An important provision of the European Convention on Human Rights is that in the event of a violation being found, not only is the state in question required to redress the consequences of the violation vis-á-vis the applicant - by such means as reopening of proceedings at the origin of the violation, reversal of a judicial verdict, discontinuation of expulsion proceedings or, where necessary, payment of a monetary award to the applicant; but it must also take general measures to prevent the repetition of the violation. These latter measures may take the form, for example, of a change in legislation, recognition of the Court's judgment in national case-law, the appointment of extra judges or magistrates to absorb a backlog of cases, the construction of detention centres suitable for juvenile delinquents, the introduction of training for the police, or other similar steps. This second edition continues to examine both individual measures and general measures taken by states in accordance with the Court's judgments and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.
Author: Charles Taylor
Publisher: Princeton University Press
A new edition of the highly acclaimed book Multiculturalism and "The Politics of Recognition," this paperback brings together an even wider range of leading philosophers and social scientists to probe the political controversy surrounding multiculturalism. Charles Taylor's initial inquiry, which considers whether the institutions of liberal democratic government make room--or should make room--for recognizing the worth of distinctive cultural traditions, remains the centerpiece of this discussion. It is now joined by Jürgen Habermas's extensive essay on the issues of recognition and the democratic constitutional state and by K. Anthony Appiah's commentary on the tensions between personal and collective identities, such as those shaped by religion, gender, ethnicity, race, and sexuality, and on the dangerous tendency of multicultural politics to gloss over such tensions. These contributions are joined by those of other well-known thinkers, who further relate the demand for recognition to issues of multicultural education, feminism, and cultural separatism. Praise for the previous edition:
This publication contains a set of guidelines for good practice in the conduct of elections, based on Europe's electoral heritage, as well as an explanatory report which explains the key principles on which they are based. The guidelines and report were adopted in 2002 by the Council for Democratic Elections and by the European Commission for Democracy through Law (also known as the Venice Commission); and approved in 2003 by the Parliamentary Assembly of the Council Europe and by the Congress of Local and Regional Authorities in Europe.
Author: Alain Supiot
Publisher: Verso Books
In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He arguesthat the law is how justice is implmented in secular society, but it isnot simply a technique to be manipulated at will: it is also anexpression of the core beliefs of the West. We must recognize itsuniversalizing, dogmatic nature and become receptive to otherinterpretations from non-Western cultures to help us avoid the clashof civilizations. In Homo Juridicus, Supiotdeconstructs the illusion of a world that has become “flat’’ andundifferentiated, regulated only by supposed “laws” of science andthe economy, and peopled by contract-makers driven only by thecalculation of their individual interests. Such a liberal perspectiveis nothing but the flipside of the notion of the withering away of lawand the state, promoted this time not under the banner of the strugglebetween classes, but rather in the name of the free competition betweensovereign individuals. Supiot’s exploration of the development of the“legal subject”—the individual as formed through a dense web ofcontracts and laws—is set to become a classic work of social theory.
The Great Ape Project
Author: Paola Cavalieri, Peter Singer
A compelling and revolutionary work that calls for the immediate extension of our human rights to the great apes. The Great Ape Project looks forward to a new stage in the development of the community of equals, whereby the great apes-chimpanzees, gorillas, and orangutans-will actually receive many of the same protections and rights that are already accorded to humans. This profound collection of thirty-one essays by the world's most distinguished observers of free-living apes make up a uniquely satisfying whole, blending observation and interpretation in a highly persuasive case for a complete reassessment of the moral status of our closest kin.
Bank and Customer Law in Canada is a concise introduction to the laws governing banking in Canada and the relationship between banks and their customers. The book includes a detailed discussion of the corporate governance structure for banks and the types of activities in which banks are permitted to engage in Canada. Foreign banks, bank subsidiaries, and bank holding companies are also covered. On the common law side, the focus is on bank account operation, including paper and electronic payment orders. The book also provides discussion and analysis of electronic banking and the challenges posed by non-bank third party payment providers to traditional banking and banks. It also includes directions to other relevant sources, including websites, so that readers can keep up-to-date on the rapid changes in electronic banking. In addition to updating caselaw and legislative developments, the second edition includes new material dealing with freezing accounts, prefunded cards, and recurring payment systems, as well as the growth of mobile payment systems and other electronic forms of payment.
Commitment and Compliance
Author: Dinah Shelton
Publisher: Oxford University Press on Demand
The studies in this book concern the nature of international law, how it is and is not constituted, and whether commitments that are not legally binding can change the behaviour of states as well as or better than legal norms do.Readership: Students and scholars of international law and international relations, civil servants, government officials and diplomats.
This book offers the first systematic investigation of the phenomenon of soft law within the framework of the EC (the first pillar of the EU),and its use by the European Commission and Council of Ministers. It focusses upon how soft law fits into the Community legal system, and how it is used, and, in particular, how it relates to Community legislation. Differentiation of the Community instruments, including the instruments of soft law, is often thought to enhance the effectiveness, legitimacy and transparency of the Community. This book asks whether soft law indeed provides a satisfactory alternative to legislation from this perspective and, if so, in what cases and under what conditions. Furthermore, the author asks to what extent the use of soft law implies good governance, and throws fresh light on this very heterogenous phenomenon, by looking at frequently used instruments in many different areas of Community law, such as competition law, state aid, environment, social policy etc., in the process identifying their different characteristics, aims, functions and legal effects. What emerges is that the conditions under which soft law is used may be problematic in relation to increasing the legitimacy, effectiveness and transparency of Community action. This is a work which will interest legal practitioners confronted with the use of soft law and the question of its possible legal effect in an increasing number of sectors and academics interested in the vexed question of how the increased use of soft law can be justified in a Community legal order built upon the rule of law. It is also critical of developments taking place within the framework of the European Convention and the proposed European Constitution, and goes beyond the immediate problems of soft law to touch upon issues such as competence, legal protection, division of powers between the EC and the Member States, institutional balance, lawmaking by the Community Courts, the scope of Community legal principles and the influence of soft law on the progressive development of both Community and national law.
The social sciences have long been based upon contrasts drawn between the 'militaristic' societies of the past, and the 'capitalist' or 'industrial' societies of the present. But how valid are such contrasts, given that the current era is one stamped by the impact of war and by the intensive development of sophisticated weaponry? In setting out to address this and similar questions, this book investigates issues that have been substantially neglected by those working in sociology and social theory. Anthony Giddens offers a sociological analysis of the nature of the modern nation-state and its association with the means of waging war. His analysis is connected in a detailed way to problems that have traditionally preoccupied sociologists - the impact of capitalism and industrialism upon social development in the modern period. The result is a theory both of the institutional parameters of modernity and of the nature of international relations. The book is a sequel to the author's much discussed Contemporary Critique of Historical Materialism. The framework of social theory outlined in that work is here elucidated in a systematic and thorough-going fashion. The novel and provocative ideas which the author develops will interest those working in a wide variety of disciplines: sociology, politics, geography and international affairs.
The Concept of Law
Author: HLA Hart
Publisher: OUP Oxford
Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.
C. Role of the Chair
Elements of Quebec Civil Law
Author: Louise Bélanger-Hardy, Aline Grenon
Publisher: Carswell Legal Publications