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Cargo Crime: Security and Theft Prevention
by John J. CoughlinCargo crime including theft, fraud, and the passage of contraband through commercial shipping lanes poses an enormous threat to security and the economy. By understanding the current methods and operations of those who attack the supply chain, industry professionals can design effective security plans and law enforcement can properly investigate th
Caribbean Anti-Trafficking Law and Practice (Studies in International and Comparative Criminal Law)
by Jason HaynesThis monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a 'disconnect' between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.
Caribbean Anti-Trafficking Law and Practice (Studies in International and Comparative Criminal Law)
by Jason HaynesThis monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a 'disconnect' between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.
Caribbean Integration Law
by David S. BerryCaribbean Integration Law offers a comprehensive legal analysis of the current treaties and rules governing the two main regional organisations in the Caribbean, the Caribbean Community (CARICOM) and the Organisation of Eastern Caribbean States (OECS). Both organisations are operating under new treaties, the Revised Treaty of Chaguaramas and the Revised Treaty of Basseterre, respectively, which created the CARICOM Single Market and Economy, and the OECS Economic Union. The single market and economic union were built upon principles of free movement of goods, labour, and capital, and a common external tariff. This book reviews the foundations of Caribbean regional integration, the institutional frameworks of the two regional organisations, and fleshes out the scope and context of the legal systems created by the treaties. It also reviews the dispute settlement mechanisms under both treaties, including the increasingly active role of the Caribbean Court of Justice, which allows persons to enforce their treaty rights directly before the Court. The book offers selective comparisons to the current rules governing the European Union, and integrates crucial insights from the field of public international law, including the law of treaties and international institutional law.
Caribbean Land and Development Revisited (Studies of the Americas)
by J. Besson J. MomsenThe book is an interdisciplinary collection of fifteen essays, with an editorial introduction, on a range of territories in the Commonwealth, Francophone, and Hispanic Caribbean. The authors focus on land and development, providing fresh perspectives through a collection of international contributing authors.
Caring: A Relational Approach To Ethics And Moral Education
by Nel NoddingsWith numerous examples to supplement her rich theoretical discussion, Nel Noddings builds a compelling philosophical argument for an ethics based on natural caring, as in the care of a mother for her child. In Caring-now updated with a new preface and afterword reflecting on the ongoing relevance of the subject matter-the author provides a wide-ranging consideration of whether organizations, which operate at a remove from the caring relationship, can truly be called ethical. She discusses the extent to which we may truly care for plants, animals, or ideas. Finally, she proposes a realignment of education to encourage and reward not just rationality and trained intelligence, but also enhanced sensitivity in moral matters.
Caring and the Law
by Jonathan Herring'Caring and the Law' considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law. It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.
Caring and the Law
by Jonathan Herring'Caring and the Law' considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law. It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.
Caring for Children Who Have Severe Neurological Impairment: A Life with Grace (A Johns Hopkins Press Health Book)
by Julie M. HauerGlobal impairment of the central nervous system, whether stable or progressive, is often called severe neurological impairment (SNI). A child who has SNI will be cared for both by specialist clinicians and by parents at home. A parent is a child’s best expert and advocate, and many parents become highly skilled in managing their child's care. This guide provides information to help parents increase their knowledge and improve their caregiving skills. In Caring for Children Who Have Severe Neurological Impairment, Dr. Julie M. Hauer advocates shared decision making between family caregivers and healthcare providers. She details aspects of medical care such as pain, sleep, feeding, and respiratory problems that will be particularly useful to parents. Tables and key points summarize discussions for clear, quick reference, while case studies and stories illustrate how different families approach decision making, communication, care plans, and informed consent.Parents and other caregivers will find this book to be indispensable—as will bioethicists and clinicians in pediatrics, neurology, physical and rehabilitative medicine, palliative care, and others who care for children with neurological and neuromuscular disorders. Dr. Hauer offers hope and practical coping strategies in equal measure.
Caring for Children Who Have Severe Neurological Impairment: A Life with Grace (A Johns Hopkins Press Health Book)
by Julie M. HauerGlobal impairment of the central nervous system, whether stable or progressive, is often called severe neurological impairment (SNI). A child who has SNI will be cared for both by specialist clinicians and by parents at home. A parent is a child’s best expert and advocate, and many parents become highly skilled in managing their child's care. This guide provides information to help parents increase their knowledge and improve their caregiving skills. In Caring for Children Who Have Severe Neurological Impairment, Dr. Julie M. Hauer advocates shared decision making between family caregivers and healthcare providers. She details aspects of medical care such as pain, sleep, feeding, and respiratory problems that will be particularly useful to parents. Tables and key points summarize discussions for clear, quick reference, while case studies and stories illustrate how different families approach decision making, communication, care plans, and informed consent.Parents and other caregivers will find this book to be indispensable—as will bioethicists and clinicians in pediatrics, neurology, physical and rehabilitative medicine, palliative care, and others who care for children with neurological and neuromuscular disorders. Dr. Hauer offers hope and practical coping strategies in equal measure.
Caring for Families in Court: An Essential Approach to Family Justice
by Barbara A. Babb Judith D. MoranIn many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.
Caring for Families in Court: An Essential Approach to Family Justice
by Barbara A. Babb Judith D. MoranIn many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.
Caring for Our Own: Why There is No Political Demand for New American Social Welfare Rights
by Sandra R. LevitskyCaring for Our Own inverts an enduring question of social welfare politics. Rather than ask why the American state hasn't responded to unmet social welfare needs by expanding social entitlements, this book asks: Why don't American families view unmet social welfare needs as the basis for demands for new state entitlements? The answer, Sandra Levitsky argues, lies in a better understanding of how individuals imagine solutions to the social welfare problems they confront and what prevents new understandings of social welfare provision from developing into political demand for alternative social arrangements. Caring for Our Own considers the powerful ways in which existing social policies shape the political imagination, reinforcing longstanding values about family responsibility, subverting grievances grounded in notions of social responsibility, and in some rare cases, constructing new models of social provision that transcend existing ideological divisions in American social politics.
Caring for Patients at the End of Life: Facing an Uncertain Future Together
by Timothy E. QuillIn Caring for Patients at the End of Life: Facing an Uncertain Future Together, Dr. Quill uses his wide range of clinical experience caring for severely ill patients and their families to illustrate the challenges and potential of end-of-life care. Section one utilizes the near death experiences of two patients to explore values underlying medical humanism, and then presents the case of "Diane" to explore the fundamental clinical commitments of partnership and non-abandonment. Section two explores, illustrates, and provides practical guidance for clinicians, patients, and families about critical communication issues including delivering bad news, discussing palliative care, and exploring the wish to die. In section three, difficult ethical and policy challenges inherent in hospice work, including the rule of double effect, terminal sedation, and physician-assisted suicide, are explored using a mix of real cases and an analysis of underlying clinical, ethical, and policy issues. In a final chapter, Dr. Quill discusses the tragic death of his brother which occurred as this book was being completed, and how his family made the most emotionally challenging decisions of their lives. Dr. Quill exposes readers to an internally consistent and practical way of thinking by simultaneously embracing the potential of palliative care, and also acknowledging that it has limitations. His philosophy of offering forthright discussions with patient and family, mutual decision-making, ensuring medical and palliative care expertise and of committing to see the dying process through to the patient's death is vividly illustrated.
Caring Management in the New Economy: Socially Responsible Behaviour Through Spirituality (Palgrave Studies in Sustainable Business In Association with Future Earth)
by Ora Setter László ZsolnaiThis edited book frames a new ethos of management that cares for society, future generations and nature whilst also serving the interests of business and the wider community. Employing the practical wisdom of faith traditions, the chapters develop the use of spirituality as a resource for creating business models that take pressing social problems – such as quality of life at work, over-consumption, environmental degradation and climate change – into account. Spanning entrepreneurship, leadership, management education and business models, the chapters in this book aim to develop a spiritually-based caring model of management to face the challenges and reality of the 21st century.
Carl Schmitt and The Buribunks: Technology, Law, Literature (TechNomos)
by Edwin Bikundo Kieran TranterIn 1918 a young Carl Schmitt published a short satirical fiction entitled The Buribunks. He imagined a future society of beings who consistently wrote and disseminated their personal diaries. Schmitt would go on to become the infamous philosopher of the exception and for a while the ‘Crown Jurist of the Third Reich’. The Buribunks – ironically for beings that lived only for self-memorialisation – has been mostly lost to history. However, the digital realm, with its emphasis on the informatic traces generated by human doing, and the continual interest in Schmitt’s work to explain and criticise contemporary constellations of power, suggests that The Buribunks is a text whose epoch has come. This volume includes the first full translation into English of The Buribunks and a selection of critical essays on the text, its meanings in the digital present, its playing with and criticism of the literary form, and its place within Schmitt’s life and work. The Buribunks and the essays provide a complex, critical and provocative invitation to reimagine the relations between the human and their imprint and legacy within archives and repositories. There is a fundamental exploration of what it means to be a being intensely aware of ‘writing itself’. This is not just a volume for critical lawyers, literary scholars and the Schmitt literati. It is a volume that challenges a broad range of disciplines, from philosophy to critical data studies, to reflect on the digital present and its assembled and curated beings. It is a volume that provides a set of fantastically located concepts, images and histories that traverse ideas and practices, play and politics, power and possibility.
Carl Schmitt and The Buribunks: Technology, Law, Literature (TechNomos)
by Kieran TranterIn 1918 a young Carl Schmitt published a short satirical fiction entitled The Buribunks. He imagined a future society of beings who consistently wrote and disseminated their personal diaries. Schmitt would go on to become the infamous philosopher of the exception and for a while the ‘Crown Jurist of the Third Reich’. The Buribunks – ironically for beings that lived only for self-memorialisation – has been mostly lost to history. However, the digital realm, with its emphasis on the informatic traces generated by human doing, and the continual interest in Schmitt’s work to explain and criticise contemporary constellations of power, suggests that The Buribunks is a text whose epoch has come. This volume includes the first full translation into English of The Buribunks and a selection of critical essays on the text, its meanings in the digital present, its playing with and criticism of the literary form, and its place within Schmitt’s life and work. The Buribunks and the essays provide a complex, critical and provocative invitation to reimagine the relations between the human and their imprint and legacy within archives and repositories. There is a fundamental exploration of what it means to be a being intensely aware of ‘writing itself’. This is not just a volume for critical lawyers, literary scholars and the Schmitt literati. It is a volume that challenges a broad range of disciplines, from philosophy to critical data studies, to reflect on the digital present and its assembled and curated beings. It is a volume that provides a set of fantastically located concepts, images and histories that traverse ideas and practices, play and politics, power and possibility.
Carl Schmitt's State and Constitutional Theory: A Critical Analysis (Oxford Constitutional Theory)
by Benjamin A. SchupmannCan a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
Carl Schmitt's State and Constitutional Theory: A Critical Analysis (Oxford Constitutional Theory)
by Benjamin A. SchupmannCan a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
The Carriage of Dangerous Goods by Sea (Hamburg Studies on Maritime Affairs #12)
by Meltem Deniz Güner-ÖzbekEver-increasing numbers of dangerous goods are carried by sea today. Worldwide concern with the risk posed by this increased frequency has led to the adoption of international technical standards to promote maritime safety and the insertion of special provisions in the carriage contracts. Moreover, growing environmental awareness and concern with the economic cost implications of maritime casualties have given rise to the regulation of liability and compensation.
Carriage of Goods by Sea
by Stephen GirvinCarriage of Goods by Sea provides an extensive comparative analysis of the carriage of goods by sea, examining the principles, regulation, responsibilities, obligations, and immunities within this area of English law, and other common law jurisdictions, in a single volume. The book covers all necessary aspects for understanding the law of carriage by sea. These include: an essential overview of the business of shipping; a core group of chapters on the various functions of bills of lading and other documents of carriage; the international and domestic regulation of carriage; analysis of the major conventions (the Hague, Hague-Visby and Hamburg Rules, and the Rotterdam Rules); and explanation of the shippers' responsibilities, both at common law and under the international conventions. Later chapters are concerned with the obligations of the carrier, and the rights and immunities of the carrier, again at common law, and under the international conventions. The book concludes by examining charterparties, as well as including chapters on frustration and damages. The third edition provides a thorough update from the publication of the previous edition in 2011 including new bills of lading, major Commonwealth developments impacting on the law in this field, and UK Supreme Court decisions such as Volcafe Ltd v Compania Sud Americana de Vapores SA (Trading as CSAV) [2018] UKSC 61, The Ocean Victory [2017] UKSC 35, and The Kos [2012] UKSC 17. The new edition also includes a new chapter relating to damages.
Carriage of Goods by Sea
by Stephen GirvinCarriage of Goods by Sea provides an extensive comparative analysis of the carriage of goods by sea, examining the principles, regulation, responsibilities, obligations, and immunities within this area of English law, and other common law jurisdictions, in a single volume. The book covers all necessary aspects for understanding the law of carriage by sea. These include: an essential overview of the business of shipping; a core group of chapters on the various functions of bills of lading and other documents of carriage; the international and domestic regulation of carriage; analysis of the major conventions (the Hague, Hague-Visby and Hamburg Rules, and the Rotterdam Rules); and explanation of the shippers' responsibilities, both at common law and under the international conventions. Later chapters are concerned with the obligations of the carrier, and the rights and immunities of the carrier, again at common law, and under the international conventions. The book concludes by examining charterparties, as well as including chapters on frustration and damages. The third edition provides a thorough update from the publication of the previous edition in 2011 including new bills of lading, major Commonwealth developments impacting on the law in this field, and UK Supreme Court decisions such as Volcafe Ltd v Compania Sud Americana de Vapores SA (Trading as CSAV) [2018] UKSC 61, The Ocean Victory [2017] UKSC 35, and The Kos [2012] UKSC 17. The new edition also includes a new chapter relating to damages.
Carriage of Goods by Sea, Land and Air: Uni-modal and Multi-modal Transport in the 21st Century (Maritime and Transport Law Library)
by Bariş Soyer Andrew TettenbornWritten by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules.An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.
Carriage of Goods by Sea, Land and Air: Uni-modal and Multi-modal Transport in the 21st Century (Maritime and Transport Law Library)
by Baris Soyer Andrew TettenbornWritten by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules.An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.