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: 1436


The Balancing of Interests in Environmental Law in Africa

Author: N.A

Publisher: PULP

ISBN: 1920538054

Category: Environmental law

Page: 661

View: 7007

"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.

Constitutional Interpretation: Powers of Government

Author: Craig Ducat

Publisher: Cengage Learning

ISBN: 0495503231

Category: Political Science

Page: 552

View: 6880

One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL LAW, Ninth Edition, is updated to reflect current issues and cases relevant to students. Offering a good balance between textual explanation and edited court cases written in clear, concise language, this text remains the standard text for both students and instructors alike. CONSTITUTIONAL LAW, Ninth Edition, is popular with instructors because it explains difficult concepts extensively and clearly and, at times, graphically. In addition, each chapter possesses a stand-alone quality, giving the instructor complete freedom to use whatever he or she wishes, by chapter and within chapters. Throughout, major cases, notes, and charts are bridged with text so students can clearly see how one concept relates to another. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Balancing Copyright Law in the Digital Age

Comparative Perspectives

Author: Roberto Caso,Federica Giovanella

Publisher: Springer

ISBN: 3662446480

Category: Law

Page: 135

View: 3485

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.

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: 4456

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.

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: 9981

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.

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: 474

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.

Rethinking Intellectual Property

Balancing Conflicts of Interest in the Constitutional Paradigm

Author: Gustavo Ghidini

Publisher: Edward Elgar Publishing

ISBN: 1783478012

Category: LAW

Page: 432

View: 595

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.

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: 6706

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.

Freedom of Speech: The Supreme Court and Judicial Review

Author: Martin Shapiro

Publisher: Quid Pro Books

ISBN: 1458196860

Category: Law

Page: 194

View: 9361

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.

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: 5831

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.

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: 2460

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.

Unified Patent Protection in Europe

A Commentary

Author: Winfried Tilmann,Clemens Plassmann

Publisher: Oxford University Press

ISBN: 0191071927

Category: Law

Page: 1832

View: 1431

The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

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: 4603

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.

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: 4358

History of International Law · Foundations and Principles of International Law · Sources of International Law · Law of Treaties

The Future of U.S.-Korea-Japan Relations

Balancing Values and Interests

Author: Tʻae-hyo Kim,Brad Glosserman

Publisher: CSIS

ISBN: 9780892064540

Category: Political Science

Page: 218

View: 8175

"The North Korean nuclear stalemate poses a stark challenge to tripartite security relations among the United States, South Korea, and Japan. How the North Korean issue is managed will redefine the security relationship among the three countries. In particular, how and to what extent the United States, South Korea, and Japan collaborate in the six-party talks (along with China and Russia) will demonstrate whether the trilateral process can play a constructive role in managing the security environment in Northeast Asia." "This book does not argue for stronger security ties among the three countries based solely on a shared understanding of the threats posed by North Korea. Nor does it look toward containment of a rising China or resurgent Russia for its strategic rationale. Rather, the authors argue for broadening the foundation on which the three nations' ties rest. A better understanding of the complex weave of interests and values that binds the United States, South Korea, and Japan will stabilize the relationships and make them more resilient and adaptable to future developments."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Balancing the National Interest

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

Author: Committee on Science, Engineering, and Public Policy

Publisher: National Academies


Category: History

Page: 321

View: 9768

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."

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: 974

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.