The Intersection of International Law and Domestic Law PDF Download

Author: Davíd Thór Björgvinsson
Publisher: Edward Elgar Publishing
ISBN: 1785361872
Category : Law
Languages : en
Pages : 201

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Book Description
What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Author: Anne-Marie Carstens
Publisher:
ISBN: 0198846290
Category : Law
Languages : en
Pages : 449

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Book Description
The aim of this series is to publish significant and original research on and scholarly analysis of all aspects of cultural heritage law through the lens of international law, private international law, and comparative law. The series is wide in scope, traversing disciplines, regions, and viewpoints. Topics given particular prominence are those which, while of interest to academic lawyers, have significant bearing on policymaking and current public discourse on the interaction between art, heritage, and the law. Book jacket.

Author: Anna C. Mastroianni
Publisher: Oxford University Press
ISBN: 0190245212
Category : Medical
Languages : en
Pages : 939

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Book Description
Natural disasters and cholera outbreaks. Ebola, SARS, and concerns over pandemic flu. HIV and AIDS. E. coli outbreaks from contaminated produce and fast foods. Threats of bioterrorism. Contamination of compounded drugs. Vaccination refusals and outbreaks of preventable diseases. These are just some of the headlines from the last 30-plus years highlighting the essential roles and responsibilities of public health, all of which come with ethical issues and the responsibilities they create. Public health has achieved extraordinary successes. And yet these successes also bring with them ethical tension. Not all public health successes are equally distributed in the population; extraordinary health disparities between rich and poor still exist. The most successful public health programs sometimes rely on policies that, while improving public health conditions, also limit individual rights. Public health practitioners and policymakers face these and other questions of ethics routinely in their work, and they must navigate their sometimes competing responsibilities to the health of the public with other important societal values such as privacy, autonomy, and prevailing cultural norms. This Oxford Handbook provides a sweeping and comprehensive review of the current state of public health ethics, addressing these and numerous other questions. Taking account of the wide range of topics under the umbrella of public health and the ethical issues raised by them, this volume is organized into fifteen sections. It begins with two sections that discuss the conceptual foundations, ethical tensions, and ethical frameworks of and for public health and how public health does its work. The thirteen sections that follow examine the application of public health ethics considerations and approaches across a broad range of public health topics. While chapters are organized into topical sections, each chapter is designed to serve as a standalone contribution. The book includes 73 chapters covering many topics from varying perspectives, a recognition of the diversity of the issues that define public health ethics in the U.S. and globally. This Handbook is an authoritative and indispensable guide to the state of public health ethics today.

Author: Kimberle Crenshaw
Publisher:
ISBN: 9781620975510
Category : Law
Languages : en
Pages : 480

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Book Description
A major publishing event, the collected writings of the groundbreaking scholar who "first coined intersectionality as a political framework" (Salon) For more than twenty years, scholars, activists, educators, and lawyers--inside and outside of the United States--have employed the concept of intersectionality both to describe problems of inequality and to fashion concrete solutions. In particular, as the Washington Post reported recently, "the term has been used by social activists as both a rallying cry for more expansive progressive movements and a chastisement for their limitations." Drawing on black feminist and critical legal theory, Kimberlé Crenshaw developed the concept of intersectionality, a term she coined to speak to the multiple social forces, social identities, and ideological instruments through which power and disadvantage are expressed and legitimized. In this comprehensive and accessible introduction to Crenshaw's work, readers will find key essays and articles that have defined the concept of intersectionality, collected together for the first time. The book includes a sweeping new introduction by Crenshaw as well as prefaces that contextualize each of the chapters. For anyone interested in movement politics and advocacy, or in racial justice and gender equity, On Intersectionality will be compulsory reading from one of the most brilliant theorists of our time.

Author: Dr Clíodhna Murphy
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472404866
Category : Political Science
Languages : en
Pages : 434

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Book Description
This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.

Author: Sergio Puig
Publisher: Cambridge University Press
ISBN: 1108497640
Category : Law
Languages : en
Pages : 167

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Book Description
This book explores how Indigenous Peoples are impacted by globalization and the cult of the individual that often accompanies the phenomenon.

Author: Elaine Wood
Publisher: Rowman & Littlefield
ISBN: 1683932404
Category : Law
Languages : en
Pages : 310

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Book Description
Gender Justice and the Law presents a collection of essays that examines how gender, as a category of identity, must continually be understood in relation to how structures of inequality define and shape its meaning. It asks how notions of “justice” shape gender identity and whether the legal justice system itself privileges notions of gender or is itself gendered. Shaped by politics and policy, Gender Justice essays contribute to understanding how theoretical practices of intersectionality relate to structures of inequality and relations formed as a result of their interaction. Given its theme, the collection’s essays examine theoretical practices of intersectional identity at the nexus of “gender and justice” that might also relate to issues of sexuality, race, class, age, and ability.

Author: Marcia H. Rioux
Publisher: Martinus Nijhoff Publishers
ISBN: 9004189505
Category : Political Science
Languages : en
Pages : 569

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Book Description
This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.

Author: Bilyana Petkova
Publisher: Edward Elgar Publishing
ISBN: 1788976681
Category : Law
Languages : en
Pages : 352

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Book Description
Fundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries.

Author: Laurie Berg
Publisher: Routledge
ISBN: 1317617819
Category : Law
Languages : en
Pages : 342

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Book Description
Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.