Balancing of interests

liber amicorum Peter Hay zum 70. Gerburtstag

Author: Hans-Eric Rasmussen-Bonne

Publisher: Verlag Recht und Wirtschaft

ISBN: 9783800514373

Category: Comparative law

Page: 533

View: 8240

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The Balancing of Interests in Environmental Law in Africa

Author: N.A

Publisher: PULP

ISBN: 1920538054

Category: Environmental law

Page: 661

View: 7074

"Now that economic development is starting to pick up in many countries in Africa, the question arises how such development can be balanced with the need for adequate environmental protection. This crucial issue, inherent in the notion of sustainable development, is addressed in this innovative and path-breaking volume. For the first time, academics from seventeen African countries have joined forces to analyse the way in which economic and environmental interests are balanced in their legal systems. The authors all use a common framework to improve the comparability of the country studies. The different country-related chapters do not only provide insights into the formally applicable legal rules (law in the books), but given that the book brings together academics aware of the practice in Africa, they also describe the way in which environmental policy functions in practice (law in action). Many case studies, with conceptual analyses are provided of pollution incidents and the way in which administrative agencies or courts have on those occasions balanced the interests between the economy, society and the environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy reform are also formulated, showing African countries how they can benefit from experiences in the US and Europe. This thought provoking volume is a must for anyone (academic, policymaker or practitioner) interested in sustainable development generally and in Africa in particular."--P. [4] of cover.
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Balancing Constitutional Rights

The Origins and Meanings of Postwar Legal Discourse

Author: Jacco Bomhoff

Publisher: Cambridge University Press

ISBN: 1107662060

Category: Law

Page: 250

View: 1002

The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today.
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Balancing Copyright Law in the Digital Age

Comparative Perspectives

Author: Roberto Caso,Federica Giovanella

Publisher: Springer

ISBN: 3662446480

Category: Law

Page: 135

View: 494

This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of law.
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The Oxford Handbook of Church and State in the United States

Author: Derek H. Davis

Publisher: Oxford University Press

ISBN: 0190208783

Category: Religion

Page: 592

View: 4010

Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.
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A Law Unto Itself

How the Ontario Municipal Board Has Developed and Applied Land Use Planning Policy

Author: John George Chipman,Institute of Public Administration of Canada

Publisher: University of Toronto Press

ISBN: 9780802036254

Category: Architecture

Page: 259

View: 9845

Illuminates OMB practices of overturning municipal land-use planning decisions to impose its own policies, which are generally protective of private interests, and of applying provincial planning policies within the context of its own standards.
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The Foundations of International Investment Law

Bringing Theory into Practice

Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191508586

Category: Law

Page: 586

View: 1490

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
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Rights and Reason

Essays in Honor of Carl Wellman

Author: Marilyn Friedman,Larry May,K. Parsons,J. Stiff

Publisher: Springer Science & Business Media

ISBN: 9401594031

Category: Philosophy

Page: 277

View: 3716

The papers in this book have been collected in celebration of Carl Wellman, who, after forty-five years, is retiring from teaching. Here I would like to highlight a few of the moments which have shaped Carl as a person and a philosopher. Although his childhood was not unhappy, Carl faced considerable challenges growing up in Manchester, New Hampshire. He ne ver knew his father; he and his mother, Carolyn, had little money; and he fought a long battle with Stevens-Johnson Syndrome, an illness which made hirn more familiar with hospitals than any young person should be. (His mother once told me that there were times when the doctors put Carl in his own hospital room because, while he was too young to be housed with adult men, they did not want the other children to see hirn die. ) Following a year of physician-prescribed rest after high school, the doctors recommended the University of Arizona in the misguided hope that the desert climate might improve his health. In spite of the doctors' hopes, life in Tucson was not easy. The heat takes its toll on everyone, but the desert was especially oppressive for Carl since his unusually sensitive eyes were no match for the intense sun. Still, Carl enjoyed college.
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Freedom of Speech: The Supreme Court and Judicial Review

Author: Martin Shapiro

Publisher: Quid Pro Books

ISBN: 1458196860

Category: Law

Page: 194

View: 1091

One of the great continuing disputes of U.S. politics is about the role of the Supreme Court. Another is about the First Amendment. This book is about both. A classic defense of the openly political role of the Court, this book belies the notion reasserted recently by Chief Justice Roberts that judges are just neutral umpires. Especially in the area of speech, judges make policy; they create law.
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Epistemology and Ontology

IVR-Symposium, Lund, 2003

Author: Kurt Seelmann,International Association for Philosophy of Law and Social Philosophy. Schweizer Sektion. Tagung

Publisher: Franz Steiner Verlag

ISBN: 9783515085915

Category: Social Science

Page: 174

View: 4794

Inhalt Kurt Seelmann: Vorwort Bernard Baertscchi: La dignit� de l'homme et l'int�grit� de la personnne Quelques pr�cisions conceptuelles Mario A. Cattaneo: Menschenwuerde bei Kant Horst Dreier: Bedeutung und systematische Stellung der Menschenwuerde im deutschen Grundgesetz Christoph Enders: Die Menschenwuerde als Recht auf Rechte - die mi�verstandene Botschaft des Bonner Grundgesetzes George P. Fletcher: In Search of Absolutes: Human Dignity and its Biblical Roots Otto Lagodny: Menschenwuerde im Strafrecht - am Beispiel der grundrechtlichen Legitimation staatlichen Strafens Gerhard Luf: Menschenwuerde in der Philosophie des Deutschen Idealismus Philippe Mastronardi: Verrechtlichung der Menschenwuerde - Transformation zwischen Religion, Ethik und Recht Mototsugu Nishino: Menschenwuerde als Rechtsbegriff in Japan Rainer J. Schweizer / Franziska Sprecher: Menschenwuerde im V�lkerrecht Werner Wolbert: Menschenwuerde als Anspruch und Beschr�nkung.
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Intellectual Property in the Global Trading System

EU-China Perspective

Author: Wei Shi

Publisher: Springer Science & Business Media

ISBN: 3540777377

Category: Law

Page: 324

View: 8015

After exploring multifaceted issues of IPR enforcement, this book argues that the problems with it are not an actual outcome of Confucian philosophy and "to steal a book" is not an "elegant offence." This book demonstrates that counterfeiting and piracy are inevitable consequences of inadequate economic development. It goes on to state that they are a by-product of a unique set of socioeconomic crises that have their origin in a dysfunctional institutional regime.
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The Foundations of European Private Law

Author: Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 1847318339

Category: Law

Page: 648

View: 300

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
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History of International Law · Foundations and Principles of International Law · Sources of International Law · Law of Treaties

Published under the Auspices of the Max Planck Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt

Author: Yong Zhou

Publisher: Elsevier

ISBN: 1483257010

Category: Law

Page: 572

View: 8214

History of International Law · Foundations and Principles of International Law · Sources of International Law · Law of Treaties
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Successful Management by Motivation

Balancing Intrinsic and Extrinsic Incentives

Author: Bruno S. Frey,Margit Osterloh

Publisher: Springer Science & Business Media

ISBN: 9783540424017

Category: Business & Economics

Page: 306

View: 3132

Motivated employees play a crucial role in creating a companys sustainable competitive advantage. Successful Management by Motivation shows that in a knowledge-based society, this goal cannot be achieved by extrinsic motivation alone. Pay for performance often even hurts because it crowds out intrinsic motivation. To succeed, companies have to find ways of fostering and sustaining intrinsic motivation. With the help of in-depth case studies, representative surveys, and analysis based on a large number of firms and employees, this work identifies the various aspects of motivation in companies and shows how the right combination of intrinsic and extrinsic motivation can be achieved.
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Balancing the National Interest

U.S. National Security Export Controls and Global Economic Competition

Author: Panel on the Impact of National Security Controls on International Technology Transfer,Committee on Science, Engineering, and Public Policy,National Academy of Sciences, National Academy of Engineering, Institute of Medicine

Publisher: National Academies Press

ISBN: 0309542707

Category: Technology & Engineering

Page: 295

View: 2002

The U.S. national security export controls system--which was instituted to impede Soviet acquisition of high technology from the West--is both necessary and appropriate. Balancing the National Interest provides a thorough analysis of this controls system, examining the current system of laws, regulations, international agreements, and organizations that control the international transfer of technology through industrial channels. Foreign Affairs calls it "the best on the subject to have been published in the 40 years that the United States has exercised controls on exports that might add to Soviet power."
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Religious Liberty, Volume 2

The Free Exercise Clause

Author: Douglas Laycock

Publisher: Wm. B. Eerdmans Publishing

ISBN: 0802865224

Category: Religion

Page: 856

View: 933

One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the U.S. appellate courts and Supreme Court. His noteworthy scholarly and popular writings are being collected in four comprehensive volumes under the title Religious Liberty. This first volume gives the big picture of religious liberty in the United States, fitting a vast range of disparate disputes into a coherent pattern - from public school prayers toprivate school vouchers to regulation of churches and believers. Laycock's clear overviews provide the broad, historical, helpful context often lacking in today's press.
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Heritage under Siege

Military Implementation of Cultural Property Protection Following the 1954 Hague Convention

Author: Joris Kila

Publisher: BRILL

ISBN: 9004228535

Category: Social Science

Page: 342

View: 9434

Drawing on the results of a multidisciplinary research a first comprehensive picture of cultural property protection involving the military is presented. Practical, legal and contemplative aspects are considered while presenting a fascinating new discipline in heritage related studies.
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The Relationship Rights of Children

Author: James G. Dwyer

Publisher: Cambridge University Press

ISBN: 1139452754

Category: Law

Page: N.A

View: 8025

This book presents a sustained theoretical analysis of what rights children should possess in connection with state decision making about their personal relationships which the state does in numerous aspects of family law, including paternity, adoption, custody and visitation, termination of parental rights, and grandparent visitation. It examines the nature and normative foundation of adults' rights in connection with relationships among themselves and then assesses the extent to which the moral principles underlying adults' rights apply also to children. It concludes that the law should ascribe to children rights equivalent (though not identical) to those which adults enjoy, and this would require substantial changes in the way the legal system treats children, including a reformation of the rules for establishing legal parent-child relationships at birth and of the rules for deciding whether to end a parent-child relationship.
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Design Review

Challenging Urban Aesthetic Control

Author: Brenda C. Scheer,Wolfgang F.E. Preiser

Publisher: Springer Science & Business Media

ISBN: 1461526582

Category: Political Science

Page: 219

View: 735

That the topic ofdesign review is somehow trou My biases are clearfrom the start: I am among blesome is probably one thing all readers can those who believe that, despite all signals to the contrary, the physical structure of our environ agree on. Beyond this, however, I suspect pros pects of consensus are dim. Differing opinions ment can be managed, and that controlling it is on the subject likely range from those desiring the key to the ameliorationofnumerous problems control tothosedesiringfreedom. Saysonecamp: confronting society today. I believe that design our physical and natural environments are going can solve a host ofproblems, and that the design to hell in a hand basket. Says the other: design of the physical environment does influence be review boards are only as good as their members; havior. more often than not their interventions produce Clearly, this is a perspective that encompasses mediocre architecture. more than one building at a time and demands As a town planner and architect, I am sympa that each building understand its place in a larger thetic to the full range of sentiment. Perhaps a context-the city. Indeed, anyone proposing discussion of these two concepts-control and physical solutions to urban problems is designing freedom-and their differences would now be or, as may seem more often the case, destroying useful. But let me instead suggest that both posi the city.
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