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Forum: Past, Present, and Future (Studies in Private International Law)
by Ardavan ArzandehThe forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London's pre-eminence as a centre for international commercial litigation has led to its frequent deployment in proceedings where parties disagree over where a case should be heard. The doctrine's significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine's past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine's historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book's ultimate objective is to act as an authoritative and comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally.
Forum: Past, Present, and Future (Studies in Private International Law)
by Ardavan ArzandehThe forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London's pre-eminence as a centre for international commercial litigation has led to its frequent deployment in proceedings where parties disagree over where a case should be heard. The doctrine's significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine's past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine's historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book's ultimate objective is to act as an authoritative and comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally.
Economic Sanctions in International Law and Practice (Routledge Advances in International Relations and Global Politics)
by Masahiko AsadaProviding perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.
Economic Sanctions in International Law and Practice (Routledge Advances in International Relations and Global Politics)
by Masahiko AsadaProviding perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.
The Legal Significance of the Declarations of the General Assembly of the United Nations
by Obed Y. AsamoahMr. Asamoah's book is concerned with an area of growing importance in the evolution of contemporary international law. The traditional division of the sources of International law into custom and treaties has already been supplemented in Article 38 of the Statute of the International Court of Justice by the "general principles of law re cognized by civilized nations" and-as subsidiary sources, the judicial decisions and the teachings of highly qualified publicists. But in order to cope with the diversity of international law in our time, we have to look to a far greater variety of sources of international law, and we shall have to recognize that, in accordance with the many-sided character of international law, these sources may vary greatly in intensity. In recent years, Declaratory Resolutions of the General Assembly have been much concerned with the general princi ples of international law. Sometimes these Declarations are interpre tations of the Charter and other instruments; sometimes they are evi dence of state practice and a developing customary international law ; sometimes they formulate new principles which, in some cases will eventually lead to international treaties or new custom, or in other cases will be accepted as authorative statements of international legal principles, in circumstances where a formal treaty cannot be attained. There are many reasons--often of an internal character-which prevent the conclusion of a treaty but not the acceptance of the principles contained in it.
A Feminist Companion to the Posthumanities
by Cecilia Åsberg Rosi BraidottiThis companion is a cutting-edge primer to critical forms of the posthumanities and the feminist posthumanities, aimed at students and researchers who want to catch up with the recent theoretical developments in various fields in the humanities, such as new media studies, gender studies, cultural studies, science and technology studies, human animal studies, postcolonial critique, philosophy and environmental humanities. It contains a collection of nineteen new and original short chapters introducing influential concepts, ideas and approaches that have shaped and developed new materialism, inhuman theory, critical posthumanism, feminist materialism, and posthuman philosophy. A resource for students and teachers, this comprehensive volume brings together established international scholars and emerging theorists, for timely and astute definitions of a moving target – posthuman humanities and feminist posthumanities.
The Double-Edged Helix: Social Implications of Genetics in a Diverse Society
by Adrienne Asch Jon Beckwith Peter Conrad Lisa N. Geller Catherine Ard Joseph S. Alper Joseph S. AlpertThe Double-Edged Helix explores the impact of recent genetic discoveries on both different population segments and society as a whole. The authors address the medical and ethical implications of the new technologies, outlining potential positive and negative effects of genetic research on minorities, individuals with disabilities, and those of diverse sexual orientations. Presenting a wide array of perspectives, this book emphasizes the need to ensure that research into genetics research does not result in discrimination against people on the basis of their DNA.
Die Margin of Appreciation: Entwurf einer Dogmatik monokausaler richterlicher Zurückhaltung für den europäischen Menschenrechtsschutz (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #267)
by Josephine AscheDas Buch untersucht mit der Margin of Appreciation eine der bekanntesten und doch umstrittensten Rechtsfiguren der Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte.Es entwickelt eine schlüssige Kritik ihrer bisherigen dogmatischen Fassung und zugleich einen praktisch anschlussfähigen Vorschlag für eine Neuaufstellung der überkommenen Doktrin. Bestehende kritische Ansätze des bisherigen Schrifttums werden aufgearbeitet, weiterentwickelt und mit besonderer Konsequenz angewandt.Die Autorin wählt dabei einen methodischen Zugriff auf mittlerer Abstraktionshöhe, der es ermöglicht, sowohl die konkrete Rechtsprechungspraxis zu berücksichtigen, als diese auch mit abstrakten, vornehmlich demokratietheoretischen Einwänden zu konfrontieren. Durch eine radikale Reduktion derjenigen Faktoren, die nach überkommener Auffassung für Übung und Umfang richterlicher Zurückhaltung maßgeblich sind, wird die Margin of Appreciation im Ergebnis entschieden verschlankt und rationalisiert.
The Concepts of Value: Foundations of Value Theory (Foundations of Language Supplementary Series #12)
by L. AschenbrennerThe task of presenting for explicit view the store of appraisive terms our language affords has been undertaken in the conviction that it will be of interest not only to ethics and other philosophical studies but also to various areas of social science and linguistics. I have principally sought to do justice to the complexities of this vocabulary, the uses to which it is put, and the capacities its use reflects. I have given little thought to whether the inquiry was philosophical and whether it was being conducted in a philosophical manner. Foremost in my thoughts were the tasks that appeared to need doing, among them these: explicit attention was to be given to the vocabulary by means of which we say we commend,judge, appraise, or evaluate subjects and subject matters in our experience; it was to be segregated from other language at least for the purpose of study; the types of appraisive resources that are at hand in a language such as English were to be classified in some convincing and not too artificial manner; and an empirical standpoint was to be developed for a better view of appraisal, evaluation, and judging within the framework of other ways we have of responding to our surround ings such as appetition and emotion on one side and factual registering and theorizing about states of affairs on the other. Such an inquiry has never been undertaken in quite this manner before.
Future Security: 7th Security Research Conference, Future Security 2012, Bonn, Germany, September 4-6, 2012. Proceedings (Communications in Computer and Information Science #318)
by Nils Aschenbruck Peter Martini Michael Meier Jens TölleThis book constitutes the refereed proceedings of the 7th Security Research Conference, Future Security 2012, held in Bonn, Germany, in September 2012. The 78 revised full papers presented were carefully reviewed and selected from 137 submissions. The papers are organized in topical sections on supply chain and critical infrastructure protection; security situational awareness; crisis management; security for critical infrastructure and urban areas; sensor technology; social, psychological and political aspects; cyber defense and information security; maritime and border security; detection of hazardous materials; food chain security; aviation security; ergonomic aspects.
The Caspian Sea: A Quest for Environmental Security (NATO Science Partnership Subseries: 2 #67)
by William AscherThis volume is based on the presentations and deliberations of an Advanced Research Workshop (ARW) "Caspian Sea: A Quest for Environmental Security" that was held on March 15-19, 1999, in Venice (Italy). The Workshop was sponsored by the NATO's Division for Scientific and Environmental Affairs, with additional support provided by the Trust for Mutual Understanding (USA). It was organized by Duke University's Center for International Development Research with the guidance of the International Committee of scientists from Russia, United States. Georgia and Italy and organizational assistance rendered by Venice International University. The Caspian Sea region is of profound importance from the perspective of global and regional environmental security. New geopolitical and economic circumstances have created a mixture of competition. reluctant collaboration, and legal, political, economic and ideological wrangling. There is an intense debate over how the Caspian and its resources should be divided among littoral states and how these resources are to be developed. While most littoral states and the international companies strive to develop the area's immense hydrocarbon potential, it is clear that the Caspian's unique and fragile ecosystem is at risk.
Quersubventionierung zwischen gesetzlicher und privater Krankenversicherung: Quantitative Bewertung für Arztpraxen und Ableitung eines Entwicklungsszenarios (BestMasters)
by Tina AsdeckerTina Asdecker führt Berechnungen durch, die zeigen, dass im gesamten Gesundheitswesen eine Quersubventionierung der Privaten Krankenversicherung zulasten der Gesetzlichen Krankenversicherung in Höhe von aktuell rund 2 Mrd. Euro vorliegt. Im speziellen Fall der niedergelassenen Ärzte ist jedoch ein umgekehrter Effekt zu beobachten. Hier beträgt die Quersubventionierung rund 2,5 Mrd. Euro zulasten der Privaten Krankenversicherung. Basierend auf diesen Beobachtungen leitet die Autorin ein Szenario für die künftige Ausgestaltung des deutschen Gesundheitssystems ab.
From Corporate Social Responsibility to Corporate Social Liability: A Socio-Legal Study of Corporate Liability in Global Value Chains
by Anna AseevaThis book provides a critical socio-legal study that brings together the latest scholarly advances on corporate social responsibility, and, at the same time, addresses the pressing issue of corporate liability for harmful acts across the supply and production chains.Corporations have seldom been held responsible and virtually never liable for the acts of their subsidiaries and subcontractors. Actors as different as workers, investors, individual consumers, and shareholder activists claim that corporations should accept greater responsibility for communities and environments affected by their activities.The book argues that a global value chain's head corporations remain immune to any liability because of the 'economically dependent-legally independent' relationships between core corporations and their periphery suppliers and subcontractors. To tackle this problem, globally, the author acknowledges that 'we' as a society need to reduce the economic dependence as described above – which is far too excessive – by ensuring a level playing field both economically and socially. More concretely, she argues that in order to realise transnational corporate liability, 'we' as lawyers need to find a way (or ways) to establish legally effective relationships between head corporations and their economically dependent entities. Readers of this book will be able to export the concept of corporate social liability, developed in the context of value chains, and apply it to other contexts involving corporate activities where they need to tackle unrestrained corporate freedom and make global businesses responsible and socially useful.
From Corporate Social Responsibility to Corporate Social Liability: A Socio-Legal Study of Corporate Liability in Global Value Chains
by Anna AseevaThis book provides a critical socio-legal study that brings together the latest scholarly advances on corporate social responsibility, and, at the same time, addresses the pressing issue of corporate liability for harmful acts across the supply and production chains.Corporations have seldom been held responsible and virtually never liable for the acts of their subsidiaries and subcontractors. Actors as different as workers, investors, individual consumers, and shareholder activists claim that corporations should accept greater responsibility for communities and environments affected by their activities.The book argues that a global value chain's head corporations remain immune to any liability because of the 'economically dependent-legally independent' relationships between core corporations and their periphery suppliers and subcontractors. To tackle this problem, globally, the author acknowledges that 'we' as a society need to reduce the economic dependence as described above – which is far too excessive – by ensuring a level playing field both economically and socially. More concretely, she argues that in order to realise transnational corporate liability, 'we' as lawyers need to find a way (or ways) to establish legally effective relationships between head corporations and their economically dependent entities. Readers of this book will be able to export the concept of corporate social liability, developed in the context of value chains, and apply it to other contexts involving corporate activities where they need to tackle unrestrained corporate freedom and make global businesses responsible and socially useful.
High-Conflict Parenting Post-Separation: The Making and Breaking of Family Ties (The Anna Freud National Centre for Children and Families)
by Eia Asen Emma MorrisHigh-Conflict Parenting Post-Separation: The Making and Breaking of Family Ties describes an innovative approach for families where children are caught up in their parents’ acrimonious relationship - before, during and after formal legal proceedings have been initiated and concluded. This first book in a brand-new series by researchers and clinicians at the Anna Freud National Centre for Children and Families (AFNCCF) outlines a model of therapeutic work which involves children, their parents and the wider family and social network. The aim is to protect children from conflict between their parents and thus enable them to have healthy relationships across both ‘sides’ of their family network. High-Conflict Parenting Post-Separation is written for professionals who work with high-conflict families – be that psychologists, psychiatrists, child and adult psychotherapists, family therapists, social workers, children’s guardians and legal professionals including solicitors and mediators, as well as students and trainees in all these different disciplines. The book should also be of considerable interest for parents who struggle with post-separation issues that involve their children.
High-Conflict Parenting Post-Separation: The Making and Breaking of Family Ties (The Anna Freud National Centre for Children and Families)
by Eia Asen Emma MorrisHigh-Conflict Parenting Post-Separation: The Making and Breaking of Family Ties describes an innovative approach for families where children are caught up in their parents’ acrimonious relationship - before, during and after formal legal proceedings have been initiated and concluded. This first book in a brand-new series by researchers and clinicians at the Anna Freud National Centre for Children and Families (AFNCCF) outlines a model of therapeutic work which involves children, their parents and the wider family and social network. The aim is to protect children from conflict between their parents and thus enable them to have healthy relationships across both ‘sides’ of their family network. High-Conflict Parenting Post-Separation is written for professionals who work with high-conflict families – be that psychologists, psychiatrists, child and adult psychotherapists, family therapists, social workers, children’s guardians and legal professionals including solicitors and mediators, as well as students and trainees in all these different disciplines. The book should also be of considerable interest for parents who struggle with post-separation issues that involve their children.
Wrongful Enrichment: A Study in Comparative Law and Culture (International Studies in the Theory of Private Law)
by Nahel AsfourThis book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Wrongful Enrichment: A Study in Comparative Law and Culture (International Studies in the Theory of Private Law)
by Nahel AsfourThis book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Entrepreneurship, Innovation and Sustainable Growth: Opportunities and Challenges
by Nader H. Asgary Emerson A. MaccariEntrepreneurship and innovation play a vital role in fostering sustainable development. Advances in technology and communications have both transformed the process of business as well as strengthened the role of entrepreneurship in developed and developing countries. This important book is the first to provide the fundamental concepts and applications for faculty and students in this field, and also serves as a professional reference for practicing entrepreneurs and policymakers. Each chapter provides a clear guide to the conceptual and practical elements that characterize entrepreneurship and the process of new venture formation, including functional strategies in key areas such as marketing, information technology, human resources management, and accounting and finance. Questions and exercises are presented throughout in order to encourage discussion and problem-solving. A quick summary of the important concepts and definitions are also provided. Keeping practicality as the book’s core aim, all chapters include a long case study to set the scene and then draw upon shorter cases from both developing and developed countries to reinforce key learning objectives and the real-world application of the book’s core concepts.
Entrepreneurship, Innovation and Sustainable Growth: Opportunities and Challenges
by Nader H. Asgary Emerson A. MaccariEntrepreneurship and innovation play a vital role in fostering sustainable development. Advances in technology and communications have both transformed the process of business as well as strengthened the role of entrepreneurship in developed and developing countries. This important book is the first to provide the fundamental concepts and applications for faculty and students in this field, and also serves as a professional reference for practicing entrepreneurs and policymakers. Each chapter provides a clear guide to the conceptual and practical elements that characterize entrepreneurship and the process of new venture formation, including functional strategies in key areas such as marketing, information technology, human resources management, and accounting and finance. Questions and exercises are presented throughout in order to encourage discussion and problem-solving. A quick summary of the important concepts and definitions are also provided. Keeping practicality as the book’s core aim, all chapters include a long case study to set the scene and then draw upon shorter cases from both developing and developed countries to reinforce key learning objectives and the real-world application of the book’s core concepts.
Entrepreneurship, Innovation, and Sustainable Growth: Theory, Policy, and Practice
by Nader H. Asgary Emerson A. Maccari Heloisa C. Hollnagel Ricardo L.P. BuenoEntrepreneurship and innovation play a vital role in fostering sustainable development. Advances in technology and communications have both transformed the process of business and strengthened the role of entrepreneurship in developed and developing countries. This new edition of Entrepreneurship, Innovation, and Sustainable Growth provides the fundamental concepts and applications for faculty and students in this field, and also serves as a professional reference for practicing entrepreneurs and policymakers. Each chapter provides a clear guide to the conceptual and practical elements that characterize entrepreneurship and the process of new venture formation, including functional strategies in key areas such as marketing, information technology, human resources management, and accounting and finance. Updated throughout to take account of recent developments in topics such as environmental impacts, diversity and inclusion, and COVID-19, the book is a comprehensive and holistic approach to the theory, policy, and practice of entrepreneurship and innovation. Keeping practicality as the book’s core aim, all chapters include a long case study to set the scene and then draw upon shorter cases from both developing and developed countries to reinforce key learning objectives and the real-world application of the book’s core concepts. With new questions and exercises presented throughout in order to encourage discussion and problem-solving, quick summaries of the important concepts and definitions, and extensive support for lecturers and students, Entrepreneurship, Innovation, and Sustainable Growth, Second Edition, is ideal for students at undergraduate and postgraduate level.
Entrepreneurship, Innovation, and Sustainable Growth: Theory, Policy, and Practice
by Nader H. Asgary Emerson A. Maccari Heloisa C. Hollnagel Ricardo L.P. BuenoEntrepreneurship and innovation play a vital role in fostering sustainable development. Advances in technology and communications have both transformed the process of business and strengthened the role of entrepreneurship in developed and developing countries. This new edition of Entrepreneurship, Innovation, and Sustainable Growth provides the fundamental concepts and applications for faculty and students in this field, and also serves as a professional reference for practicing entrepreneurs and policymakers. Each chapter provides a clear guide to the conceptual and practical elements that characterize entrepreneurship and the process of new venture formation, including functional strategies in key areas such as marketing, information technology, human resources management, and accounting and finance. Updated throughout to take account of recent developments in topics such as environmental impacts, diversity and inclusion, and COVID-19, the book is a comprehensive and holistic approach to the theory, policy, and practice of entrepreneurship and innovation. Keeping practicality as the book’s core aim, all chapters include a long case study to set the scene and then draw upon shorter cases from both developing and developed countries to reinforce key learning objectives and the real-world application of the book’s core concepts. With new questions and exercises presented throughout in order to encourage discussion and problem-solving, quick summaries of the important concepts and definitions, and extensive support for lecturers and students, Entrepreneurship, Innovation, and Sustainable Growth, Second Edition, is ideal for students at undergraduate and postgraduate level.
Nature and Value of Vagueness in the Law (Law and Practical Reason)
by Hrafn AsgeirssonLawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague.This monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law. The aim is to give plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? It argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated.It also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism – two leading theories of legal interpretation – often complement rather than compete with each other.
Nature and Value of Vagueness in the Law (Law and Practical Reason)
by Hrafn AsgeirssonLawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague.This monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law. The aim is to give plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? It argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated.It also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism – two leading theories of legal interpretation – often complement rather than compete with each other.
Iran and the Challenge of Diversity: Islamic Fundamentalism, Aryanist Racism, and Democratic Struggles
by Ailreza AsgharzadehThis interrogates the racist construction of Aria and Aryanism in an Iranian context, arguing that these concepts gave the Indo-European speaking Persian ethnic group an advantage over Iran's non-Persian nationalities and communities.