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Author: Juan José Álvarez Rubio Publisher: Taylor & Francis ISBN: 1351979159 Category : Law Languages : en Pages : 159
Book Description
Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation -- 1.3.3 The US approach to jurisdiction -- 1.3.3.1 Doctrines that may limit access to US courts in transnational cases -- 1.3.3.2 The Alien Tort Statute: presumption against extraterritoriality and personal jurisdiction -- 1.3.3.3 Further doctrines that may limit access to US courts in transnational cases -- 1.3.3.4 Litigating torts in state courts and/or under state law -- 1.3.4 Comparing the EU and US approach to jurisdiction in private international law -- 1.4 Residual jurisdiction in Europe -- 1.4.1 Introduction -- 1.4.2 Forum necessitatis -- 1.4.3 Joining of defendants -- 1.4.4 Pursuing civil remedies through criminal jurisdiction -- 1.5 Conclusions and recommendations -- 2 Judicial remedies: The issue of applicable law -- 2.1 Introduction -- 2.2 Legal context -- 2.2.1 Foreign direct liability and beyond -- 2.2.2 Private international law and extraterritoriality -- 2.2.3 Discussion -- 2.3 Applicable law -- 2.3.1 Rome II Regulation: general rule -- 2.3.2 Rome II Regulation: special rule on environmental damage -- 2.3.3 Rome II Regulation: relevant exceptions -- 2.3.3.1 Overriding mandatory provisions -- 2.3.3.2 Rules of safety and conduct.
Author: Juan José Álvarez Rubio Publisher: Taylor & Francis ISBN: 1351979159 Category : Law Languages : en Pages : 159
Book Description
Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation -- 1.3.3 The US approach to jurisdiction -- 1.3.3.1 Doctrines that may limit access to US courts in transnational cases -- 1.3.3.2 The Alien Tort Statute: presumption against extraterritoriality and personal jurisdiction -- 1.3.3.3 Further doctrines that may limit access to US courts in transnational cases -- 1.3.3.4 Litigating torts in state courts and/or under state law -- 1.3.4 Comparing the EU and US approach to jurisdiction in private international law -- 1.4 Residual jurisdiction in Europe -- 1.4.1 Introduction -- 1.4.2 Forum necessitatis -- 1.4.3 Joining of defendants -- 1.4.4 Pursuing civil remedies through criminal jurisdiction -- 1.5 Conclusions and recommendations -- 2 Judicial remedies: The issue of applicable law -- 2.1 Introduction -- 2.2 Legal context -- 2.2.1 Foreign direct liability and beyond -- 2.2.2 Private international law and extraterritoriality -- 2.2.3 Discussion -- 2.3 Applicable law -- 2.3.1 Rome II Regulation: general rule -- 2.3.2 Rome II Regulation: special rule on environmental damage -- 2.3.3 Rome II Regulation: relevant exceptions -- 2.3.3.1 Overriding mandatory provisions -- 2.3.3.2 Rules of safety and conduct.
Author: Rebecca L. Sanderfur Publisher: Emerald Group Publishing ISBN: 1848552432 Category : Social Science Languages : en Pages : 288
Book Description
Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
Author: Gwynne L. Skinner Publisher: Cambridge University Press ISBN: 110719931X Category : Business & Economics Languages : en Pages : 199
Book Description
This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.
Author: Frank Pasquale Publisher: Belknap Press ISBN: 0674975227 Category : Law Languages : en Pages : 345
Book Description
“Essential reading for all who have a vested interest in the rise of AI.” —Daryl Li, AI & Society “Thought-provoking...Explores how we can best try to ensure that robots work for us, rather than against us, and proposes a new set of laws to provide a conceptual framework for our thinking on the subject.” —Financial Times “Pasquale calls for a society-wide reengineering of policy, politics, economics, and labor relations to set technology on a more regulated and egalitarian path...Makes a good case for injecting more bureaucracy into our techno-dreams, if we really want to make the world a better place.” —Wired “Pasquale is one of the leading voices on the uneven and often unfair consequences of AI in our society...Every policymaker should read this book and seek his counsel.” —Safiya Noble, author of Algorithms of Oppression Too many CEOs tell a simple story about the future of work: if a machine can do what you do, your job will be automated, and you will be replaced. They envision everyone from doctors to soldiers rendered superfluous by ever-more-powerful AI. Another story is possible. In virtually every walk of life, robotic systems can make labor more valuable, not less. Frank Pasquale tells the story of nurses, teachers, designers, and others who partner with technologists, rather than meekly serving as data sources for their computerized replacements. This cooperation reveals the kind of technological advance that could bring us all better health care, education, and more, while maintaining meaningful work. These partnerships also show how law and regulation can promote prosperity for all, rather than a zero-sum race of humans against machines. Policymakers must not allow corporations or engineers alone to answer questions about how far AI should be entrusted to assume tasks once performed by humans, or about the optimal mix of robotic and human interaction. The kind of automation we get—and who benefits from it—will depend on myriad small decisions about how to develop AI. Pasquale proposes ways to democratize that decision-making, rather than centralize it in unaccountable firms. Sober yet optimistic, New Laws of Robotics offers an inspiring vision of technological progress, in which human capacities and expertise are the irreplaceable center of an inclusive economy.
Author: Yuval Feldman Publisher: ISBN: 1107137101 Category : Law Languages : en Pages : 257
Book Description
This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
Author: Kenneth Joseph Arrow Publisher: W. W. Norton & Company ISBN: 9780393037371 Category : Business & Economics Languages : en Pages : 376
Book Description
Why can't we all just get along? In family life, schools, law, the business world, and domestic and international affairs, it is all too common for disputes to fester unresolved even when the parties are committed to a negotiated settlement. In this book members and associates of the Stanford Center on Conflict and Negotiation address the complex issues that protract disputes and turn potential win-win negotiations into conflicts that leave everyone worse off. Drawing on such diverse but related disciplines as economics, cognitive psychology, statistics, and game and decision-making theory, the book considers the barriers to successful negotiation in such areas as civil litigation, family law, arms control, labor-management disputes, environmental treaty making, and politics. When does it pay for parties to a dispute to cooperate, and when to compete? How can third-party negotiators further resolutions and avoid the pitfalls that deepen the divisions between antagonists? Offering answers to these and related questions, this book is a comprehensive guide to the latest understanding of ways to resolve human conflict.
Author: Francesco Francioni Publisher: OUP Oxford ISBN: 0191018651 Category : Law Languages : en Pages : 272
Book Description
In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Juan José Álvarez Rubio
Author: Juan José Álvarez Rubio
Author: Rebecca L. Sanderfur
Author: Gwynne L. Skinner
Author: Frank Pasquale
Author: Lauren Stiller Rikleen
Author: Yuval Feldman
Author: Gil Loescher
Author: Kenneth Joseph Arrow
Author: Francesco Francioni
Author: American Bar Association. House of Delegates