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Rule of Law and the Challenges Posed by the Pandemic: Contributions to the World Law Congress 2021 in Barranquilla
by Rainer Arnold Javier CremadesThe rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
Rule of Law for Nature
by Christina Voigt'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature. ' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.
Rule of Law in China: A Ten-year Review (2002-2012) (Research Series on the Chinese Dream and China’s Development Path #1)
by Lin Li He Tian Yanbin LvThis volume summarizes the achievements on rule of law in China for the ten years from 2002 to 2012, particularly focusing on areas such as judicial review, anti-monopoly, reform of government agencies, the circulation of rural Land contracted management rights, and the protection of children’s rights. It also considers the prospects for rule of law in China in the future. With numerous tables and screenshots to illustrate the text and provide a comprehensive overview and insights into China’s rule of law establishment, it appeals to readers interested in judicial reform, rural medical service, children’s rights protection and anti-monopoly.
Rule of Law in Crisis: Constitutionalism in a State of Flux (Routledge Research in Public Law)
by Martin BelovThis book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including, the risks of judicial activism, politicization of the courts and the judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.
Rule of Law in Europe
by Paulo Pinto de Albuquerque Filipe MarquesThis open access book discusses the state of rule of law protection in Europe, by considering recent challenges to judiciary independence in EU countries. The purpose of the book is to advance solutions to such challenges. It looks at the challenges from the perspective of EU law and ECHR law and puts forward solutions for its improvement and paths of action to be taken by EU political institutions to solve the problems. The book consists of communications presented by leading European scholars, judges and prosecutors, in a conference in Lisbon, organised by Prof. Paulo Pinto de Albuquerque and Judge Filipe Marques.
Rule of Law, Common Values, and Illiberal Constitutionalism: Poland and Hungary within the European Union (Comparative Constitutional Change)
by Tímea Drinóczi and Agnieszka Bień-KacałaThis book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.
Rules and Practices of International Investment Law and Arbitration (Law in Context)
by Yannick RadiInternational investment law and arbitration is its own 'galaxy', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it.
Rules for Trade in Services 2.0: Adapting the GATS to a Changing Trade Landscape (Routledge Research in International Economic Law)
by Gabriel GariThis book explores the adaptating process of the General Agreement on Trade in Services (GATS) to a constantly changing trade and policy context.The adoption of the General Agreement on Trade in Services (GATS), a multilateral agreement with stand-alone rules and principles for the governance of trade and investment in services, represented a watershedin the history of global trade governance. Over three decades after the drafting of the Agreement, WTO Members struggle to deliver on the GATS’ mandate to achieve progressively higher levels of trade liberalisation in a radically different trade and policy landscape. Against this background, this book examines the contribution of the WTO negotiating, adjudicative, and deliberative functions to adapting the GATS to changing circumstances. The book uncovers an extremely flexible and adaptable agreement whose full potential has yet to be realised due to a complex set of factors weighing more broadly on the use of the WTO functions. The book distils the factors at play that constrain WTO Members’ capacity to adapt the Agreement to changing circumstances and explores potential pathways to overcome them.The book will be of interest to scholars, policy makers, and trade diplomats interested in understanding the factors and processes conditioning the adaptation of a multilateral trade agreement to changing trade and policy circumstances.
Rules of Contract Law: 2019-2020 (Supplements Series)
by Charles L. Knapp Nathan M. Crystal Harry G. PrinceThis convenient paperback from a highly respected author team supplements the authors’ own casebook as well as any other casebook for Contracts. It reproduces most sections from the Restatement (Second) of Contracts black-letter text with selected comments, examples, and illustrations; most sections of the Uniform Commercial Code Articles 1 and 2, with more select sections of Articles 2A, 3 and 9; most articles from the United Nations Convention on Contracts for the International Sale of Goods (CISG); and many articles from the UNIDROIT Principles of International Commercial Contracts. <p><p>This supplement also reproduces excerpts from other relevant source materials and provides accompanying commentary to enhance the study of contract law.
Rules of Disengagement (Goldstein-Goren American Jewish History)
by Marjorie Cohn Kathleen GilberdLessons from veterans and active duty service members in opposition to US interventionist military policyRules of Disengagement examines the reasons men and women in the military have disobeyed orders and resisted the wars in Iraq and Afghanistan. It takes readers into the courtroom where sailors, soldiers, and Marines have argued that these wars are illegal under international law and unconstitutional under US law. Through the voices of active duty service members and veterans, it explores the growing conviction among our troops that the wars are wrong. While the Obama Administration’s pledge to remove all American troops from Iraq by the end of 2011 is encouraging – and in no small way likely attributable to resistance by our armed forces – it continues to fight in Afghanistan, and the military may soon have a heightened presence elsewhere in the Middle East and in Africa. As such, Rules of Disengagement provides inspiration and lessons for anyone who opposes an interventionist US military policy.
Rules of Evidence in International Arbitration: An Annotated Guide (Lloyd's Arbitration Law Library)
by Nathan D. O'MalleyNow in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. <P><P> Features of this book include: <li>An international scope, which will inform readers from around the world <li>A focus on evidentiary procedure, with extensive case-based commentary and examples <li>Extensive annotations, which allow the reader to locate key precedents for use in practice <P><P> This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.
Rules of Law and Laws of Ruling: On the Governance of Law (Law, Justice and Power)
by Julia Eckert Franz von Benda-Beckmann Keebet von Benda-BeckmannOffering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.
Rules of the Company Road
by Garrett SuttonWhen driving a car you need to know the rules of the road. You've learned, and now know as second nature, that you can get home safely by following these rules. The same applies when running a business or investment. You most likely know you'll be better protected when using a corporation, limited liability company (LLC) or limited partnership (LP), all of which offer asset protection. But by using each entity (a corporation, LLC or LP legally chartered by a U.S. state) there are certain rules you must follow to stay protected and operate in the clear.A large body of these rules are called the corporate formalities. These are the obligations to keep your entity active with the state, to hold meetings once a year and to file tax returns, among other requirements. Failure to follow the formalities can lead to a piercing of the corporate veil and a loss of limited liability protection. By piercing the corporate veil a creditor can reach through the entity and get at an owner's personal assets. Suffice it to say, you do not want your veil pierced.This ebook primer discusses these formalities in detail to help you maintain your corporate veil.
Rules of the Road: The Automobile and the Transformation of American Criminal Justice
by Spencer HeadworthA thorough and engaging look at an unexpected driver of changes in the American criminal justice system Driving is an unavoidable part of life in the United States. Even those who don't drive much likely know someone who does. More than just a simple method of getting from point A to point B, however, driving has been a significant influence on the United States' culture, economy, politics – and its criminal justice system. Rules of the Road tracks the history of the car alongside the history of crime and criminal justice in the United States, demonstrating how the quick and numerous developments in criminal law corresponded to the steadily rising prominence, and now established supremacy, of the automobile. Spencer Headworth brings together research from sociology, psychology, criminology, political science, legal studies, and histories of technology and law in illustrating legal responses to changing technological and social circumstances. Rules of the Road opens by exploring the early 20th-century beginnings of the relationship between criminal law and automobility, before moving to the direct impact of the automobile on prosecutorial and criminal justice practices in the latter half of the 20th century. Finally, Headworth looks to recent debates and issues in modern-day criminal justice to consider what this might presage for the future. Using a seemingly mundane aspect of daily life as its investigative lens, this creative, imaginative, and thoroughly researched book provides a fresh perspective on the transformations of the U.S. criminal justice system.
Rules, Contracts and Law Enforcement in the Ottoman Empire: The Case of Tax-Farming Contracts (Palgrave Studies in Institutions, Economics and Law)
by Fuat Oğuz Bora AltayThis book examines the role of institutions and law on the economic performance of the Ottoman Empire between 1500 and 1800. By focussing on the pre-industrial period, the transition to industrialisation and the mechanisms behind it can be explored. Particular attention is given to the allocation of financial resources towards more productive and efficient economic activities and the role this played in economic divergence among societies. A comparative analysis with European societies highlights the importance of non-economic institutions during the pre-industrial period. This book aims to provide new analytical perspectives and ways of thinking about how the Ottoman Empire lost its powerful economic and political structures. It is relevant to students and researchers interested in economic history, law and economics, and the political economy.
Rules, Rubrics and Riches: The Interrelations between Legal Reform and International Development
by Shailaja FennellRules, Rubrics and Riches highlights the limitations of existing approaches to understanding the relationship of the law to the process of development. It interrogates neoclassical economic thinking that draws on the narrow rubric of self-interest to understand the acquisition of riches. It takes issue with both the traditional ‘law and development’ movement, that was unable to shake colonial overtones, and the more recent ‘law and economics’ school that continues to emphasise the centrality of rational man at the micro level and the superiority of linear models of economic progress at the macro level. Written as an analysis of and commentary on the contribution of the law to international development, using legal cases and development trajectories in China, India and Malaysia, the book makes the case that individuals do not operate in a vacuum but rather within the social contexts of larger human structures such as family, community and nation. Rules, Rubrics and Riches is distinctive in the view that demanding equality for the individual is inappropriate if this occurs without looking at the broader context of the need for equity: within families, communities and nations. The book offers a new frame for 'law and development' thinking that point to a new set of rules, using a broader rubrics to ensure a sustainable accumulation of riches. It will be of interest to students and scholars working in the fields of law and development, development studies and international and comparative law.
Ruling Before the Law: The Politics Of Legal Regimes In China And Indonesia (Cambridge Studies In Law And Society )
by William HurstHow do legal systems actually operate outside of Western European or North American liberal democracies? To understand law and legal institutions globally, we must go beyond asking if countries comply with idealized, yet under-theorized, rule of law principles to determine how they work in practice. <P> <P>Examining legal regimes across different areas of criminal and civil law in both urban and rural China and Indonesia during distinct periods from 1949 to the present, William Hurst offers a new way of understanding how cases are adjudicated (and with what implications) across authoritarian, developing, post-colonial, and newly democratizing settings. <P>This is the first systematic comparative study of the world's largest Communist and majority-Muslim nations, and the most comprehensive scholarly work in many years on the micro-level workings of either the Chinese or Indonesian legal system at the grassroots, based on a decade of research and extensive fieldwork in multiple Indonesian and Chinese provinces.
Ruling Passions: A Theory of Practical Reasoning
by Simon BlackburnSimon Blackburn puts forward a compelling and original philosophy of human motivation and morality. Why do we behave as we do? Can we improve? Is our ethics at war with our passions, or is it an upshot of those passions? Blackburn seeks the answers to such questions in an exploration of the nature of moral emotions and the structures of human motivation. He develops a naturalistic ethics, which integrates our understanding of ethics with the rest of our understanding of the world we live in. His theory does not debunk the ethical by reducing it to the non-ethical, and it banishes the spectres of scepticism and relativism that have haunted recent moral philosophy. Ruling Passions reveals how ethics can maintain its authority even though it is rooted in the very emotions and motivations that it exists to control.
Ruling by Cheating: Governance in Illiberal Democracy (Cambridge Studies in Constitutional Law)
by András SajóThere is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.
Ruling the Law: Legitimacy and Failure in Latin American Legal Systems (ASCL Studies in Comparative Law)
by Jorge L. EsquirolThe North-South global divide is as much about perception and prejudice as it is about economic disparities. Latin America is no less ruled by hegemonic misrepresentations of its national legal systems. The European image of its laws mostly upholds legal legitimacy and international comity. By contrast, diagnoses of excessive legal formalism, an extraordinary gap between law and action, inappropriate European transplants, elite control, pervasive inefficiencies, and massive corruption call for wholesale law reform. Misrepresented to the level of becoming fictions, these ideas nevertheless have profound influence on US foreign policy, international agency programs, private disputes, and academic research. Jorge L. Esquirol identifies their materialization in global governance - mostly undermining Latin American states in legal geopolitics - and their deployment by private parties in transnational litigation and international arbitration. Bringing unrelenting legal realism to comparative law, this study explores new questions in international relations, focusing on the power dynamics among national legal systems.
Ruling the Root: Internet Governance and the Taming of Cyberspace
by Milton L. MuellerIn Ruling the Root, Milton Mueller uses the theoretical framework of institutional economics to analyze the global policy and governance problems created by the assignment of Internet domain names and addresses.
Ruling the World? Constitutionalism, International Law, and Global Governance
by Jeffrey L. Dunoff Joel P. TrachtmanRuling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.
Rumpole a la carte
by John MortimerSix short stories about the irrepressible, cynical, wine-drinking, cigar-smoking defender of British justice.
Rumpole and the Angel of Death
by John MortimerThe six stories are: Rumpole and the Model Prisoner Rumpole and the Way through the Woods Hilda's Story Rumpole and the Little Boy Lost Rumpole and the Rights of Man Rumpole and the Angel of Death
Rumpole of the Bailey
by John MortimerHorace Rumpole, barrister-at-law, takes on a violent robbery, a drug deal, a rape, a divorce, a safe-cracking and a murder in these 6 stories.