy, Feral, Invasive, and Unwanted Species
by Kelsi Nagy Phillip David Johnson IIWhy are some species admired or beloved while others are despised? An eagle or hawk circling overhead inspires awe while urban pigeons shuffling underfoot are kicked away in revulsion. Fly fishermen consider carp an unwelcome trash fish, even though the trout they hope to catch are often equally non-native. Wolves and coyotes are feared and hunted in numbers wildly disproportionate to the dangers they pose to humans and livestock. In Trash Animals, a diverse group of environmental writers explores the natural history of wildlife species deemed filthy, unwanted, invasive, or worthless, highlighting the vexed relationship humans have with such creatures. Each essay focuses on a so-called trash species—gulls, coyotes, carp, cockroaches, magpies, prairie dogs, and lubber grasshoppers, among others—examining the biology and behavior of each in contrast to the assumptions widely held about them. Identifying such animals as trash tells us nothing about problematic wildlife but rather reveals more about human expectations of, and frustrations with, the natural world. By establishing the unique place that maligned species occupy in the contemporary landscape and in our imagination, the contributors challenge us to look closely at these animals, to reimagine our ethics of engagement with such wildlife, and to question the violence with which we treat them. Perhaps our attitudes reveal more about humans than they do about the animals. Contributors: Bruce Barcott; Charles Bergman, Pacific Lutheran U; James E. Bishop, Young Harris College; Andrew D. Blechman; Michael P. Branch, U of Nevada, Reno; Lisa Couturier; Carolyn Kraus, U of Michigan–Dearborn; Jeffrey A. Lockwood, U of Wyoming; Kyhl Lyndgaard, Marlboro College; Charles Mitchell, Elmira College; Kathleen D. Moore, Oregon State U; Catherine Puckett; Bernard Quetchenbach, Montana State U, Billings; Christina Robertson, U of Nevada, Reno; Gavan P. L. Watson, U of Guelph, Ontario, Canada.
Trauma and Juvenile Delinquency: Theory, Research, and Interventions
by Ricky GreenwaldLearn how and why trauma is relevant to juvenile delinquency-and what to do about it! This groundbreaking book addresses the connection between childhood trauma and juvenile delinquency. Trauma and Juvenile Delinquency: Theory, Research, and Interventions begins with two chapters presenting theoretical models of the relationship between trauma and the development/persistence of antisocial behavior. Another chapter addresses trauma-related assessment issues for juveniles, and several chapters present cutting-edge research on various aspects of the relationship between trauma and delinquency. Finally, several chapters focus on theory-based and empirically supported trauma-focused therapeutic interventions for juvenile delinquents. No other single source provides such breadth and depth of coverage on this topic! From the editor: "Disruptive behavior disorders are by far the largest type of mental health referral for children and adolescents, while juvenile crime and violence continue to be major social concerns. Several bodies of literature have converged to suggest that trauma is more than incidental to the problem of juvenile delinquency, it contributes to the problem." Trauma and Juvenile Delinquency: Theory, Research, and Interventions explores: how trauma relates to conduct disorder the connection between traumatic victimization and oppositional/defiance problems ways to assess PTSD in adolescents how exposure to violence, delinquent activity, and posttraumatic stress symptomatology are related the unique trauma histories of incarcerated girls and the problems they have adjusting to life within the juvenile justice system how to develop group therapy services for incarcerated male juvenile offenders with PTSD This valuable book also examines the effectiveness of EMDR (Eye Movement Desensitization and Reprocessing) for boys with conduct problems, MASTR (Motivation - Adaptive Skills - Trauma Resolution) for teens with school-related problems, and CPT (Cognitive Processing Therapy) for juvenile delinquents with post-traumatic stress disorder.
Trauma and Resilience in the Criminal Justice System
by Denise Leifker Carolyn DallingerTrauma and Resilience in the Criminal Justice System will help criminal justice practitioners and students develop skills to be the most effective professionals possible by increasing awareness and pointing out places for empathy and change. Readers will examine the enforcement, court, and correctional systems to determine where trauma plays a destructive part. From the point of view of police, detectives, judges, jurors, attorneys, correctional and probation officers, prisoners, and others, the reader will learn the potentially harmful and sometimes devastating impacts of trauma. Readers will also learn from practicing criminal justice officials some potentially impactful actions they can take to build resilience. This book could lead to new perspectives and methods in improving the future of the criminal justice system.
Trauma-informed Criminal Justice: Towards a More Compassionate Criminal Justice System
by Katherine J. McLachlanThis book is the first to examine trauma-informed criminal justice responses to the commission of crime and its impact through empathy and humanity. Trauma-informed criminal justice uses compassion to achieve a safer community for everyone. There are three parts: the first examines how adversity, trauma and crime are related. The second focuses on trauma-informed criminal justice responses to people who have offended, victims of crime, and professionals at risk of vicarious trauma. The third focuses on trauma-informed sentencing and compassionate justice through therapeutic jurisprudence and judicial empathy. Each chapter is designed to be a stand-alone resource.
Trauma-Informed Evangelism: Cultivating Communities of Wounded Healers
by Charles Kiser Elaine Heath&“We are at the forefront of a new reformation.&” So declares Elaine Heath in Trauma-Informed Evangelism, aiming to recover the God of love from the structures of hate that pervade Christian communities in America today. In their new guide, she and Charles Kiser work toward bringing this reformation to fruition through ministering specifically to the spiritually traumatized. Over the course of their study, Kiser and Heath amplify the voices of those who suffered misogynistic, racist, or homophobic abuse at the hands of the church. While carefully listening to these stories, Kiser and Heath bring them into conversation with the passion and resurrection of Jesus. Engaging with womanist and liberation theology, they see in the crucifixion a God who does not valorize suffering but shares the experience of the traumatized. Ultimately, this theodicy leads them to propose a new evangelism—one based not on fear and coercion but on witnessing the unconditional love of God. Timely, theologically informed, and eminently practical, Trauma-Informed Evangelism will serve as a formative guide for church leaders and students seeking to aid trauma survivors in their communities. Discussion questions conclude each chapter.
Traumatic Brain Injury: Methods for Clinical and Forensic Neuropsychiatric Assessment,Third Edition
by Robert P. Granacher Jr. Daryl B. LundTraumatic Brain Injury: Methods for Clinical and Forensic Neuropsychiatric Assessment, Third Edition provides physicians and psychologists with a scientifically based schema for the clinical evaluation of traumatic brain injury (TBI). The book assists physicians and psychologists in developing treatment plans for patients who have sustained TBIs an
Traumatic Brain Injury: Science, Practice, Evidence and Ethics
by Stephen Honeybul Angelos G. KoliasThis book provides a comprehensive analysis of the contemporary management of all aspects of traumatic brain injury (TBI), combining the findings of several recent randomised controlled trials investigating the role of hypothermia, erythropoietin, intracranial pressure monitoring and decompressive craniectomy in the management of TBI. The book is divided into four sections: the first section covers the epidemiology of TBI, the changing global patterns of presentation, and the basic pathophysiology and classification, while the second discusses contemporary management of TBI, from pre-hospital care, emergency assessment, and medical and surgical management to rehabilitation and social reintegration. The third section then examines the evidence gained from recent clinical trials that have investigated the efficacy of management strategies involving intracranial pressure monitoring, multimodal monitoring, hypothermia, erythropoietin, thromboembolic prophylaxis and decompressive craniectomy. Lastly, the fourth section explores the ethical issues, both at the societal level and on an individual basis. Written by a broad range of experts, this book provides a valuable reference resource for neurosurgeons, intensivists, clinicians with ethical experience and pure bioethicists in their daily work.
Traumatic Divorce and Separation: The Impact Of Domestic Violence And Substance Abuse In Custody And Divorce
by Lisa Fischel-WolovickTraumatic Divorce and Separation integrates the conflicting mental health perspectives concerning trauma theory and the study of divorce, in what the author has termed "traumatic divorce" -- that is, divorce complicated by the high-risk factors of domestic violence, mental illness, and/or substance abuse. The text's interdisciplinary discussion examines issues of financial disparities for women following divorce, traumatic symptoms in children and adults, and the legal controversies about the admissibility of psychological theories related to abuse. The author also addresses: domestic violence as a gendered crime against women; the need for a trauma-informed judicial response; and the need for a systemic judicial response that incorporates an understanding of domestic violence and child maltreatment to provide services and protections. The book is an invaluable resource for professionals and academics in social work, forensic psychology, law, and related mental health fields, as well as academics interested in gender based discrimination in the courts.
Traumatised Witnesses in International Criminal Trials: Testimony, Fair Proceedings, and Accurate Fact-Finding
by Suzanne SchotThis book focuses on the testimonial evidence of traumatised witnesses in trials of international crimes, which deal with acts of genocide, war crimes and crimes against humanity. Such trials often involve the testimonies of those who experienced or witnessed extremely traumatic events, which can make it hard for these witnesses to recall specific details. Testifying during trial may in itself also pose challenges to their well-being. Yet the legal process of determining whether someone can be held criminally responsible for the alleged crimes needs to be fair, in accordance with the right to a fair trial of the accused, and the facts need to be determined as accurately as possible. This book argues that to ensure fair and accurate fact-finding when in particular traumatised witnesses testify, a balance needs to be struck between the needs of witnesses who testify about traumatic experiences, the fair trial rights of the accused and the objective of the court to establish as accurately as possible the responsibility of the accused. This is crucial throughout the stages of selecting, preparing, presenting and assessing the testimonial evidence of traumatised witnesses. The methodology involves an analysis of transcripts of proceedings and case law of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court and Dutch courts prosecuting international crimes. The research demonstrates that it is often difficult to strike a balance between the competing objectives during proceedings when traumatised witnesses testify due to the current lack of regulations and guidelines applicable during investigations and prosecutions. This book shows that this balance can, and should, be achieved when traumatised witnesses testify during criminal proceedings for international crimes. The work is an invaluable resource for researchers, academics and practitioners in criminal law, criminology, legal psychology, legal psychiatry, social anthropology and forensic sciences.