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Development of the Constitutions in China and the Visegrad States: A Comparative Perspective
by Lu DaThis book deals with the development of constitutional law in China and Visegrad states by employing a comparative perspective. It is the first time that the researcher compared the constitutional development in the China and the Visegrad states. It offers a few glimpses of development of constitution in the (former) socialist states to readers who are interested in the constitutional law or China–V4 relations. With the increased cooperation between China and V4 countries, this book gives the undergraduates in the university to think about the BRI and 17+1 network from a Chinese perspective. Last, compared to the previous works which mainly focus on North America and/or Western Europe, this book provides a new angle on comparative constitutional law.
The Development of the Law of the Sea Convention: The Role of International Courts and Tribunals
by Øystein JensenThe UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs.
The Development of World Trade Organization Law: Examining Change in International Law
by Gregory MessengerThe World Trade Organization is a central player in international trade regulation. The rights and duties that form WTO law are not created in a vacuum, however, and there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyond the disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body. As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization. The Development of World Trade Organization Law: Examining Change in International Law examines the development of WTO law through an analysis of competing global actors, norms, and institutions. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law yet not in control of it. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law: safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.
The Development of World Trade Organization Law: Examining Change in International Law
by Gregory MessengerThe World Trade Organization is a central player in international trade regulation. The rights and duties that form WTO law are not created in a vacuum, however, and there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyond the disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body. As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization. The Development of World Trade Organization Law: Examining Change in International Law examines the development of WTO law through an analysis of competing global actors, norms, and institutions. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law yet not in control of it. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law: safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.
Development-Oriented Corporate Social Responsibility: Multinational Corporations and the Global Context
by Michael Blowfield Charlotte Karam Dima JamaliGlobalization and the professionalization of Corporate Social Responsibility (CSR) have led to a surge of CSR activities claiming to support development across the globe. In this two volume series, the chapters explore this claim through nuanced debate about the potentialities, limitations and threats of development-oriented CSR in the developing world at both the global and local levels. Volume 1 explores whether there is a genuine possibility for corporations to contribute to development through CSR activities. With corporate reach spreading into every corner of the globe, this is a timely contribution presenting cases from developing countries spanning multiple continents. It explores the multi-level and multi-stakeholder dynamics involved in shaping the complex interface between multinational corporations (MNCs) and possibilities for CSR-related development. The chapters highlight the potential for MNCs to spread best practice and complement the role of governments in bridging governance gaps and spearheading capacity building efforts. But they also highlights serious reservations, stemming from isolated assessments, limited appreciation of the complexities of context, and the permeation of a northern agenda that marginalizes local voices.Within the larger debate on the merits and evils of globalization, this volume captures the mixed record of MNCs in promoting effective development in those parts of the world where it is most needed. This important series will be the reference source for academics, practitioners, policy-makers and NGOs involved in development-oriented CSR.
Development-Oriented Corporate Social Responsibility: Multinational Corporations and the Global Context
by Michael Blowfield Charlotte Karam Dima JamaliGlobalization and the professionalization of Corporate Social Responsibility (CSR) have led to a surge of CSR activities claiming to support development across the globe. In this two volume series, the chapters explore this claim through nuanced debate about the potentialities, limitations and threats of development-oriented CSR in the developing world at both the global and local levels. Volume 1 explores whether there is a genuine possibility for corporations to contribute to development through CSR activities. With corporate reach spreading into every corner of the globe, this is a timely contribution presenting cases from developing countries spanning multiple continents. It explores the multi-level and multi-stakeholder dynamics involved in shaping the complex interface between multinational corporations (MNCs) and possibilities for CSR-related development. The chapters highlight the potential for MNCs to spread best practice and complement the role of governments in bridging governance gaps and spearheading capacity building efforts. But they also highlights serious reservations, stemming from isolated assessments, limited appreciation of the complexities of context, and the permeation of a northern agenda that marginalizes local voices.Within the larger debate on the merits and evils of globalization, this volume captures the mixed record of MNCs in promoting effective development in those parts of the world where it is most needed. This important series will be the reference source for academics, practitioners, policy-makers and NGOs involved in development-oriented CSR.
Development-Oriented Corporate Social Responsibility: Locally Led Initiatives in Developing Economies
by Dima Jamali Charlotte Karam Michael BlowfieldThis volume provides a platform for localized perspectives on CSR in developing countries across the globe. The chapters bring local context and business to the forefront and highlight the efforts spearheaded by indigenous actors from within the developing world. They present insights from developing countries through successful and less successful examples of locally-led CSR efforts. Together, these perspectives capture the complex paradoxes of CSR in developing countries and highlight common features in national institutions across the developing world, such as weak political and regulatory institutions, that shape local CSR initiatives and often limit its developmental impact.The editors argue the need to embrace partnership models that leverage the strengths of different actors to promote effective development and tackle the complex challenges facing the developing world. This important series will be the reference source for academics, practitioners, policy-makers and NGOs involved in development-oriented CSR.
Development-Oriented Corporate Social Responsibility: Locally Led Initiatives in Developing Economies
by Dima Jamali Charlotte Karam Michael BlowfieldThis volume provides a platform for localized perspectives on CSR in developing countries across the globe. The chapters bring local context and business to the forefront and highlight the efforts spearheaded by indigenous actors from within the developing world. They present insights from developing countries through successful and less successful examples of locally-led CSR efforts. Together, these perspectives capture the complex paradoxes of CSR in developing countries and highlight common features in national institutions across the developing world, such as weak political and regulatory institutions, that shape local CSR initiatives and often limit its developmental impact.The editors argue the need to embrace partnership models that leverage the strengths of different actors to promote effective development and tackle the complex challenges facing the developing world. This important series will be the reference source for academics, practitioners, policy-makers and NGOs involved in development-oriented CSR.
Development Through Bricolage: Rethinking Institutions for Natural Resource Management (Earthscan Studies in Natural Resource Management)
by Frances CleaverWhy, despite an emphasis on 'getting institutions right', do development initiatives so infrequently deliver as planned? Why do many institutions designed for natural resource management (e.g. Water User Associations, Irrigation Committees, Forest Management Councils) not work as planners intended? This book disputes the model of development by design and argues that institutions are formed through the uneven patching together of old practices and accepted norms with new arrangements. The managing of natural resources and delivery of development through such processes of 'bricolage' is likened to 'institutional 'DIY' rather than engineering or design. The author explores the processes involved in institutional bricolage; the constant renegotiation of norms, the reinvention of tradition, the importance of legitimate authority and the role of people themselves in shaping such arrangements. Bricolage is seen as an inevitable, but not always benign process; the extent to which it reproduces social inequalities or creates space for challenging them is also considered. The book draws on a number of contemporary strands of development thinking about collective action, participation, governance, natural resource management, political ecology and wellbeing. It synthesises these to develop new understandings of why and how people act to manage resources and how access is secured or denied. A variety of case studies ranging from the management of water (Zimbabwe, India, Pakistan), conflict and cooperation over land, grazing and water (Tanzania), and the emergence of community management of forests (Sweden, Nepal), illustrate the context specific and generalised nature of bricolage and the resultant challenges for development policy and practice.
Development Through Bricolage: Rethinking Institutions for Natural Resource Management (Earthscan Studies in Natural Resource Management)
by Frances CleaverWhy, despite an emphasis on 'getting institutions right', do development initiatives so infrequently deliver as planned? Why do many institutions designed for natural resource management (e.g. Water User Associations, Irrigation Committees, Forest Management Councils) not work as planners intended? This book disputes the model of development by design and argues that institutions are formed through the uneven patching together of old practices and accepted norms with new arrangements. The managing of natural resources and delivery of development through such processes of 'bricolage' is likened to 'institutional 'DIY' rather than engineering or design. The author explores the processes involved in institutional bricolage; the constant renegotiation of norms, the reinvention of tradition, the importance of legitimate authority and the role of people themselves in shaping such arrangements. Bricolage is seen as an inevitable, but not always benign process; the extent to which it reproduces social inequalities or creates space for challenging them is also considered. The book draws on a number of contemporary strands of development thinking about collective action, participation, governance, natural resource management, political ecology and wellbeing. It synthesises these to develop new understandings of why and how people act to manage resources and how access is secured or denied. A variety of case studies ranging from the management of water (Zimbabwe, India, Pakistan), conflict and cooperation over land, grazing and water (Tanzania), and the emergence of community management of forests (Sweden, Nepal), illustrate the context specific and generalised nature of bricolage and the resultant challenges for development policy and practice.
Developments and Directions in Intellectual Property Law: 20 Years of The IPKat
by Hayleigh Bosher & Eleonora RosatiDevelopments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.
Developments and Directions in Intellectual Property Law: 20 Years of The IPKat
Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.
Developments in Environmental Regulation: Risk based regulation in the UK and Europe
by Jon ForemanThis book provides a critical examination of contemporary approaches to environmental regulation in the UK and the European Union. It also explores how regulation has evolved in response to a number of factors, including industrial development and improved scientific knowledge, while considering the radical next steps that need to be taken in response to existing challenges.Developments in Environmental Regulation draws its focus on the effects of risk-based approaches to the environmental regulation of business and industry, including its impact on sustainable economic growth. The book also considers the challenges and potential opportunities that surround the UK’s withdrawl, or ‘Brexit’, from the European Union. This edited collection has been written by a group of highly experienced regulatory specialists whose insightful perspectives on key areas of environmental regulation are situated at the core of this work. This book will appeal to students and academics, policy-makers and environmental practitioners interested in understanding how environmental policy and regulation is applied and how it can be adapted to its political context.
Developments in Environmental Regulation: Risk based regulation in the UK and Europe
by Jon ForemanThis book provides a critical examination of contemporary approaches to environmental regulation in the UK and the European Union. It also explores how regulation has evolved in response to a number of factors, including industrial development and improved scientific knowledge, while considering the radical next steps that need to be taken in response to existing challenges.Developments in Environmental Regulation draws its focus on the effects of risk-based approaches to the environmental regulation of business and industry, including its impact on sustainable economic growth. The book also considers the challenges and potential opportunities that surround the UK’s withdrawl, or ‘Brexit’, from the European Union. This edited collection has been written by a group of highly experienced regulatory specialists whose insightful perspectives on key areas of environmental regulation are situated at the core of this work. This book will appeal to students and academics, policy-makers and environmental practitioners interested in understanding how environmental policy and regulation is applied and how it can be adapted to its political context.
Developments in Foundation Law in Europe (Ius Gentium: Comparative Perspectives on Law and Justice #39)
by Chiara PreleThis book deals with foundation law in various European countries. It sums up contributions from the most outstanding experts in foundation law in fourteen countries. These are either civil law or common law, and their socio-economical situation is considerably different.Despite the outstanding differences in each country, foundations have been growing in number and importance all over Europe in the last decades. Political, economical and social changes occurred in various European countries increased foundations' role. The need to focus on foundations' laws and regulations arose in many States for different reasons.The contributions in this book focus in particular on the recent development of foundation law, on the evolution foundations have undergone in recent years and on trends in law.
Developments in Handwriting and Signature Identification in the Digital Age
by Heidi H. HarralsonThe examination of handwriting and signatures has a long and established history as a forensic discipline. With the advancement of technology in the use of digital tablets for signature capture, changes in handwriting examination are necessary. Other changes in handwriting, such as in increase in printed writing styles and the decrease in handwriting training in schools necessitates a re-examination of forensic handwriting identification problems. This text takes a fresh and modern look at handwriting examination as it pertains to forensic, legal, and criminal justice applications.
Developments in Handwriting and Signature Identification in the Digital Age
by Heidi H. HarralsonThe examination of handwriting and signatures has a long and established history as a forensic discipline. With the advancement of technology in the use of digital tablets for signature capture, changes in handwriting examination are necessary. Other changes in handwriting, such as in increase in printed writing styles and the decrease in handwriting training in schools necessitates a re-examination of forensic handwriting identification problems. This text takes a fresh and modern look at handwriting examination as it pertains to forensic, legal, and criminal justice applications.
Developments in Intellectual Property Strategy: The Impact of Artificial Intelligence, Robotics and New Technologies
by Nadia NaimResearch in the area of intellectual property (IP) is increasingly relevant to the rapidly growing artificial intelligence (AI) and robotics industries, affecting the legal, business, manufacturing, and healthcare sectors. This contributed volume aims to develop our understanding of the legal and ethical challenges posed by artificial intelligence and robotics technologies and the appropriate intellectual property based legal and regulatory responses. It provides a philosophical and legal framework for considering concepts and principles that relate to the development and use of such technologies at the international, regional, and national levels. The legal discourse in IP concerns the ever-growing AI sector and how businesses can protect their IP and incorporate AI. Moral sentiments often take a back seat to market sentiments, even in shaping the direction of ethical business strategy. This anomaly persists despite growing interest in ethics and IP. Taking an interdisciplinary and diverse perspective, this book enriches the evolving definition and scope of IP literature by focusing on actors, products and regulation that shape the business sector. Considering the gap between theory and practice, this book bridges academic and professional knowledge in unpacking legal, ethical and governance issues in the intellectual property industry. In an effort to include as many viewpoints as possible, contributions have been gathered from diverse fields, including business, ethics, governance, law, philosophy and technology studies. This book will appeal to academics in the field of intellectual property, business ethics, AI, emerging technologies and strategic innovation, as well as practitioners and policy makers. Chapter 2 is available open access under a Creative Commons Attribution 4.0 International License via Springerlink.
Developments in Services of General Interest (Legal Issues of Services of General Interest)
by Erika Szyszczak, Jim Davies, Mads Andenæs and Tarjei BekkedalThis is the third book in the series Legal Issues of Services of General Interest. The book focuses upon a set of research questions on the recent developments in the emergence of services of general interest (SGIs) as a distinct EU concept. This includes, inter alia, the emergence of universal service obligations and the way they are regulated in the EU in primary and secondary law, the range of soft law communications adopted by the Commission to create a distinctive EU concept of SGIs, the residual role of hard law in the Treaty on the Functioning of the European Union (TFEU), the special problems created by Social Services of General Economic Interest and the interaction of procurement and state aid law with SGIs. A new perspective is offered in this book: some of the issues faced by the EU in accommodating SGIs into a regulatory framework are found also in the policy of the WTO and in least developed countries (LDCs).
Developments in Social Work with Offenders (Research Highlights in Social Work)
by Peter Raynor Gill McIvorDevelopments in Social Work with Offenders explains the organisational and legislative changes that have occurred in social work and probation across the UK in the past 10 years, in the context of the accumulating body of knowledge about what constitutes effective practice in the assessment, supervision and management of offenders in the community.
Developments in Strategic and Public Management: Studies in the US and Europe (Governance and Public Management)
by Marc Holzer Paul JoyceThrough contemporary case studies of strategic management at work in the US and Europe, this collection shows that it can no longer be seen as a discipline for long term decisions but has become a central feature of the public sector. Individual chapters offer insights into strategic management capabilities at the national and sub-national level.
Deviance in International Relations: 'Rogue States' and International Security (Palgrave Studies in International Relations)
by Wouter Werner Wolfgang Wagner Michal OndercoRogue states' have been high on the policy agenda for many years but their theoretical significance for international relations has remained poorly understood. In contrast to the bulk of writings on 'rogue states' that address them merely as a policy challenge, this book studies what we can learn from deviance about international politics.
Deviant Behavior (Mysearchlab Series 15% Off Ser.)
by Erich GoodeDeviant Behavior provides a comprehensive study of the behavior, beliefs, conditions, and reactions to deviance, giving students a better understanding of this phenomenon. Deviance is discussed from the sociological perspectives of positivism and constructionism. Readers will grasp the reason behind deviant behavior through the positivist perspective and why certain actions, beliefs, and physical characteristics are condemned through the constructionist perspective. New to this edition: Two chapters on crime make clearer distinctions between criminalization of behavior, vs. criminal behavior itself More discussion of the relativity of deviance, including how murder is socially and legally constructed Expands the notion that conspiracy theory is a form of cognitive deviance New discussion furthers the difference between labeling theory and constructionism New Section on environmental pollution with reference to "green criminology" New section added on Deviance and Harm Newsworthy new features include: A Formerly Homeless Man Speaks Out Victimization and Abuse Mass Incarceration Stop and Frisk Missing Black Men? (with implications for families and demography) Arrest-Incarceration Gap Disparities in Sentencing The End of the Crime Decline? The Brother of a Murder Victim Speaks Out A Tattoo Collector Gets Inked Faculty-Student Sex Reflections on Studying BDSM
Deviant Behavior
by Erich GoodeDeviant Behavior provides a comprehensive study of the behavior, beliefs, conditions, and reactions to deviance, giving students a better understanding of this phenomenon. Deviance is discussed from the sociological perspectives of positivism and constructionism. Readers will grasp the reason behind deviant behavior through the positivist perspective and why certain actions, beliefs, and physical characteristics are condemned through the constructionist perspective. New to this edition: Two chapters on crime make clearer distinctions between criminalization of behavior, vs. criminal behavior itself More discussion of the relativity of deviance, including how murder is socially and legally constructed Expands the notion that conspiracy theory is a form of cognitive deviance New discussion furthers the difference between labeling theory and constructionism New Section on environmental pollution with reference to "green criminology" New section added on Deviance and Harm Newsworthy new features include: A Formerly Homeless Man Speaks Out Victimization and Abuse Mass Incarceration Stop and Frisk Missing Black Men? (with implications for families and demography) Arrest-Incarceration Gap Disparities in Sentencing The End of the Crime Decline? The Brother of a Murder Victim Speaks Out A Tattoo Collector Gets Inked Faculty-Student Sex Reflections on Studying BDSM
Deviant Behavior
by Erich GoodeDeviant Behavior offers an engaging and wide-ranging discussion of deviant behavior, beliefs, and conditions. It examines how the society defines, labels, and reacts to whatever, and whoever, falls under this stigmatizing process—thereby providing a distinctly sociological approach to the phenomenon. The central focus in defining what and who is deviant is the audience—members of the influential social collectivities that determine the outcome of this process. The discussion in this volume encompasses both the explanatory (or positivist) approach and the constructionist (or labeling) perspectives, thereby lending a broad and inclusive vista on deviance. The central chapters in the book explore specific instances or forms of deviance, including crime, substance abuse, and mental disorder, all of which share the quality that they and their actors, believers, or bearers may be judged by these influential parties in a negative or derogatory fashion. And throughout Deviant Behavior, the author emphasizes that, to the sociologist, the term "deviant" is completely non-pejorative; no implication of inferiority or inherent stigma is implied; what the author emphasizes is that specific members of the society—social circles or collectivities—define and treat certain parties in a derogatory fashion; the sociologist does not share in this stigmatizing process but observes and describes it.