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Private Actors in International Investment Law (European Yearbook of International Economic Law)
by Katia Fach GómezThis book presents the first critical review of the less frequently addressed stakeholders in international investment law. Focusing on private actors, including but not limited to lawyers, experts, funders, civil society, the media and scholars, the book highlights the variety of actors that help shape international investment law and demonstrates how best to manage their interactions in order to achieve synergies and enhance the legitimacy of this pluralistic field.
Private and Common Property: Liberty, Property, and the Law
by Richard A. EpsteinFirst published in 2000. Routledge is an imprint of Taylor and Francis, an informa company.
Private Armies And Military Intervention
by David ShearerThe nature and role of paid foreign forces have altered considerably in the late twentieth century. ‘Military companies’ – private firms providing active military assistance, in some cases involving combat – have exploited the increasing reluctance of Western governments and multilateral organizations to intervene directly in civil conflicts. As a result, their influence has increased. David Shearer argues that the debate over the use of these companies – notably the South African firm Executive Outcomes (EO) – has not, however, kept pace with their development. Companies such as EO are widely seen as merely modern-day mercenary outfits exploiting violence for private gain. <p><p> Shearer contends that the need to recast the debate on military companies is urgent. These companies are not a passing phenomenon; if anything, their influence and activities are set to increase in the next century as Western military retrenchment continues. Efforts to restrict the activities of military companies by drafting international or domestic legislation have to date been ineffective, and are likely to remain so. <p> This paper – the first detailed analysis of the private military sector – argues that dismissing it as an unpleasant aberration is misleading and unhelpful. Military companies can claim success in achieving immediate strategic objectives. The author cites two examples at length – EO’s operations in Angola in 1993–94, and in Sierra Leone in 1995–96 – and suggests that military force can stabilize a crisis. Engagement with military companies may create possibilities for them to complement international and regional peacekeeping efforts. Traditional UN peacekeeping is flawed in terms of its speed of mobilization and lines of authority, and is hampered by interference from contributing countries. The private sector may avoid many of these difficulties. <p> Private Armies and Military Intervention concludes that transparency of operations and business relationships is a crucial first step towards ensuring the accountability of the private military sector. However, a coherent policy towards military companies has yet to be formulated. Current frameworks under international law are insufficient and inappropriate. Characterizing the activities of military companies as ‘mercenary’ offers few useful means to tackle the issue within a framework of international policy. What is required is a more pragmatic approach that assesses the effectiveness of – and engages with – private armies.
Private Bodies, Public Texts: Race, Gender, and a Cultural Bioethics
by Karla Fc HollowayIn Private Bodies, Public Texts, Karla FC Holloway examines instances where medical issues and information that would usually be seen as intimate, private matters are forced into the public sphere. As she demonstrates, the resulting social dramas often play out on the bodies of women and African Americans. Holloway discusses the spectacle of the Terri Schiavo right-to-die case and the injustice of medical researchers' use of Henrietta Lacks's cell line without her or her family's knowledge or permission. She offers a provocative reading of the Tuskegee syphilis study and a haunting account of the ethical dilemmas that confronted physicians, patients, and families when a hospital became a space for dying rather than healing during Hurricane Katrina; even at that dire moment, race mattered. Private Bodies, Public Texts is a compelling call for a cultural bioethics that attends to the historical and social factors that render some populations more vulnerable than others in medical and legal contexts. Holloway proposes literature as a conceptual anchor for discussions of race, gender, bioethics, and the right to privacy. Literary narratives can accommodate thick description, multiple subjectivities, contradiction, and complexity.
Private Copying (Routledge Research in Intellectual Property)
by Stavroula KarapapaThis book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is Article 5(2)(b) of the Copyright Directive. Despite the fact that copying for private and non-commercial use is permitted by virtue of this article and the national laws that implemented it, there is no mandate that this privilege should not be technologically or contractually restricted. Because the legal nature of private copying is not settled, users may consider that they have a ‘right’ to private copying, whereas rightholders are in position to prohibit the exercise of this ‘right’. With digital technology and the internet, this tension has become prominent: the conceptual contours of permissible private copying, namely the private and non-commercial character of the use, do not translate well, and tend to be less clear in the digital context. With the permissible limits of private copying being contested and without clarity as to the legal nature of the private coping limitation, the scope of user freedom is being challenged. Private use, however, has always remained free in copyright law. Not only is it synonymous with user autonomy via the exhaustion doctrine, but it also finds protection under privacy considerations which come into play at the stage of copyright enforcement. The author of this book argues that the rationale for a private copying limitation remains unaltered in the digital world and maintains there is nothing to prevent national judges from interpreting the legal nature of private copying as a ‘sacred’ privilege that can be enforced against possible restrictions. Private Copying will be of particular interest to academics, students and practitioners of intellectual property law.
Private Criminal Justice: How Private Parties Are Enforcing Criminal Law And Transforming Our Justice System
by Ric Simmons
Private Equity Unchained: Strategy Insights For The Institutional Investor
by Thomas MeyerThere are significant returns to be made from private equity, infrastructure, real estate and other illiquid investments, but a competitive strategy is essential for investment success and for meeting objectives. This book takes readers through all the considerations of planning and implementing an investment strategy in illiquid investments.
Private Government: How Employers Rule Our Lives (and Why We Don't Talk about It) (The University Center for Human Values Series #44)
by Elizabeth AndersonWhy our workplaces are authoritarian private governments—and why we can't see itOne in four American workers says their workplace is a "dictatorship." Yet that number probably would be even higher if we recognized most employers for what they are—private governments with sweeping authoritarian power over our lives, on duty and off. We normally think of government as something only the state does, yet many of us are governed far more—and far more obtrusively—by the private government of the workplace. In this provocative and compelling book, Elizabeth Anderson argues that the failure to see this stems from long-standing confusions. These confusions explain why, despite all evidence to the contrary, we still talk as if free markets make workers free—and why so many employers advocate less government even while they act as dictators in their businesses.In many workplaces, employers minutely regulate workers' speech, clothing, and manners, leaving them with little privacy and few other rights. And employers often extend their authority to workers' off-duty lives. Workers can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. Yet we continue to talk as if early advocates of market society—from John Locke and Adam Smith to Thomas Paine and Abraham Lincoln—were right when they argued that it would free workers from oppressive authorities. That dream was shattered by the Industrial Revolution, but the myth endures.Private Government offers a better way to talk about the workplace, opening up space for discovering how workers can enjoy real freedom.Based on the prestigious Tanner Lectures delivered at Princeton University's Center for Human Values, Private Government is edited and introduced by Stephen Macedo and includes commentary by cultural critic David Bromwich, economist Tyler Cowen, historian Ann Hughes, and philosopher Niko Kolodny.
Private Guns, Public Health
by David HemenwayOn an average day in the United States, guns are used to kill almost eighty people, and to wound nearly three hundred more. If any other consumer product had this sort of disastrous effect, the public outcry would be deafening; yet when it comes to guns such facts are accepted as a natural consequence of supposedly high American rates of violence. Private Guns, Public Health explodes that myth and many more, revealing the advantages of treating gun violence as a consumer safety and public health problem. David Hemenway fair-mindedly and authoritatively demonstrates how a public-health approach-which emphasizes prevention over punishment, and which has been so successful in reducing the rates of injury and death from infectious disease, car accidents, and tobacco consumption-can be applied to gun violence. Hemenway uncovers the complex connections between guns and self-defense, gun violence and schools, gun prevalence and homicide, and more. Finally, he outlines a policy course that would significantly reduce gun-related injury and death.
Private International Law
by Sai Ramani Garimella Stellina JollyThis book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law - jurisdiction, choice of law and enforcement - within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region - inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.
Private International Law and Arbitral Jurisdiction (Routledge Research in International Law)
by Faidon VaresisInternational commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to explain and regulate jurisdictional intersections at the early stages of an arbitration from a private international law perspective. It combines both an in-depth engagement with the theoretical literature as well as a close examination and analysis of its practical consequences in the form of a restatement of the law of England and Wales. From a methodological perspective, it utilises contemporary theories in private international law to propose a coherent model of regulating arbitral jurisdictions which promotes autonomy and freedom of the parties at this stage. Demonstrating, first, how the theoretical model can be applied in practice and, second, to provide a basis for a potential future top-down or bottom-up approach of adopting the proposed model, it includes a succinct and practical codification of the current state of affairs in relation to the whole spectrum of jurisdictional issues in England and Wales to serve as a useful tool for practitioners considering jurisdictional issues both from the perspective of State courts and from the perspective of arbitral tribunals, as well as academics researching in these areas.
Private International Law Aspects of Corporate Social Responsibility (Ius Comparatum - Global Studies in Comparative Law #42)
by Catherine Kessedjian Humberto Cantú RiveraThis book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses.This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.
Private International Law in China
by Guangjian TuThis book provides a systematic elaboration of Chinese Private International Law, reveals the general techniques concerning conflict of laws in China, explains the detailed Chinese conflict rules for different areas of law, and demonstrates how international civil litigation is pursued in China. Clearly structured and written by a native Chinese scholar specializing in the field, the book's easy-to-read style makes it accessible to a broad readership, while its content makes it a useful reference guide, especially for jurists and researchers.
Private International Law in Commonwealth Africa
by Richard Frimpong OppongThis book provides a comprehensive and comparative examination of private international law in Commonwealth Africa. It offers an unrivalled breadth of coverage in its examination of the law in Botswana, the Gambia, Ghana, Kenya, Lesotho, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. The book is clearly and logically structured - it is organised around broad themes or issues, with country reports and accompanied by detailed commentaries. Drawing on nearly 1500 cases decided by courts in these countries and numerous national statutes, this book covers the four cornerstones of private international law: jurisdiction, choice of law, foreign judgements and arbitral awards enforcement, and international civil procedure. The author also provides an extensive bibliography of the literature on African private international law. Scholars and practitioners alike will find Private International Law in Commonwealth Africa invaluable and illuminating.
Private International Law of Reinsurance and Insurance (Lloyd's Insurance Law Library)
by Raymond Cox Louise Merrett Marcus SmithThe first book dedicated to this subject, Private International Law of Reinsurance and Insurance provides a practical and easy-to-use reference in this complex area of law. This book provides a clear and useful guide to identifying the applicable legal regimes and relevant rules insofar as they concern reinsurance and insurance disputes. It offers authoritative guidance on the Jurisdiction Regulation 44/2001, the Rome Convention on Choice of Law and the 2001 Insurance Directives and regulations, as well as the common law.
Private Investigation and Homeland Security
by Daniel J. BennyThe threat against the homeland continues and the private investigator plays a critical part in this effort. This includes in providing criminal, civil and background investigation, protective service, security consulting and electronic sweeps. The text will provide an overview of the role of private investigation in protection of the homeland and show how such skill can be utilized by business and government in this effort.
Private Law
by Kit Barker Darryn JensenThe relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.
Private Law and Competition Regulation: A Comparative Study (Routledge Research in Competition Law)
by Alberto BrownThis book explores the distinction between private and public aspects in competition law and focuses on how the concept of competition is incorporated into the legal framework.Distinguishing between antitrust regulations and competition-related legal rules in private law, such as unfair competition and contract laws, the book also differentiates between the utilitarian and deontological principles that underpin competition regulation. This historical and philosophical approach is used to compare two influential jurisdictions: England and Spain. These legal systems have had a significant impact on the development of legal rules in Common law and Civilian (Latin American) countries, respectively. Through this lens, the book further analyses the concept of "competition" and its value in each legal tradition. This understanding, in turn, helps clarify the scope of competition regulation within antitrust and private law and how the two fields coexist. Additionally, the book examines the role of property law theory in the context of competition regulation.The book will be of interest to students and scholars in the field of competition law, tort law, and legal history.
Private Law in China and Taiwan
by Chang Yun-Chien Wei Shen Wang Wen-YeuPast research and literature suggest that legal institutions drive economic development. Yet China has grown for decades without the fundamental legal infrastructure that was once considered necessary. This is called the 'China puzzle' or the 'China myth'. By carefully comparing the four key branches of private law in China and Taiwan - a jurisdiction that grew with modest legal institutions and shares similar legal and non-legal culture - this collaborative and novel book demystifies the 'China puzzle'. Top scholars in the field use an economics-focused analytical approach to explain how and why the laws have taken such paths over the past four decades. Comparing property, contract, tort, and corporate laws in China and Taiwan, these authors delve deeply into key doctrines to provide a meaningful account of the evolution of private law in these two jurisdictions.
Private Law in Theory and Practice
by Michael BryanPrivate Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.
Private Law, Nudging and Behavioural Economic Analysis: The Mandated-Choice Model (Markets and the Law)
by Antonios KarampatzosOffering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy. It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the ‘mandated-choice model’. The book is mainly dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach. The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law.
Private Law, Public Law, Metalaw and Public Policy in Space
by Patricia Margaret Sterns Leslie I. TennenThelaw of outer space is rapidly evolving to adapt to changes in the economicdrivers as well as advancements in technological capabilities. The contents of this book are a reflection ofthis changing environment as evidenced in the writings of the second and thirdgenerations of space lawyers. Theoretical aspects of space law are explored by chapters relating tofundamental concepts central to the corpusjuris spatialis. Practical aspectsof space law are probed by examinations into international and domesticregulation of commercial activities, with particular emphasis on African,Asian, and European perspectives. International policy considerations are scrutinized in relation tomilitary uses of outer space. Thescientific Search for Extraterrestrial Intelligence (SETI) is the subject of aconcise history of the discipline vis-a-vis the role of the SETI PermanentCommittee of the International Academy of Astronautics (IAA), and also of astudy of the policy and other ramifications of social media in the event of thediscovery of intelligent extraterrestrial beings. The book concludes with the republication of theseminal and highly influential RelationsWith Alien Intelligences The Scientific Basis of Metalaw by Dr. ErnstFasan, first published in 1970. Scholar,author, and attorney Ernst Fasan was among the original space lawyers, a small,pioneering group of visionaries who recognized that the movement of man intospace must be accomplished without the shackles of history and in anenvironment free from the threat of the use of space as an instrument of armedaggression. The influence of Dr. Fasanhas extended beyond the international legal community to the broader scientificcommunity, especially to the field of astrobiology, as he pursuedgroundbreaking investigations into what could be the ultimate in legalrelationships - metalaw - the interaction of sentient beings from differentplanets. The contributors to this LiberAmicorum are among those who can trace their own work to the foundations ofspace law placed in part by Ernst Fasan.
The Private Life of the Genome: Genetic Information and the Right to Privacy
by Iain BrassingtonThis innovative and engaging book argues that because our genetic information is directly linked to the genetic information of others, it is impossible to assert a ‘right to privacy’ in the same way that we can in other areas of life. This position throws up questions around access to sensitive data. It suggests that we may have to abandon certain intuitions about who may access our genetic information; and it raises concerns about discrimination against people with certain genetic characteristics. But the author asserts that regulating access to genetic information requires a more nuanced perspective that does not rely on the familiar language of rights. The book proposes new ways in which we may think about who has access to what genetic information, and on what basis they do so. Conceptually challenging, the book will prove engaging reading for scholars and students interested in the area of bioethics and medical law, as well as policy makers working with these pressing issues.
Private Military and Security Companies: Ethics, Policies and Civil-Military Relations (Cass Military Studies)
by Andrew Alexandra Deane-Peter Baker Marina CapariniOver the past twenty years, Private Military and Security Companies (PMSCs) have become significant elements of national security arrangements, assuming many of the functions that have traditionally been undertaken by state armies. Given the centrality of control over the use of coercive force to the functioning and identity of the modern state, and to international order, these developments clearly are of great practical and conceptual interest. This edited volume provides an interdisciplinary overview of PMSCs: what they are, why they have emerged in their current form, how they operate, their current and likely future military, political, social and economic impact, and the moral and legal constraints that do and should apply to their operation. The book focuses firstly upon normative issues raised by the development of PMSCs, and then upon state regulation and policy towards PMSCs, examining finally the impact of PMSCs on civil-military relations. It takes an innovative approach, bringing theory and empirical research into mutually illuminating contact. Includes contributions from experts in IR, political theory, international and corporate law, and economics, and also breaks important new ground by including philosophical discussions of PMSCs.
Private Policing: Powers, Culture And Control In The Governance Of Private Space
by Mark ButtonThe second edition of Private Policing details the substantial involvement of private agents and organisations involved in policing beyond the public police. It develops a taxonomy of policing and explores in depth each of the main categories, examining the degree of privateness, amongst several other issues. The main categories include the public police; hybrid policing such as state policing bodies, specialised police forces and non-governmental organisations; voluntary policing; and the private security industry. This book explores how the public police and many other state bodies have significant degrees of privateness, from outright privatisation through to the serving of private interests. The book provides a theoretical framework for private policing, building upon the growing base of scholarship in this area. Fully revised, this new edition not only brings the old edition up to date with the substantial scholarship since 2002, but also provides more international context and several new chapters on: corporate security management, security officers, and private investigation. There is also a consideration of what the book calls the ‘new private security industry’ working largely in cyber-space. Bringing together research from a wide range of projects the author has been involved with, along with the growing body of private policing scholarship, the book shows the substantial involvement of non-public police bodies in policing and highlights a wide range of issues for debate and further research. Private Policing is ideal reading for students of policing and security courses, academics with an interest in private policing and security, and practitioners from security and policing.