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The Construction of the Customary Law of Peace: Latin America and the Inter-American Court of Human Rights

This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.Cecilia M. Bailliet offers an overview of the normative and institutional development of peace in Latin America, before examining the heterogeneous iterations of peace within Latin American constitutions and the pluralistic views of current and former judges in the Inter-American Court of Human Rights. The book argues that these national variants should be in accordance with the American Convention on Human Rights and related instruments as a minimum framework, and should be interpreted in pursuit of the pro homine principle, in which the most favourable law is applied to benefit individuals regardless of its origin or status. It also presents an overview of the historic protest marches of 2019 and the phenomenon of oppressive peace tactics by the State.This book will be critical reading for scholars and students of peace studies, human rights, Latin American studies, gender studies, constitutional and international public law, and legal history. It will also be of interest for policy makers and peace practitioners both in Latin America and beyond.

Construction Site Safety: A Guide for Managing Contractors

An important part of an organization's overall safety and health program involves safety management for contractors. A contractor with a poor safety program can adversely affect quality, productivity, schedules, and overall cost. This book explains how to manage project safety and improve the odds of an injury-free workplace.If project mana

The Construction, Sources, and Implications of Consensualism in Contract: Lesson from France (Studies in the History of Law and Justice #27)

This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis.“This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK“The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK

Construction Superintendents: Essential Skills for the Next Generation

Construction Superintendents: Essential Skills for the Next Generation is the first college-level textbook designed to prepare you to take on a site supervisor role on a complex jobsite. The book covers the responsibilities of superintendents in relation to the jobsite project management team, the project owners, designers, and municipal services. The book outlines the development of the superintendent and his or her role and responsibilities in twenty-first century construction projects. Using examples and case studies of cutting-edge jobsite practices from the use of computer applications to leadership and capital development, this book lays out all the functions of a modern site superintendent in an easy-to-understand format. The book includes: coverage of the full spectrum of tasks and skills required from the pre-construction phase, through start-up, operation and close-out, plus advanced topics for those serious about leading the field real-world case studies, forms, and documentation stored on a companion website chapter summaries, review questions, and exercises to aid both teaching and learning. This book fills in the long-standing need for an academic textbook designed as an applied instructional resource suitable for university and college students enrolled in construction management and construction engineering programmes.

Construction Superintendents: Essential Skills for the Next Generation

Construction Superintendents: Essential Skills for the Next Generation is the first college-level textbook designed to prepare you to take on a site supervisor role on a complex jobsite. The book covers the responsibilities of superintendents in relation to the jobsite project management team, the project owners, designers, and municipal services. The book outlines the development of the superintendent and his or her role and responsibilities in twenty-first century construction projects. Using examples and case studies of cutting-edge jobsite practices from the use of computer applications to leadership and capital development, this book lays out all the functions of a modern site superintendent in an easy-to-understand format. The book includes: coverage of the full spectrum of tasks and skills required from the pre-construction phase, through start-up, operation and close-out, plus advanced topics for those serious about leading the field real-world case studies, forms, and documentation stored on a companion website chapter summaries, review questions, and exercises to aid both teaching and learning. This book fills in the long-standing need for an academic textbook designed as an applied instructional resource suitable for university and college students enrolled in construction management and construction engineering programmes.

Constructive and Resulting Trusts

Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.

Constructive Engagement: Directors and Investors in Action

The relationships between investors, directors and companies have never been so vital, or so confusing. Gone are the days when being a non-executive director (NED) meant an agreeable lunch and when CEOs wanted them to meet investors 'over my dead body'. Even the most admired companies can be engulfed in scandal and the NEDs find themselves having to drive through fundamental changes. The corporate environment is full of pitfalls for unwary boards. And there are plenty of headline stories of directors who have failed to measure up. Equally, a high quality board which has the confidence of the investors is a major strategic asset: making better decisions, attracting better people and allowing bolder strategies to succeed with investor backing. Nicholas Beale uses research gathered from leading FTSE 100 chairmen, directors, non-executive directors and investors to explore their changing roles. What emerges is a fascinating and instructive picture of constructive engagement; an approach that sees these companies (and the people behind them), each in their own way, address the challenges that are at the heart of global capitalism, and that have lead to the Higgs Review, Sarbanes-Oxley and other regulatory attempts to address corporate mismanagement. From discussions with over 100 leading practitioners, detailed studies of three leading companies, three leading investors and an extended case study on investor engagement at Royal Dutch Shell, the author draws a series of ideas and guidance for all of the parties involved. Sadly this book has come too late for the directors and investors of those companies that have crashed and burned, but all others who are, or aspire to be, directors or significant investors in listed companies should read this book, learn the lessons it has to offer and start adopting them in the organization(s) with which you work and in the portfolios you develop. For more information visit www.conseng.net

Constructive Engagement: Directors and Investors in Action

The relationships between investors, directors and companies have never been so vital, or so confusing. Gone are the days when being a non-executive director (NED) meant an agreeable lunch and when CEOs wanted them to meet investors 'over my dead body'. Even the most admired companies can be engulfed in scandal and the NEDs find themselves having to drive through fundamental changes. The corporate environment is full of pitfalls for unwary boards. And there are plenty of headline stories of directors who have failed to measure up. Equally, a high quality board which has the confidence of the investors is a major strategic asset: making better decisions, attracting better people and allowing bolder strategies to succeed with investor backing. Nicholas Beale uses research gathered from leading FTSE 100 chairmen, directors, non-executive directors and investors to explore their changing roles. What emerges is a fascinating and instructive picture of constructive engagement; an approach that sees these companies (and the people behind them), each in their own way, address the challenges that are at the heart of global capitalism, and that have lead to the Higgs Review, Sarbanes-Oxley and other regulatory attempts to address corporate mismanagement. From discussions with over 100 leading practitioners, detailed studies of three leading companies, three leading investors and an extended case study on investor engagement at Royal Dutch Shell, the author draws a series of ideas and guidance for all of the parties involved. Sadly this book has come too late for the directors and investors of those companies that have crashed and burned, but all others who are, or aspire to be, directors or significant investors in listed companies should read this book, learn the lessons it has to offer and start adopting them in the organization(s) with which you work and in the portfolios you develop. For more information visit www.conseng.net

Constructive Interventions: Paradigms, Process and Practice of International Mediation

In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR—and particularly the recent development of mediated third party intervention from an ‘art’ to a veritable ‘science’—must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world—where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest—and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: • illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method’s critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and—in accordance with the changing parameters of international law—even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.

Constructive Side-Channel Analysis and Secure Design: 14th International Workshop, COSADE 2023, Munich, Germany, April 3–4, 2023, Proceedings (Lecture Notes in Computer Science #13979)

This book constitutes the refereed proceedings of the 14th International Workshop on Constructive Side-Channel Analysis and Secure Design, COSADE 2023, held in Munich, Germany, during April 3–4, 2023. The 12 full papers included in this book were carefully reviewed and selected from 28 submissions. They were organized in topical sections as follows: fault-injection analyses and countermeasures; side-channel analyses and countermeasures; attacks on PQC and countermeasure; and analyses and tools.

Constructive Side-Channel Analysis and Secure Design: 15th International Workshop, COSADE 2024, Gardanne, France, April 9–10, 2024, Proceedings (Lecture Notes in Computer Science #14595)

This book constitutes the refereed proceedings of the 15th International Workshop on Constructive Side-Channel Analysis and Secure Design, COSADE 2024, held in Gardanne, France, during April 9–10, 2024. The 14 full papers included in this book were carefully reviewed and selected from 42 submissions. They were organized in topical sections as follows: Analyses and Tools; Attack Methods; Deep-Learning-Based Side-Channel Attacks; PUF/RNG; and Cryptographic Implementations.

Consular Authority Over Seamen from the United States Point of View

Consulting for Business Sustainability

The fast-emerging sustainability consulting firms are nipping at the heels of the established consultancy giants who are scrambling to find their way in the emergent field of sustainability. The upstarts are challenging many of the established notions of how to add value to their clients' operations. By looking at the business world through what the sustainability expert Stuart Hart calls "new sustainability lenses", sustainability consultants are able to make sense of challenges that are baffling their clients. Moreover, they are also beginning to help their clients uncover new and sustainable value streams, the ultimate goal of good consulting practice. In Consulting for Business Sustainability sustainability consultants from around the world offer some of their perspectives and lessons on how to truly create sustainable value for their clients. Packed with new tools, advice and approaches, the book comprises a unique collection of wisdom from some of the leading lights in sustainability consulting practice. The areas covered include: developing best-in-class environmental management systems; sustainable design; supporting organisational change agents; working with key stakeholders; social impact assessments; human rights; and regulatory risk. The book will be essential reading for practitioners in business searching for advice and toolkits on how to make their sustainability initiatives bear fruit, for consultants looking for advice on how others have provided value to clients, and for students of sustainability looking for best-practice examples and exploring future careers in this burgeoning field.

Consulting for Business Sustainability: A Special Themed Issue Of Greener Management International (issue 54)

The fast-emerging sustainability consulting firms are nipping at the heels of the established consultancy giants who are scrambling to find their way in the emergent field of sustainability. The upstarts are challenging many of the established notions of how to add value to their clients' operations. By looking at the business world through what the sustainability expert Stuart Hart calls "new sustainability lenses", sustainability consultants are able to make sense of challenges that are baffling their clients. Moreover, they are also beginning to help their clients uncover new and sustainable value streams, the ultimate goal of good consulting practice. In Consulting for Business Sustainability sustainability consultants from around the world offer some of their perspectives and lessons on how to truly create sustainable value for their clients. Packed with new tools, advice and approaches, the book comprises a unique collection of wisdom from some of the leading lights in sustainability consulting practice. The areas covered include: developing best-in-class environmental management systems; sustainable design; supporting organisational change agents; working with key stakeholders; social impact assessments; human rights; and regulatory risk. The book will be essential reading for practitioners in business searching for advice and toolkits on how to make their sustainability initiatives bear fruit, for consultants looking for advice on how others have provided value to clients, and for students of sustainability looking for best-practice examples and exploring future careers in this burgeoning field.

Consulting Governance: Implementing Guidelines for Successful Projects (Business Guides on the Go)

Every consulting project has its governance, which is not always explicitly agreed with the client. This book describes the fundamentals of governance in consulting projects and explains the concept and the concrete implementation in practice. It describes the individual elements of consulting governance and illustrates the implementation with practical examples, accompanied by frameworks, reference models, roadmaps and checklists that facilitate the transfer into practice. In addition, the opportunities and risks of consulting governance are presented from the perspective of both the consulting client and the service provider, and the future of international developments of governance consulting are highlighted.The book is aimed at consultants, coaches, trainers and mediators as well as executives and project managers who are responsible for the implementation of consulting projects.

Consumer ADR in Europe (Civil Justice Systems)

This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) work, the differing national architectures within which they operate and how they can be improved. It describes ADR schemes in Belgium, France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors' findings underpin EU and national developments, and outline options for future policy. Findings and proposals are included for the functions, scope, performance, essential requirements, architecture and operation of ADR systems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have a major impact on European legal systems.

Consumer ADR in Europe (Civil Justice Systems)

This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) work, the differing national architectures within which they operate and how they can be improved. It describes ADR schemes in Belgium, France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors' findings underpin EU and national developments, and outline options for future policy. Findings and proposals are included for the functions, scope, performance, essential requirements, architecture and operation of ADR systems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have a major impact on European legal systems.

Consumer Bankruptcy in Global Perspective

Consumer Bankruptcy and over-indebtedness is an emerging field throughout the world. This book provides a comparative appraisal of global developments in this area. It is one of the first book length publications focusing on comparative consumer bankruptcy and over-indebtedness. It combines theoretical and empirical studies of bankruptcy regimes and consumer credit in civilian and common law jurisdictions as well as exploring current reform trends. The book will be of interest to academics, policymakers and law reformers as well as to practitioners.

Consumer Bankruptcy Law: A Practical Guide for Students and Professionals

This practical and invaluable textbook covers the principles and practice of U.S. consumer bankruptcy law, known as Chapter 7 and Chapter 13, for paralegals and legal studies students. Consumer Bankruptcy Law provides step-by-step guidance on handling a bankruptcy case, from client interviews to preparing and filling the bankruptcy petition, as well as the issues which may arise after. Featuring practical examples throughout, the book ensures that you will become familiar not only with core legal concepts but also with the real-life issues and pitfalls that can occur. Screenshots on how to complete a bankruptcy petition are featured, along with flowcharts of the processes of consumer bankruptcy law in the U.S. and exercises to test your knowledge at the end of each chapter. Including online resources for both students and instructors to benefit from, such as multiple-choice questions and PowerPoints summarizing each chapter, Consumer Bankruptcy Law: A Practical Guide for Students and Professionals will be an indispensable resource for anyone engaging in this important area of legal practice.

Consumer Bankruptcy Law: A Practical Guide for Students and Professionals

This practical and invaluable textbook covers the principles and practice of U.S. consumer bankruptcy law, known as Chapter 7 and Chapter 13, for paralegals and legal studies students. Consumer Bankruptcy Law provides step-by-step guidance on handling a bankruptcy case, from client interviews to preparing and filling the bankruptcy petition, as well as the issues which may arise after. Featuring practical examples throughout, the book ensures that you will become familiar not only with core legal concepts but also with the real-life issues and pitfalls that can occur. Screenshots on how to complete a bankruptcy petition are featured, along with flowcharts of the processes of consumer bankruptcy law in the U.S. and exercises to test your knowledge at the end of each chapter. Including online resources for both students and instructors to benefit from, such as multiple-choice questions and PowerPoints summarizing each chapter, Consumer Bankruptcy Law: A Practical Guide for Students and Professionals will be an indispensable resource for anyone engaging in this important area of legal practice.

The Consumer Benchmarks in the Unfair Commercial Practices Directive (Studies in European Economic Law and Regulation #5)

This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive’s goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.

Consumer Casualties: Exploring the Economics of Habit, Information, and Uncertainty in Japan

Junmin Wan takes a two prong approach to analysing this pressure in Japan in his new volume Consumer Casualties. He first clarifies the consumer preference for habit to identify useful approaches toward solving a number of economic issues, such as gambling and other addictive practices.

Consumer Credit: Law and Practice (Practical Finance and Banking Guides)

The field of consumer credit law has undergone major and fundamental change in the recent past, due in part to the regulation since 1 April 2014 of consumer credit by the Financial Conduct Authority, and this book provides a clear and complete guide to this difficult area of law. Fully updated for the second edition, the author considers new developments including: the new authorisation process under the Financial Services and Markets Act 2000, including the interim permission regime, and its consequences; the new regime for financial promotions as applied to credit and hire advertising; the new rules controlling high cost short term lending and peer to peer lending; the new provisions of the recently released Consumer Credit Sourcebook (CONC); the new requirements governing mortgage lending as contained in MCOB; the requirements for distance selling and off-premises contracts as applied to consumer credit and consumer hire including the impact of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; the jurisdiction of the financial ombudsman service on consumer credit. Also considered is the recent case law on the powerful unfair relationships jurisdiction. This comprehensive and practical guide is essential reading for legal practitioners, finance houses, credit reference agencies and retail organisations.

Consumer Credit: Law and Practice (Practical Finance and Banking Guides)

The field of consumer credit law has undergone major and fundamental change in the recent past, due in part to the regulation since 1 April 2014 of consumer credit by the Financial Conduct Authority, and this book provides a clear and complete guide to this difficult area of law. Fully updated for the second edition, the author considers new developments including: the new authorisation process under the Financial Services and Markets Act 2000, including the interim permission regime, and its consequences; the new regime for financial promotions as applied to credit and hire advertising; the new rules controlling high cost short term lending and peer to peer lending; the new provisions of the recently released Consumer Credit Sourcebook (CONC); the new requirements governing mortgage lending as contained in MCOB; the requirements for distance selling and off-premises contracts as applied to consumer credit and consumer hire including the impact of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; the jurisdiction of the financial ombudsman service on consumer credit. Also considered is the recent case law on the powerful unfair relationships jurisdiction. This comprehensive and practical guide is essential reading for legal practitioners, finance houses, credit reference agencies and retail organisations.

Consumer Credit, Debt and Bankruptcy: Comparative and International Perspectives

After a long period of prosperity and steady economic growth, the world's leading economies are now in crisis, and although there will be debate about its origins, the scale and seriousness of the crisis is in no doubt. There is also no doubt that excessive amounts of consumer credit, allied to a weak understanding of how globalised credit markets might react to a crisis, have played a significant part. This book, which is primarily about credit, debt and the trouble they have led to, is written by authors who have specialised in researching into over-indebtedness, that is, situations in which an individual's debt burden has become overwhelming. For these authors the plight of individuals is a primary concern, but the wider issue is how credit is used and how it changes societies. The essays in this volume, addressing topics which are fundamental to our understanding of the current crisis, range widely across the whole sector of consumer finance, including mortgages, 'credit-binges', the regulation of consumer lending, insolvency, repayment plans, debt counselling and much more besides. The conclusions drawn from the book are equally wide-ranging, but above all the lesson learned from these essays is that the financialisation of contemporary life ensures that issues of the appropriate role of credit remain of critical importance in society.