- Table View
- List View
Intention in Law and Philosophy (Routledge Revivals)
by Ngaire Naffine Rosemary OwensThis title was first published in 2001. Legal systems are posited on the assumption that people are rational intentional agents who can choose to follow or break the law. This book connects the common interests of lawyers and philosophers in the meaning of intention and its relation to responsibility in legal, moral and political contexts.
Intention in Law and Philosophy (Routledge Revivals)
by Ngaire Naffine Rosemary OwensThis title was first published in 2001. Legal systems are posited on the assumption that people are rational intentional agents who can choose to follow or break the law. This book connects the common interests of lawyers and philosophers in the meaning of intention and its relation to responsibility in legal, moral and political contexts.
Intention, Supremacy and the Theories of Judicial Review
by John McGarryIn the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts’ judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy – and, in turn, the relationship between Parliament and the courts – is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.
Intention, Supremacy and the Theories of Judicial Review
by John McGarryIn the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts’ judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy – and, in turn, the relationship between Parliament and the courts – is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.
Intentional Acts and Institutional Facts: Essays on John Searle’s Social Ontology (Theory and Decision Library A: #41)
by Savas L. TsohatzidisTen original essays examine the central themes of John Searle’s ontology of society. Written by an international team of philosophers and social scientists, the essays contribute to a deeper understanding of Searle’s work. Moreover, these essays open the door to new approaches to addressing fundamental questions about social phenomena. This book also features a new essay by Searle himself that summarizes and further develops his work.
Intentional Destruction of Cultural Heritage and the Law: A Research Companion (Routledge Studies in Cultural Heritage and International Law)
by Alberta FabbricottiThe world has been shocked by the destruction of world cultural heritage sites over the past two decades, as seen in widely disseminated videos depicting events such as the demolition of the Buddhas of Bamiyan and the ancient Syrian city of Palmyra. These acts are perhaps the clearest and most glaring examples of what is meant by the ‘Intentional Destruction of the Cultural Heritage of Humankind’ (IDCHH).The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. The examination includes UNESCO instruments and UN measures for the maintenance of international peace, mechanisms for the protection of human rights and those for the protection of investments, and international criminal justice outcomes through the decisions of the Permanent Criminal Court. Thus, the book explores avenues for response such as appeals to international courts, peacekeeping operations and referrals to the criminal legislation of States, in addition to reparations. The concept of the Cultural Heritage of Humankind implies that IDCHH harms all States and all peoples and human groupings in the world, not only the State or people on whose territory the cultural property is located. The book identifies the international law avenues for subjects not directly injured by IDCHH to obtain its cessation and reparation. This book is essential reading for students, academics and practitioners exploring international law and the destruction of cultural heritage.
Intentional Destruction of Cultural Heritage and the Law: A Research Companion (Routledge Studies in Cultural Heritage and International Law)
The world has been shocked by the destruction of world cultural heritage sites over the past two decades, as seen in widely disseminated videos depicting events such as the demolition of the Buddhas of Bamiyan and the ancient Syrian city of Palmyra. These acts are perhaps the clearest and most glaring examples of what is meant by the ‘Intentional Destruction of the Cultural Heritage of Humankind’ (IDCHH).The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. The examination includes UNESCO instruments and UN measures for the maintenance of international peace, mechanisms for the protection of human rights and those for the protection of investments, and international criminal justice outcomes through the decisions of the Permanent Criminal Court. Thus, the book explores avenues for response such as appeals to international courts, peacekeeping operations and referrals to the criminal legislation of States, in addition to reparations. The concept of the Cultural Heritage of Humankind implies that IDCHH harms all States and all peoples and human groupings in the world, not only the State or people on whose territory the cultural property is located. The book identifies the international law avenues for subjects not directly injured by IDCHH to obtain its cessation and reparation. This book is essential reading for students, academics and practitioners exploring international law and the destruction of cultural heritage.
Intentional Integrity: How Smart Companies Can Lead an Ethical Revolution – and Why That's Good for All of Us
by Robert Chesnut‘Smart, practical advice for anyone looking to do good and do well.’ - Reid Hoffman, co-founder of Linkedin and author of BlitzscalingSilicon Valley expert and General Counsel of Airbnb, Robert Chesnut shows that companies that do not think seriously about a crucial element of corporate culture – integrity – are destined to fail.Defining integrity is difficult. Once understood as ‘telling the truth and keeping your word,’ it was about following not just the letter but the spirit of the law. However, at a time when workplaces are becoming more diverse, global, and connected, silence about integrity creates ambiguities about right and wrong that make everyone uncertain, opening the door for the minority of people to rationalize selfish behaviour. Meanwhile, trust in most traditional institutions is at an all-time low and there’s a dark cloud hovering over technology. And this is precisely where companies come in; as peoples’ faith in establishments deteriorates, they’re turning to their employer for stability.In Intentional Integrity, Chesnut offers a six-step process for leaders to foster and manage a culture of integrity at work. He explains the rationale and legal context for the ethics and practices, and presents scenarios to illuminate the nuances of thinking deeply and objectively about workplace culture.We will always need governments to manage defence, infrastructure, and basic societal functions. But, Chesnut argues, the private sector has the responsibility to use sensitivity and flexibility to make broader progress – if they act with integrity.
The Inter American Court of Human Rights: The Legitimacy of International Courts and Tribunals
by Natalia Torres ZúñigaThis book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.
The Inter American Court of Human Rights: The Legitimacy of International Courts and Tribunals
by Natalia Torres ZúñigaThis book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.
The Inter-American Human Rights System: Impact Beyond Compliance (Studies of the Americas)
by Par EngstromThis volume brings together innovative work from emerging and leading scholars in international law and political science to critically examine the impact of the Inter-American Human Rights System (IAHRS). By leveraging a variety of theoretical frameworks and methodological approaches, the contributors assess the impact of the IAHRS on domestic human rights change in Latin America. More specifically, the book provides a nuanced analysis of the System’s impact by examining the ways in which the IAHRS influences domestic actors and political institutions advancing the realisation of human rights. This work will be of interest to students and scholars of human rights and Latin American politics, as well as to those engaged with the nexus of international law and domestic politics and the dynamics of international and regional institutions.
Inter-Municipal Cooperation in Europe
by Rudie Hulst André Van MontfortThis book presents an overview of inter-municipal cooperation in eight European countries. Each country study sketches its attendant forms, their institutional design, the tasks and competencies attributed to joint authorities of municipalities and the way inter-municipal cooperation operates in practice. Both performance and democratic aspects of cooperation are recurring topics.
Inter-Municipal Cooperation in Europe: Institutions and Governance
by Filipe Teles Pawel SwianiewiczThis book sheds light on the central complexities of municipal cooperation and examines the dynamics, experiences and drivers of inter-municipal cooperation (IMC) in Europe. Particular attention is given to the features of governance arrangements and institutions created to generate and maintain collaborative settings between different local governments in a particular territory.The thematically grouped case studies presented here address the dearth of comprehensive and comparative analyses in recent scholarship. The authors provide fresh insights into the rise of inter-municipal cooperation and its evolution during a period of financial crisis and European Union enlargement. This includes critical examinations of the impact of austerity policies, the behavior and perceptions of key actors; and under-explored new member states. Crucially, this work goes beyond the comparison of institutional forms of IMC to address why the phenomenon so widespread and questions whether it is successful, manageable and democratic.This work which presents the most recent and innovative research on inter-local collaborative arrangements will appeal to practitioners as well as scholars of local government, public economy, public administration and policy.
Inter-Municipal Cooperation in Europe: Institutions and Governance
by Filipe Teles Pawel SwianiewiczThis book sheds light on the central complexities of municipal cooperation and examines the dynamics, experiences and drivers of inter-municipal cooperation (IMC) in Europe. Particular attention is given to the features of governance arrangements and institutions created to generate and maintain collaborative settings between different local governments in a particular territory.The thematically grouped case studies presented here address the dearth of comprehensive and comparative analyses in recent scholarship. The authors provide fresh insights into the rise of inter-municipal cooperation and its evolution during a period of financial crisis and European Union enlargement. This includes critical examinations of the impact of austerity policies, the behavior and perceptions of key actors; and under-explored new member states. Crucially, this work goes beyond the comparison of institutional forms of IMC to address why the phenomenon so widespread and questions whether it is successful, manageable and democratic.This work which presents the most recent and innovative research on inter-local collaborative arrangements will appeal to practitioners as well as scholars of local government, public economy, public administration and policy.
The Interaction of Competition Law and Sector Regulation: Emerging Trends at the National and EU Level
This insightful book discusses the interaction of sector-specific regulation and competition policy. In particular, it identifies emerging trends and reflects on the nature of network regulation in the energy and telecom industries.Expert contributors examine the recent European Electronic Communications Code (EECC), as well the relevant regulatory framework in the electricity and pharmaceutical sectors. Chapters consider key topics, such as the recent antitrust investigations concerning the excessive price of off-patent drugs and the impact of digitalization on the future of network industries. The book also assesses several examples of the complex relationship between sector-specific regulation and competition policy; a relationship constantly swinging between complementarity and conflict.Providing a comparative analysis of EU competition policy at both the EU and national levels, this timely book will be a valuable resource for scholars and students of EU competition policy. It will also be beneficial for practitioners, specialising in the regulation of the telecom, energy and pharmaceutical industries.
Interactions Between Chinese Tax Incentives and WTO’s Subsidy Rules Against the Background of EU State Aid
by Diheng XuThe book provides insights to the alleviation of tensions between Chinese tax incentives and the WTO’s subsidy rules, thus further offering implications for both China and the WTO on integrating in the world economy. Moreover, doing a comparative study with EU State aid law can also provide China with a source of inspiration for reviewing its legal mechanism in respect of tax incentives and the WTO for rethinking its subsidy rules with regard to achieving its objectives and purposes. Academics and students in related subject will be interested to read the book. Practitioners doing business related to China, EU and international trade can be very interested in this book. Policymakers in both China and EU can also get valuable knowledge and inspiration from the book.
Interactive Robotics: Selected Contributions to the INBOTS Conference 2021, 18-20 May, 2021 (Biosystems & Biorobotics #30)
by María Amparo Grau RuizThis book reports on cutting-edge legal, ethical, social and economic issues relating to robotics and automation, human-machine interaction and artificial intelligence, in different application areas. It discusses important problems such as robotic taxation, social inequality, protection of neuro-human and children rights, among others. It describes current advances and challenges in robotic regulation and governance, as well as findings relating to sustainability of robotic industries, thus filling an important gap in the robotic and AI literature. Chapters consists of revised and extended contributions to the workshop session “Debate on legal, ethical & socio-economic aspects of interactive robotics” of INBOTS 2021, held virtually on May 18-20, 2021.
Interaktion und Koordination: Das Feld sozialer Dienstleistungen
by Guido Becke Peter BlesesIn diesem Band wird die in der wissenschaftlichen Debatte bislang wenig beachtete Wechselbeziehung zwischen Interaktions- und Koordinationsarbeit am Beispiel sozialer Dienstleistungen beleuchtet: Koordinationsarbeit bildet beispielsweise eine wesentliche Voraussetzung für gelungene Interaktionsarbeit; Koordinationsarbeit beinhaltet selbst auch Interaktionsarbeit. Der Zusammenhang zwischen Interaktions- und Koordinationsarbeit wird in theoretisch-konzeptioneller Hinsicht und auf Basis empirischer Befunde aus verschiedenen Handlungsfeldern sozialer Dienstleistungen hin entfaltet. Auf dieser Grundlage werden Gestaltungsansätze für eine nachhaltige Arbeitsqualität von Interaktions- und Koordinationsarbeit sowie ein erweitertes Produktivitätsverständnis sozialer Dienstleistungen aufgezeigt.
The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms (Yale Law Library Series in Legal History and Reference)
by Alison L. LaCroixA synthesis of legal, political, and social history to show how the post-founding generations were forced to rethink and substantially revise the U.S. constitutional vision Between 1815 and 1861, American constitutional law and politics underwent a profound transformation. These decades of the Interbellum Constitution were a foundational period of both constitutional crisis and creativity. The Interbellum Constitution was a set of widely shared legal and political principles, combined with a thoroughgoing commitment to investing those principles with meaning through debate. Each of these shared principles—commerce, concurrent power, and jurisdictional multiplicity—concerned what we now call “federalism,” meaning that they pertain to the relationships among multiple levels of government with varying degrees of autonomy. Alison L. LaCroix argues, however, that there existed many more federalisms in the early nineteenth century than today’s constitutional debates admit. As LaCroix shows, this was a period of intense rethinking of the very basis of the U.S. national model—a problem debated everywhere, from newspapers and statehouses to local pubs and pulpits, ultimately leading both to civil war and to a new, more unified constitutional vision. This book is the first that synthesizes the legal, political, and social history of the early nineteenth century to show how deeply these constitutional questions dominated the discourse of the time.
The Interception of Vessels on the High Seas: Contemporary Challenges to the Legal Order of the Oceans (Studies in International Law)
by Efthymios PapastavridisThe principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.
The Interception of Vessels on the High Seas: Contemporary Challenges to the Legal Order of the Oceans (Studies in International Law #43)
by Efthymios PapastavridisThe principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.
The Interconnection of the EU Regulations Brussels I Recast and Rome I: Jurisdiction and Law (Short Studies in Private International Law)
by Christoph SchmonThis book deals with the interconnection between the Brussels I Recast and Rome I Regulations and addresses the question of uniform interpretation. A consistent understanding of scope and provisions is suggested by the preamble of the Rome I Regulation. Without doubt, it is fair to presume that the same terms bear the same meaning throughout the Regulations.The author takes a closer look at the Regulations’ systems, guiding principles, and their balance of flexibility and legal certainty. He starts from the premise that such analysis should prove particularly rewarding as both legal acts have their specific DNA: The Brussels I Recast Regulation has a procedural focus when it governs the allocation of jurisdiction and the free circulation of judgments. The multilateral rules under the Rome I Regulation, by contrast, are animated by conflict of laws methods and focus on the delimitation of legal systems.This fourth volume in the Short Studies in Private International Law Series is primarily aimed at legal academics in private international law and advanced students. But it should also prove an intriguing read for legal practitioners in international litigation.Christoph Schmon is a legal expert in the fields of Private International Law, Consumer Law, and Digital Rights. After serving in research positions at academic institutes in Vienna and London, he focused on EU policy and law making. He is appointed expert of advisory groups to the EU Commission.
Intercreditor Equity in Sovereign Debt Restructuring
by Prof Astrid IversenThe question of intercreditor equity is one of the most contentious issues in debt restructuring, both historically and today. Intercreditor Equity in Sovereign Debt Restructuring maps and establishes the content of these intercreditor equity rules, and analyses how they influence the restructuring process. Through this analysis, Astrid Iversen outlines how creditors can predict their legal rights in the unfortunate event of a debt restructuring and strives to improve our understanding of the boundaries within which a debt restructuring offer must be designed. Iversen also seeks to shed light on the functioning of the legal framework governing sovereign debt more broadly. In this book, she examines whether intercreditor equity rules and the legal framework of sovereign debt are compatible with a debtor state's responsibility to ensure monetary and financial stability and to establish sustainable debt burdens. Iversen also explores how certain intercreditor equity rules constitute an obstacle to sustainable debt restructurings and highlights how the number of different intercreditor equity rules that a sovereign debtor state typically is bound by, as well as the scope of these rules, risk tightening the policy space of debtor states to the extent that it is difficult to design and implement a sustainable debt restructuring. Suitable as an introductory text for readers new to the topic of sovereign debt restructurings, and as an instructive guide for debt management offices, creditors, and their lawyers, this publication provides a comprehensive legal study of intercreditor equity rules in sovereign debt restructuring.
Intercreditor Equity in Sovereign Debt Restructuring
by Prof Astrid IversenThe question of intercreditor equity is one of the most contentious issues in debt restructuring, both historically and today. Intercreditor Equity in Sovereign Debt Restructuring maps and establishes the content of these intercreditor equity rules, and analyses how they influence the restructuring process. Through this analysis, Astrid Iversen outlines how creditors can predict their legal rights in the unfortunate event of a debt restructuring and strives to improve our understanding of the boundaries within which a debt restructuring offer must be designed. Iversen also seeks to shed light on the functioning of the legal framework governing sovereign debt more broadly. In this book, she examines whether intercreditor equity rules and the legal framework of sovereign debt are compatible with a debtor state's responsibility to ensure monetary and financial stability and to establish sustainable debt burdens. Iversen also explores how certain intercreditor equity rules constitute an obstacle to sustainable debt restructurings and highlights how the number of different intercreditor equity rules that a sovereign debtor state typically is bound by, as well as the scope of these rules, risk tightening the policy space of debtor states to the extent that it is difficult to design and implement a sustainable debt restructuring. Suitable as an introductory text for readers new to the topic of sovereign debt restructurings, and as an instructive guide for debt management offices, creditors, and their lawyers, this publication provides a comprehensive legal study of intercreditor equity rules in sovereign debt restructuring.
Intercultural Communication: Critical Approaches And Future Challenges
by Giuliana FerriDrawing on interdisciplinary theoretical perspectives, this book critically examines intercultural theory and its interrelations with globalisation, education and dialogue in multicultural societies. Applying the ethics of Emmanuel Levinas, the author repositions intercultural communication within a new paradigm that challenges static interpretations of self and other, and suggests future directions for the development of a post-methodological framework based on the decentring of the researcher. This innovative work will provide researchers and language teachers with the critical tools needed to challenge instrumentalist approaches to communication in a diverse global context, characterised by conflict and fear of the other and fresh insights to scholars of education, applied linguistics and sociology.