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Conceptual and Contextual Perspectives on the Modern Law of Treaties

In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.

Conceptual and Ethical Challenges of Evolutionary Medicine (Ethics of Science and Technology Assessment #53)

This book analyses the concept of disease, as defined in the context of evolutionary medicine. Upon introducing the reader to evolutionary medicine in its current form and describing its approach to disease instances, the book leverages thoughts and instruments of knowledge of epistemology, social sciences, and ethics to answer the question: “How can we build a timely and appropriate concept of disease?” At first, it looks at the social concerns of medicalization, for example focusing on the suffering of people who have not been diagnosed, or whose suffering is not caused by certain elements that falls under the definitions of disease. In turn, it merges different, both conceptual and empirical considerations in one comprehensive analysis, with the aim of fostering a multidisciplinary understanding of the phenomenon of disease. This book also highlights certain kinds of epistemic injustices that are taking place in the healthcare system, as this is currently conceived in post-industrial societies, thus offering a timely contribution to the current debate around social justice in healthcare.

Conceptualising Arbitrary Detention: Power, Punishment and Control

Available open access digitally under CC-BY-NC-ND licence This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies. Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention. Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.

Conceptualizing Copyright Exceptions in China and South Africa: A Developing View From The Developing Countries (China-eu Law Ser. #6)

This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system.The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.

Conceptualizing the Regulatory Thicket: China's Financial Markets after the Global Financial Crisis (Routledge Research in Finance and Banking Law)

This book examines the regulatory framework, regulatory objectives, regulatory logics, regulatory instruments, regulatory failures, and regulatory responses in China’s financial market after the global financial crisis. The book provides an in-depth analysis of China’s contemporary financial regulatory system, focusing on risks, regulation, and policies in practice. By drawing on public and private interest theories relating to financial regulation, the book contends that the controlled development of the banking sector, and the financial sector generally, has transformed China’s banks into more market-oriented institutions and increased public sector growth. However, China’s financial market and financial regulation have some inherent weaknesses and deficiencies. This book also offers insights into how this can be improved or adapted to minimize systemic risks in China’s financial sector. This book tries to prove that financial regulation is not just a vehicle for maintaining efficient financial markets but a primary tool through which the Chinese government achieves its political and economic objectives. More fundamentally, according to the law and finance theory, strong market and vibrant judicial systems are needed to further modernize China’s financial markets and market economy. The book will be a useful reference for anyone interested in learning from the Chinese experience.

Concessionaires, Financiers and Communities: Implementing Indigenous Peoples' Rights to Land in Transnational Development Projects

Unrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an 'enterprise-ready' attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of Indigenous peoples' rights to land? This original perspective on transnational development projects explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise.

Conciliation of Construction Industry Disputes

Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.

Concise Chinese Tort Laws (China-EU Law Series #1)

The explosive economic development in China over the last three decades has created social challenges unprecedented in the country's history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China's tort law system. Granted that some concepts or theories in China's modern tort laws were "borrowed" from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts' application of China's tort laws and the meaning of the corresponding statutes.

Concise Commentary on the Rome I Regulation

This book offers an updated article-by-article commentary of the Rome I Regulation, applicable in the courts of nearly all European countries to identify the law applicable to international contracts. The commentary is authored by an international group of academics and practitioners, who all have practical experience with international contracts and, thus, were able to focus on the needs of practice. This volume will be not only a reference guide for judges and practitioners alike, but also a crucial resource for academics and researchers.

Concise Guide To Legal Research And Writing

A clear, well-organized text for the introductory legal research and writing course, designed specifically for paralegal students, Concise Guide to Legal Research and Writing Second Edition covers legal research and legal writing in a concise and pragmatic manner and is ideal for introductory, abbreviated, or online courses.

Concise Guide To Paralegal Ethics

This concise version of Therese Cannon's highly acclaimed and successful textbook provides authoritative, concise coverage of ethical principles from the perspective of the practicing paralegal. Perfect for use in shorter courses or in substantive courses where ethics is introduced, this text delivers: current coverage of all the major areas of legal ethics, placing special emphasis on how the rules affect paralegals an authoritative presentation combined with clear and readable pedagogy each chapter begins with an overview, followed by well-written text in a well-organized format. Key terms are introduced in italics, and marginal definitions help students with terminology. Review questions, hypotheticals, and discussion questions and projects reinforce the material useful appendices that provide the text of relevant ethical codes. The Fourth Edition, thoroughly updated and polished, features:updated and new rules, cases, and narrative an exciting new section on assignments and research projects more hypotheticals in discussion questions changes in ABA Model Rules new cases in UPL, confidentiality, and conflicts Written by the highly respected legal educator, Therese Cannon, this succinct, reliable text is the ideal tool for teaching students about paralegal ethics in the real world.

Concise Guide to Legal Research and Writing (Aspen Paralegal Series)

Featuring Deborah E. Bouchoux s highly regarded assignments, examples, and building-block approach, Concise Guide to Legal Research and Writing, Fourth Edition continues to provide timely coverage of the essential research and writing skills used by today's paralegals. Designed specifically for paralegal students, this is the ideal text for shorter legal research and writing courses. <p><p> New to the Fourth Edition: <p> <p>New Sidebar feature in all research chapters provides quick tips showing how the material in that chapter applies to computer-assisted legal research systems, such as Lexis, Westlaw, and Bloomberg Law. <p>Discussion of GovInfo, which provides free public access to official and authenticated publications from all three branches of the federal government. <p>Coverage of new tools used for cite-checking, including EVA and Bestlaw. <p>Discussion of Westlaw Edge, Westlaw s new research platform. <p>Extensive new coverage of the increasing use of artificial intelligence in legal research and writing. <p>Discussion of new sources that provide free public access to the law, including Harvard's Caselaw Access Project, CourtListener, and RECAP Project. <p>New sections on preparing email letters and email memoranda, including assignments. All new Research Questions and Internet Legal Research Assignments have been included for each chapter. <p><p>Professors and students will benefit from: <p> Concise, well-organized text, divided into six main sections: <ul style="list-style-type: circle;"> <li>Section I discusses primary authorities</li> <li>Section II covers secondary sources</li> <li>Section III focuses on computer-assisted legal research using Lexis Advance, Westlaw, and the Internet</li> <li>Section IV covers citation form and how to ensure that these sources are still good law</li> <li>Section V provides an overview of the legal research process</li> <li>Section VI covers legal writing</li> </ul> <p>Pedagogy designed to enhance the accessibility of the material, including helpful charts and diagrams that synthesize complex topics, updated Practice Tips offering realistic and helpful suggestions for workplace success, and Ethics Alerts in every chapter. <p>Targeted and ample exercises help students learn how to use a wide range of research sources. <p>Tips on how to effectively use electronic resources are included throughout the text. <p>Conscientious revision ensures that the book has the most up-to-date material, presented in a readable and accessible format.

Concise Guide to Workplace Safety and Health: What You Need to Know, When You Need It

Every organization must comply with occupational health and safety regulations. Yet it is frequently unclear which actually apply in a given real-life situation, plus the field is loaded with technical terminology and complicated regulations. Many managers, trainers, even safety and health professionals therefore find it hard to know how to comply,

Concrete Cities: Why We Need to Build Differently

This accessible critique of urban construction reimagines city development and life in an era of unprecedented building. Exploring the proliferation of building and construction, Imrie sets out its many degrading impacts on both people and the environment. Using examples from around the world, he illustrates how construction is motivated by economic and political ideologies rather than actual need, and calls for a more sensitive, humane and nature-focused culture of construction. This compelling book calls for radical changes to city living and environments by building less, but better.

Concrete Construction: Practical Problems and Solutions

This book is a thorough and comprehensive update of the 2002 edition, that incorporates detailed references to the Canadian, American, and British (European) standards, contextualized by the author based on over 30 years of construction experience. In addition to updates to the core text, many new topics are presented in the second edition, including a chapter discussing the methods for achieving quality control and ensuring quality assurance in concrete construction. The book consists of two parts. The first part provides basic information about normal concrete, its grades used on sites and various kinds of modified concretes such as fiber- reinforced concrete, sulphur concrete, roller compacted concrete, high performance concrete, ultra- high performance concrete, and flowing concrete. . It further addresses physical properties of concrete and various types of Portland cement, blended cements, admixtures, additives including properties of aggregates and their influence. The second part of the book highlights the principal causes of concrete deterioration along with protective measures, resulting from incorrect selection of constituent materials, poor construction methods, external factors, chemical attack, corrosion problems, hot and cold weather effects, and the various errors in designing and detailing. Featuring an extensive bibliography of the highly adopted standards as well as manuals and journals critical to the construction industry at the end of each chapter, the volume offers readers an advanced understanding of the theory and practical application of concrete technology and international standards in North America and Britain.Addresses concrete technology as well as concrete construction practices, meeting national and international standards;Maximizes readers' understanding of the principal causes of concrete deterioration along with protective measures;Facilitates readers' grasp of different nomenclature used for the same materials in different parts of the world;Features suitable tables, charts, and diagrams that illustrate and organize useful information;Explains sustainable concrete doctrine and how to achieve it meeting green concrete / building requirements;Provides a glossary, conversion factors, and examples of concrete mix design. ·

Concrete Design (Architect's Guidebooks to Structures)

Concrete Design covers concrete design fundamentals for architects and engineers, such as tension, flexural, shear, and compression elements, anchorage, lateral design, and footings. As part of the Architect’s Guidebooks to Structures Series it provides a comprehensive overview using both imperial and metric units of measurement. Written by experienced professional structural engineers Concrete Design is beautifully illustrated, with more than 170 black and white images, contains clear examples that show all design steps, and provides rules of thumb and simple tables for initial sizing. A refreshing change in textbooks for architectural materials courses, it is an indispensable reference for practicing architects and students alike. As a compact summary of key ideas it is ideal for anyone needing a quick guide to concrete design.

Concubinage, Race and Law in Early Colonial Bengal: Bequeathing Intimacy, Servicing the Empire

This book analyzes the domestic relations which British men came to establish with native Indian women in early colonial Bengal. It provides a fresh look into the history of imperial expansion and colonial encounters by studying the large number of wills left by the British men who came in an official or economic capacity to India. It closely engages with these wills, considering them as unique personal records. These documents, where the men penned down details of their native mistresses, give a glimpse of what their lives, interpersonal relationships, household objects, and everyday affairs were like. The volume highlights how commonplace such non-marital cohabitation was and constructs the social history of these connections. It looks at issues of theft, violence, rape, bequeathment, and property rights which the women had to contend with, and also studies some of the early experiences of the mixed-race children who were a product of these relationships. A unique look into the asymmetrical but fascinating history of interracial households in early colonial Bengal, this book will be of interest to students and researchers of history, women’s studies, gender studies, colonial law, colonial travel writing, minority studies, colonialism, imperialism, and South Asian studies.

Concussion in Professional Team Sports: Time for a Harmonised Approach?

The risk of athletes sustaining concussion while participating in professional team sports raises two serious concerns both nationally and internationally.First, concussion in sport carries a public health risk, given that injured athletes may have to deal with significant long-term medical complications, with some of the worst cases resulting in Chronic Traumatic Encephalopathy (CTE).Secondly, sports governing bodies are now exposed to the risk of financial and reputational damage as a consequence of legal proceedings being filed against them. A good example of this, among many other recent examples, is the case of the United States of America’s National Football League (NFL), the governing body for American football, which, in 2015, committed to pay US$ 1 billion to settle the class action filed by its former professional players.This book examines how to most efficiently reduce these public health and legal risks, and proposes a harmonised solution across sports and legal systems.

Condemned: A Novel

A high-intensity light into the dark, dangerous corners of international drug trafficking--with a bizarre twist The rampant avarice and treachery in New York, Leningrad, Romania, and Colombia spill over from both sides of the law--with another bizarre twist. In Condemned, Colombian drug lords, Russian thugs, Mafia soldiers, street junkies, law enforcement, rampant corruption, behind-the-scenes courtroom intrigue, jail cells, luxury cars, millions in cash, and sex for drugs spin together in a tight vortex that reveals today's society repeating what President Franklin Roosevelt described as the "stupendous blunder" of Prohibition. Laws intended to eliminate or control undesirable substances have actually created an entire industry of criminality, corruption, and violence, permeating the very fibers of everyday life.

Condenas cruzadas

¡Realmente un divorcio puede ser mortal! Experimenta el suspense y el misterio de la última novela de intriga jurídica éxito en ventas, de este galardonado autor de quien los críticos comentan que es: "Uno de los mejores escritores de intriga jurídica y judicial del momento". Una esposa que se enfrenta a un divorcio contrata a un asesino a sueldo para eliminar a su marido, luego cambia de opinión y aparece asesinada, o al menos así opinan la Policía y el abogado Brent Marks, que represente al esposo. No obstante, Marks tiene dudas sobre si su cliente ha tenido o no un papel activo en ese asesinato. Los comentarios de la crítica señalan: “Pocos autores del género de la intriga jurídica y judicial dominan la escena con la creatividad con que lo hace Kenneth Eade para presentar los hechos de modo que, con la ayuda de su protagonista, Brent Marks, podamos alcanzar a entender las complejidades jurídicas que nos rodean. Como ha quedado sobradamente dicho y repetido, Kenneth Eade es uno de los escritores contemporáneos más prominentes en el ámbito del suspense jurídico y el hecho de que escriba sus novelas basándose en el panorama filosófico actual exalta el interés en su trabajo.” Grady Harp, Amazon Hall of Fame, Top 100 and Vine Voice “En particular, los aficionados al suspense jurídico y judicial (incluso los recién llegados al mundo de Brent) quedarán satisfechos y deleitados por la línea realista de la narrativa y la progresión del argumento que hacen de esta obra una excepcional lectura que atraerá incluso a los seguidores más avezados de la novela policial de investigación.” Midwest Book Review “Condenas cruzadas” ha alcanzado la cumbre en los siguientes rubros de clasificación: #1 Éxito en nuevas publicaciones de Intriga Jurídica #1 Éxito en nuevas publicaciones de Suspense en encuadernación rústica #3 Éxito en ventas en nuevas publicaciones de

Condominium Governance and Law in Global Urban Context

This book examines condominium, property, governance, and law in international and conceptual perspective and reveals this urban realm as complex and mutating. Condominiums are proliferating the world over and transforming the socio-spatial organization of cities and residential life. The collection assembles arguably the most prominent scholars in the world currently working in this broad area and situated in multiple disciplines, including legal and socio-legal studies, political science, public administration, and sociology. Their analyses span condominium governance and law on five continents and in nine countries: the United States (US), China, Australia, the United Kingdom (UK), Canada, South Africa, Israel, Denmark, and Spain. Neglected issues and emerging trends related to condominium governance and law in cities from Tel Aviv to Chicago to Melbourne are discerned and analysed. The book pursues fresh empirical inquiries and cogent conceptual engagements regarding how condominiums are governed through law and other means. It includes accounts of a wide range of governance difficulties including chronic anti-social owner behaviour, short-term rentals, and even the COVID-19 pandemic, and how they are being dealt with. By uncovering crucial cross-national commonalities, the book reveals the global urban context of condominium governance and law as empirically rich and conceptually fruitful. The book will appeal to researchers and students in socio-legal studies, law, sociology, political science, urban studies, and public administration as well as journalists, social activists, policymakers, and condo owners/board members.

Conduct and Pay in the Financial Services Industry: The regulation of individuals (Lloyd's Commercial Law Library)

Since the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA’s and PRA’s requirements. The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include: The Senior Manager, Certification and Approved Person Regimes Regulatory references and whistleblowing Disciplinary investigations, enforcement and sanctions Notifications, ‘Form C’, and fitness & propriety Bonus disputes and the Remuneration Code Conduct and Pay in the Financial Services Industry considers the full extent of an individual’s employment, from pre-contractual discussions to the post-termination clawback of remuneration. It is a vital reference for lawyers and human resources professionals working within the financial services industry, both in-house and in private practice. It will also be of interest to all academics, regulators and policy-makers involved in this sector.

Conducting Child Custody Evaluations: From Basic to Complex Issues

Covering the mental health expert's many roles as therapist, mediator, evaluator, consultant to attorneys, expert witness, and more, Philip M. Stahl's Conducting Child Custody Evaluations: From Basic to Complex Issues addresses key topics such as the best interests of the child, custody and time share, divorce and its impact on children, and children's developmental needs. From tackling the terror of testifying to critiquing your own child custody evaluations and avoiding bias inherent in this work, this practical and easy-to-read book offers comprehensive coverage vital to practitioners in this field.

Conducting Network Penetration and Espionage in a Global Environment

When it's all said and done, penetration testing remains the most effective way to identify security vulnerabilities in computer networks. Conducting Network Penetration and Espionage in a Global Environment provides detailed guidance on how to perform effective penetration testing of computer networks-using free, open source, and commercially avai

Conducting Research on Global Environmental Agreement-Making