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Author: Roberta Arnold
Publisher: BRILL
ISBN: 9047431871
Category : Law
Languages : en
Pages : 608
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Book Description
The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]
Author: Roberta Arnold
Publisher: BRILL
ISBN: 9047431871
Category : Law
Languages : en
Pages : 608
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Book Description
The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]
Author: David Cantor
Publisher: Martinus Nijhoff Publishers
ISBN: 9004261591
Category : Law
Languages : en
Pages : 512
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Book Description
This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.
Author: Laura Restrepo
Publisher: Harper Collins
ISBN: 006072370X
Category : Fiction
Languages : en
Pages : 226
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Book Description
From the acclaimed author of "The Dark Bride" comes a new novella published in a bilingual English/Spanish edition.
Author: Vanessa Holzer
Publisher:
ISBN: 9781780683188
Category :
Languages : en
Pages : 300
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Book Description
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]
Author: Amartya Sen
Publisher: Anchor
ISBN: 030787429X
Category : Business & Economics
Languages : en
Pages : 385
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Book Description
By the winner of the 1988 Nobel Prize in Economics, an essential and paradigm-altering framework for understanding economic development--for both rich and poor--in the twenty-first century. Freedom, Sen argues, is both the end and most efficient means of sustaining economic life and the key to securing the general welfare of the world's entire population. Releasing the idea of individual freedom from association with any particular historical, intellectual, political, or religious tradition, Sen clearly demonstrates its current applicability and possibilities. In the new global economy, where, despite unprecedented increases in overall opulence, the contemporary world denies elementary freedoms to vast numbers--perhaps even the majority of people--he concludes, it is still possible to practically and optimistically restain a sense of social accountability. Development as Freedom is essential reading.
Author: Amartya Sen
Publisher: Harvard University Press
ISBN: 0674060474
Category : Business & Economics
Languages : en
Pages : 497
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Book Description
Presents an analysis of what justice is, the transcendental theory of justice and its drawbacks, and a persuasive argument for a comparative perspective on justice that can guide us in the choice between alternatives.
Author: David Bollier
Publisher: Psychology Press
ISBN: 9780415944823
Category : Business & Economics
Languages : en
Pages : 276
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Book Description
This text exposes the audacious attempts of companies to appropriate medical breakthroughs, public airwaves, outer space, state research, and even the DNA of plants and animals. It is an attempt to develop a new ethos of commonwealth in the face of a market ethic that knows no bounds.
Author: Peter Linebaugh
Publisher: PM Press
ISBN: 1604869011
Category : History
Languages : en
Pages : 449
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Book Description
In this majestic tour de force, celebrated historian Peter Linebaugh takes aim at the thieves of land, the polluters of the seas, the ravagers of the forests, the despoilers of rivers, and the removers of mountaintops. Scarcely a society has existed on the face of the earth that has not had commoning at its heart. “Neither the state nor the market,” say the planetary commoners. These essays kindle the embers of memory to ignite our future commons. From Thomas Paine to the Luddites, from Karl Marx—who concluded his great study of capitalism with the enclosure of commons—to the practical dreamer William Morris—who made communism into a verb and advocated communizing industry and agriculture—to the 20th-century communist historian E.P. Thompson, Linebaugh brings to life the vital commonist tradition. He traces the red thread from the great revolt of commoners in 1381 to the enclosures of Ireland, and the American commons, where European immigrants who had been expelled from their commons met the immense commons of the native peoples and the underground African-American urban commons. Illuminating these struggles in this indispensable collection, Linebaugh reignites the ancient cry, “STOP, THIEF!”
Author: Volker Türk
Publisher: Cambridge University Press
ISBN: 1316773108
Category : Political Science
Languages : en
Pages : 563
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Book Description
The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise.
Author: Bradly J. Condon
Publisher: Kluwer Law International B.V.
ISBN: 9041122265
Category : Law
Languages : en
Pages : 250
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Book Description
The intersection of insurance regulation and trade agreements is of obvious significance to international competitiveness and, thereby, to national welfare. Yet until this masterful study the subject has remained virtually unexplored. Insurance Regulation in North America, far from merely addressing this important area of theory and practice, superbly balances a world of detailed analysis and commentary with deeply insightful interpretation and debate. The book's focus on insurance regulation in three countries allows the authors to approach the subject in an extraordinary depth that could not be achieved in a more global account. In the course of their treatment the authors offer the reader the following invaluable insights, among many others:analysis of the political dimension of reaching agreements and of implementing them;comparison of the three major trade agreements that apply in the North American insurance market'NAFTA, WTO agreements on financial services, and MEUFTA (the Mexico-European Union Free Trade Agreement)'with emphasis on the relationship between GATS and NAFTA principles;investigation of the clear convergence of regulatory schemes and the probable limits to harmonization;discussion of the arbitrage by which companies get around regulatory restrictions and exploit opportunities created by loopholes;clarification of the crucial issues surrounding the role of customary international law principles in investor protection obligations;discussion of the level of government and which government agencies a company must turn to in order to satisfy legal requirements;analysis of the jurisprudence of the Supreme Court of Mexico regarding legal effects of treaties on domestic law;commentary on the effects of demutualization and of mergers and acquisitions;discussion of the effect of the entrenchment of U.S. State regulations and the federal government's lack of clear power to force State compliance; anddescription of dispute settlement procedures between governments. Although important issues arising in each of the three countries are all covered, there is an emphasis on the Mexican market in recognition of Mexico's greater future growth potential and of the relative paucity of relevant literature in English. Major case studies that reveal processes of compliance or conflict are analyzed in detail. For insurance professionals'lawyers, business executives, and policymakers'who want to understand what international trade agreements contain, how they work, and how they affect domestic insurance regulation and business strategy in what is rapidly becoming a global market for insurance and other financial services, this book is a gold mine. Scholars and academics in insurance law and international economic law will also find here a fresh new treatise of great significance.
