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Author : Graham Greenleaf,David Lindsay
Publisher : Cambridge University Press
Page : 667 pages
File Size : 44,9 Mb
Release : 2018-06-21
Category : Law
ISBN : 9781107134065
This comprehensive international and comparative account reconceptualises the public domain, providing new insights into copyright and copyright law reform.
Author : Jean Thomas
Publisher : OUP Oxford
Page : 350 pages
File Size : 48,6 Mb
Release : 2015-04-30
Category : Law
ISBN : 9780191665585
The abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users' privacy arising from private companies' control of their data are prominent examples of how our most fundamental interests are increasingly jeopardized by powerful private actors. Jean Thomas argues that, while these interests are protected by human and constitutional rights in relation to the state, no similar protections exist in relations among private actors. To address this problem, she develops a theoretical framework for the application of human and constitutional rights among private actors. The author proposes a theory of private liability for public rights violations that allows us to answer the question: who should bear the duties associated with human and constitutional rights in the private sphere? And what do private actors owe one another in respect of the interests protected by these rights? In advancing a model of rights that makes the application of public rights among private actors morally plausible and institutionally feasible, the book also illuminates the broader conceptual question of what rights are.
Author : Henry Brougham Baron Brougham and Vaux
Publisher : Unknown
Page : 648 pages
File Size : 45,5 Mb
Release : 1841
Category : Great Britain
ISBN : PRNC:32101002707071
Author : Jean Thomas
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 54,5 Mb
Release : 2015
Category : Law
ISBN : 9780199677733
The abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users' privacy arising from private companies' control of their data are prominent examples of how our most fundamental interests are increasingly jeopardized by powerful private actors. Jean Thomas argues that, while these interests are protected by human and constitutional rights in relation to the state, no similar protections exist in relations among private actors. To address this problem, she develops a theoretical framework for the application of human and constitutional rights among private actors. The author proposes a theory of private liability for public rights violations that allows us to answer the question: who should bear the duties associated with human and constitutional rights in the private sphere? And what do private actors owe one another in respect of the interests protected by these rights? In advancing a model of rights that makes the application of public rights among private actors morally plausible and institutionally feasible, the book also illuminates the broader conceptual question of what rights are.
Author : Anneke Smit,Marcia Valiante
Publisher : UBC Press
Page : 304 pages
File Size : 50,6 Mb
Release : 2015-12-15
Category : Social Science
ISBN : 9780774829342
When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.
Author : Cornelis Reiman
Publisher : Elsevier
Page : 254 pages
File Size : 55,6 Mb
Release : 2012-09-10
Category : Computers
ISBN : 9781780633534
Social media has an increasing role in the public and private world. This raises socio-political and legal issues in the corporate and academic spheres. Public Interest and Private Rights in Social Media provides insight into the use, impact and future of social media. The contributors provide guidance on social media and society, particularly the use of social media in the corporate sector and academia, the rising influence of social media in public and political opinion making, and the legal implications of social media. The Editor brings together unusual perspectives on the use of social media, both in developed and developing countries. This title consists of twelve chapters, each covering a salient topic, including: social media in the context of global media; the First Amendment and online calls for action; social media and the rule of law; social networks and the self; social media strategy in the public sector; social media in humanitarian work; social media as a tool in business education; social media and the ‘continuum of transparency’; business and social media; making a difference to customer service with social media; social analytics data and platforms; and altruism as a valuable dimension of the digital age. Provides a guide to the key components of corporate and academic use of social media Offers technological and non-technological, legal, and international perspectives Considers socio-political impact and legal issues
Author : Jeremiah J. Garretson
Publisher : NYU Press
Page : 352 pages
File Size : 40,7 Mb
Release : 2018-06-05
Category : Political Science
ISBN : 9781479881925
An innovative, data-driven explanation of how public opinion shifted on LGBTQ rights The Path to Gay Rights is the first social science analysis of how and why the LGBTQ movement achieved its most unexpected victory---transforming gay people from a despised group of social deviants into a minority worthy of rights and protections in the eyes of most Americans. The book weaves together a narrative of LGBTQ history with new findings from the field of political psychology to provide an understanding of how social movements affect mass attitudes in the United States and globally. Using data going back to the 1970s, the book argues that the current understanding of how social movements change mass opinion—through sympathetic media coverage and endorsements from political leaders—cannot provide an adequate explanation for the phenomenal success of the LGBTQ movement at changing the public’s views. In The Path to Gay Rights, Jeremiah Garretson argues that the LGBTQ community’s response to the AIDS crisis was a turning point for public support of gay rights. ACT-UP and related AIDS organizations strategically targeted political and media leaders, normalizing news coverage of LGBTQ issues and AIDS and signaled to LGBTQ people across the United States that their lives were valued. The net result was an increase in the number of LGBTQ people who came out and lived their lives openly, and with increased contact with gay people, public attitudes began to warm and change. Garretson goes beyond the story of LGBTQ rights to develop an evidence-based argument for how social movements can alter mass opinion on any contentious topic.
Author : Myres S. McDougal,Lung-Chu Chen
Publisher : Oxford University Press, USA
Page : 1137 pages
File Size : 46,7 Mb
Release : 2018-12-14
Category : Law
ISBN : 9780190882631
In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.
Author : Helen Fenwick,Gavin Phillipson
Publisher : Cavendish Publishing
Page : 1143 pages
File Size : 54,6 Mb
Release : 2003-08
Category : Law
ISBN : 9781843145387
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Marlies Hesselman,Antenor Hallo de Wolf,Brigit Toebes
Publisher : Taylor & Francis
Page : 334 pages
File Size : 43,7 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781317209898
There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.
Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 49,5 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author : Maurizio Passerin D'Entrèves,Ursula Vogel
Publisher : Routledge
Page : 210 pages
File Size : 45,8 Mb
Release : 2005-08-11
Category : Philosophy
ISBN : 9781134706198
The public and private distinction is essential to our moral and political vocabularies as it continues to structure our social and legal practices. Public and Private provides a multidisciplinary perspective on this distinction which has been at the centre of controversial debate in recent years. The focus of the debate has been on delineating acceptable boundaries between public and private in economic, social and cultural spheres. What is the nature and scope of citizenship? What are the implications of new reproductive technologies? And what is the fate of state sovereignty in a globalised world economy? At first glance these questions may appear unrelated, yet they all raise underlying and serious concerns regarding the scope and proper boundaries between the public and the private. Public and Private will stimulate the current debate with its original approach and provide a valuable resource for all those interested in the role the public and private play in structuring our societies.
Author : Rosanna Lillian Langer
Publisher : University of British Columbia Press
Page : 220 pages
File Size : 52,7 Mb
Release : 2007
Category : Administrative agencies
ISBN : UOM:39015068814725
The domestic processing of human rights complaints attracts a great deal of public attention and interest. Yet despite this scrutiny, there is still much below the surface that we don’t know. When people contact the human rights commission or a human rights lawyer, how do they think about and use human rights discourse? How do the legal professionals involved characterize the experiences they describe? How are complaints turned into cases? Can administrative systems be both effective and fair? Defining Rights and Wrongs investigates the day-to-day practices of low-level officials and intermediaries as they manage the gap between social relations and legal meaning in order to construct domestic human rights complaints. It documents how agency staff struggle to manage a huge body of claims within a system of restrictive rules but expansive definitions of discrimination. It also examines how independent human rights lawyers and advocacy organizations challenge human rights commissions and seek to radically reform the existing commission/tribunal structure. This book identifies the values that a human rights system should uphold if it is to be both fair and consistent with its own goals of promoting mutual respect and fostering the personal dignity and equal rights of citizens.
Author : Robert Gream Hall,Richard Loveland Loveland
Publisher : London : Stevens & Haynes
Page : 460 pages
File Size : 42,8 Mb
Release : 1875
Category : Coasts
ISBN : UOM:35112104322682
Author : Kanstantsin Dzehtsiarou
Publisher : Cambridge University Press
Page : 251 pages
File Size : 52,9 Mb
Release : 2021-12-02
Category : Law
ISBN : 9781108752343
In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.