Página 1 dos resultados de 24 itens digitais encontrados em 0.004 segundos

"Libel tourism" and conflict of laws

Hartley, Trevor C.
Fonte: Cambridge University Press Publicador: Cambridge University Press
Tipo: Article; PeerReviewed Formato: application/pdf
Publicado em //2010 Português
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This article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested.

How is rape a weapon of war?: feminist international relations, modes of critical explanation and the study of wartime sexual violence

Kirby, Paul
Fonte: Sage Publications Publicador: Sage Publications
Tipo: Article; PeerReviewed Formato: application/pdf
Publicado em 10/02/2012 Português
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Rape is a weapon of war. Establishing this now common claim has been an achievement of feminist scholarship and activism and reveals wartime sexual violence as a social act marked by gendered power. But the consensus that rape is a weapon of war obscures important, and frequently unacknowledged, differences in ways of understanding and explaining it. This article opens these differences to analysis. Drawing on recent debates regarding the philosophy of social science in IR and social theory, it interprets feminist accounts of wartime sexual violence in terms of modes of critical explanation – expansive styles of reasoning that foreground particular actors, mechanisms, reasons and stories in the formulation of research. The idea of a mode of critical explanation is expanded upon through a discussion of the role of three elements (analytical wagers, narrative scripts and normative orientations) which accomplish the theoretical work of modes. Substantive feminist accounts of wartime sexual violence are then differentiated in terms of three modes – of instrumentality, unreason and mythology – which implicitly structure different understandings of how rape might be a weapon of war. These modes shape political and ethical projects and so impact not only on questions of scholarly content but also on the ways in which we attempt to mitigate and abolish war rape. Thinking in terms of feminist modes of critical explanation consequently encourages further work in an unfolding research agenda. It clarifes the ways in which an apparently commonality of position can conceal meaningful disagreements about human action. Exposing these disagreements opens up new possibilities for the analysis of war rape.

“Highly problematic, to put it mildly”: Experts react to David Cameron’s pledge to repeal the Human Rights Act

Kang-Riou, Nicolas; Nolan, Aiofe; Klug, Francesca; O'Cinnneide, Colm
Fonte: Democratic Audit UK Publicador: Democratic Audit UK
Tipo: Website; NonPeerReviewed Formato: application/pdf
Publicado em 03/10/2014 Português
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Human rights law has long been a bug-bear of the Conservative right, with critics of the Human Rights Act particularly vocal in their condemnation of its restrictive nature. At his recent Conservative Party conference speech, the Prime Minister David Cameron re-committed his party to its repeal. Democratic Audit asked human rights law experts to respond, with the verdict not good for Cameron and his party.

The consequences of Brexit: some complications from international law

Lang, Andrew
Fonte: The London School of Economics and Political Science Publicador: The London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em /06/2014 Português
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Britain’s international trade obligations seriously complicate the question of Britain’s exit from the EU, and significantly expand the range of stakeholders with a say in how the process would be managed.

Towards more competition in pay TV services? the commission investigates agreements between Hollywood major studios and broadcasters

Ibáñez Colomo, Pablo
Fonte: The London School of Economics and Political Science Publicador: The London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em /06/2014 Português
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There is no real cross-border competition for pay TV services in the EU. Within the UK, hundreds of thousands of expatriates have to turn to local options (such as BT, Sky or Virgin) if they want to subscribe to a premium service giving access to top sports events and recent cinema releases.

From Karlsruhe, with love? questioning the constitutionality of unconventional monetary policy

Wilkinson, Michael
Fonte: The London School of Economics and Political Science Publicador: The London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em /06/2014 Português
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Does the European Central Bank (ECB) have a mandate to do ‘whatever it takes’ to save the Euro? Not according to the German Constitutional Court, which in February this year delivered its judgment from Karlsruhe on the ECB’s Outright Monetary Transactions programme (OMT). Will the European Court of Justice concur, or will it attempt to resist the might of the most powerful domestic Court in Europe?

Insolvency law, restructuring law and modern financial markets

Paterson, Sarah
Fonte: The London School of Economics and Political Science Publicador: The London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em //2015 Português
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The finance market has undergone rapid change in developed Western economies in the last decade. In much of Europe the concentrated finance market in which a small group of banks controlled the flow of finance to large and small companies has given way to a dispersed creditor economy. In both Europe and the US there has been an explosion of secured credit and the market for buying and selling debt of distressed companies has matured so that those holding the debt of a financially distressed company will, in many cases, not be the lenders who originally advanced the funds.

Book review: Dialogue with North Korea? Preconditions for talking human rights with a hermit kingdom

McCracken, Andrew
Fonte: Blog post from London School of Economics & Political Science Publicador: Blog post from London School of Economics & Political Science
Tipo: Website; NonPeerReviewed Formato: application/pdf
Publicado em 26/06/2013 Português
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"Dialogue with North Korea? Preconditions for Talking Human Rights with a Hermit Kingdom." Geir Helgesen and Hatla Thelle. NIAS Press. March 2013. --- There is hardly another country as isolated and with such a bleak image as North Korea. Portrayed in the western media as a ‘hermit kingdom’ ruled by an outdated, communist dictatorship whose clandestine nuclear programmes alarm its neighbours, prospects look bleak for any improvement in relations let alone the start of a dialogue on human rights. Offering an informed analysis of the North Korean situation, this book argues that not only is a constructive and fruitful dialogue on human rights possible but it is also desirable for both parties. However, it is odd that a book which seeks to promote the discussion of human rights has nothing whatsoever to say about North Korea’s network of prison camps, writes Andrew McCracken.

Between “pragmatism” and “constitutionalism”: EU-Russian dynamics and differences during the Kosovo status process

Ker-Lindsay, James
Fonte: University Association for Contemporary European Studies Publicador: University Association for Contemporary European Studies
Tipo: Article; PeerReviewed Formato: application/pdf
Publicado em //2011 Português
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Kosovo’s unilateral declaration of independence in 2008 has been widely regarded as a failure for international diplomacy in general, and for the European Union (EU) in particular. The narrative that has emerged suggests that, rather than taking charge of the situation, the EU was instead a “victim” of external machinations led by Washington and Moscow. This article challenges this view. It argues that, during the status process, it became clear that in the case of Kosovo there was a tension between the constraints imposed by international law on acts of secession and the requirements for stability on the ground. While Russia insisted on the former, albeit for a range of reasons that went beyond upholding international law, the United States placed emphasis on the latter. For their part, the key members of the EU eventually decided that, after having tried to win Moscow over to their position, they too had to ensure regional security; even if this meant circumventing the United Nations and the Security Council and challenging long-standing legal norms and principles concerning the territorial integrity of states.

Book review: A new generation draws the line: humanitarian intervention and the “responsibility to protect” today

Chomsky, Noam
Fonte: Blog post from London School of Economics & Political Science Publicador: Blog post from London School of Economics & Political Science
Tipo: Website; NonPeerReviewed Formato: application/pdf
Publicado em 03/09/2012 Português
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How do we understand the ethics of humanitarian intervention in today’s world? After Western intervention in the conflict associated with the Arab Spring, this new edition of Noam Chomsky‘s A New Generation Draws the Line aims to provide timely answers. Imani Perry finds it to be a wonderfully useful book for many reasons, but most importantly because it pushes the reader to ask questions that are rarely raised in corporate media and popular politics.

The Court of Justice of the EU judgment on data protection and internet search engines

Kuner, Christopher
Fonte: The London School of Economics and Political Science Publicador: The London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em //2015 Português
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In Case C-131/12 Google Spain v. AEPD and Mario Costeja Gonzalez, issued on 13 May 2014, the Court of Justice of the European Union made several important pronouncements about EU data protection law, and in particular recognized a right under the EU Data Protection Directive 95/46 for individuals to suppress links generated by Internet search engines (popularly referred to as the “right to be forgotten”). The Court’s holdings leave many important questions open, both in regard to technical legal issues and more high-level issues of general jurisprudential and societal importance. The Court also failed to take the significance of the case for the Internet into account. The judgment suffers from the Court’s traditionally minimalist style of argument and reluctance to adopt a more open and discursive style. The material and territorial scope of the right to suppress Internet search engine results are potentially much wider than the ability to implement the right effectively, suggesting that a way must be found to define the scope of the right in a way that is proportionate to the ability to implement it, if the judgment is to provide real protection in practice.

Bank resolution financing in the banking union

Hadjiemmanuil, Christos
Fonte: The London School of Economics and Political Science Publicador: The London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em //2015 Português
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In early 2012, the Spanish state came under strong market pressure due to its engagement in round after round of large-scale bank bailouts. The country’s joint sovereignbank crisis shed new light on the nature of the euro area’s crisis. European decision-makers were forced to openly recognize the non-fiscal – that is, the banking and monetary – causes of sovereign distress and to accept the need for drastic policy solutions. The policy shift soon took concrete form with the launch of the Banking Union project in June 2012. The principal intention was to break the bank-sovereign link and to relieve the euro area’s weaker economies from the almost impossible burden of having to finance bank bailouts out of national fiscal resources. The mutualization of bailout costs through a common ‘fiscal backstop’ was, in other words, the key objective of the Banking Union as originally conceived. Subsequent policy choices, however, have marked a relaxation, if not partial abandonment, of this objective. The policy approach eventually adopted with regard to resolution financing in the context of the Banking Union’s Single Resolution Mechanism (SRM) is based on the burden-sharing norms of the Bank Recovery and Resolution Directive (BRRD)...

The value of insolvency safe harbours

Paech, Philipp
Fonte: The London School of Economics and Political Science Publicador: The London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em //2015 Português
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‘Safe harbour’ is shorthand for a bundle of privileges in insolvency which are typically afforded to financial institutions. They are remotely comparable to security interests as they provide a financial institution with a considerably better position as compared to other creditors should one of its counterparties fail or become insolvent. Safe harbours have been introduced widely and continue to be introduced in financial markets. The common rationale for such safe harbours is that the protection against the fallout of the counterparty’s insolvency contributes to systemic stability, as the feared ‘domino effect’ of insolvencies is not triggered from the outset. However, safe harbours are also criticised for accelerating contagion in the financial market in times of crisis and making the market more risky. This paper submits that the more important argument for the existence of safe harbours is liquidity in the financial market. Safe harbour rules do away with a number of legal concepts, notably those attached to traditional security, and thereby allow for an exponentiation of liquidity. Normative decisions of the legislator sanction safe harbours as modern markets could not exist without these high levels of liquidity. To the extent that safe harbours accelerate contagion in terms of crisis...

The codetermination bargains: the history of German corporate and labour law

McGaughey, Ewan
Fonte: The London School of Economics and Political Science Publicador: The London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em //2015 Português
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Why does codetermination exist in Germany? Law and economics theories have contended that if there were no legal compulsion, worker participation in corporate governance would be ‘virtually nonexistent’. This positive analysis, which flows from the ‘nexus of contracts’ conception of the corporation, supports a normative argument that codetermination is inefficient because it is supposed that it will seldom happen voluntarily. After discussing competing conceptions of the corporation, as a ‘thing in itself’, and as an ‘institution’, this article explores the development of German codetermination from the mid-19th century to the present. It finds the inefficiency argument sits at odds with the historical evidence. In its very inception, the right of workers to vote for a company board of directors, or in work councils with a voice in dismissals, came from collective agreements. It was not compelled by law, but was collectively bargained between business and labour representatives. These ‘codetermination bargains’ were widespread. Laws then codified these models. This was true at the foundation of the Weimar Republic from 1918 to 1922 and, after abolition in 1933, again from 1945 to 1951. The foundational codetermination bargains were made because of two ‘Goldilocks’ conditions (conditions that were ‘just right’) which were not always seen in countries like the UK or US. First...

A global research agenda for children's rights in the digital age

Livingstone, Sonia; Bulger, Monica
Fonte: Taylor&Francis Publicador: Taylor&Francis
Tipo: Article; PeerReviewed Formato: application/pdf
Publicado em //2014 Português
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Taking the UN Convention on the Rights of the Child (CRC) as a starting point for evidence-based policy regarding children’s rights in the digital age, we offer a global research agenda designed to produce evidence of value for policy makers working to promote children’s rights. Informed by research reviews and interviews with international stakeholders, four priorities for theory and evidence are identified: (i) the provision of opportunities that confer benefit, recognising that this may be defined diversely according to the cultural context, (ii) the protection of children from risk of harm, including understanding the relation between vulnerability and resilience, (iii) the balance between risk and opportunities, especially to allow for children’s participation even in risky opportunities, (iv) the framing of the research agenda (in terms of concepts, design, measures, and priorities) and the evaluation of policies and initiatives in collaboration with researchers and practitioners from the global South.

From old to new industrial policy via economic regulation

Thatcher, Mark
Fonte: London School of Economics and Political Science Research Publicador: London School of Economics and Political Science Research
Tipo: Article; PeerReviewed Formato: application/pdf
Publicado em //2014 Português
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Major institutional reforms that have introduced economic regulation in Europe and elsewhere appear to have ended traditional industrial policies of favouring selected national champion suppliers. Privatisation, the delegation of powers over mergers and acquisitions to the EU and independent competition authorities, new rules to ensure competition and prohibit state support to favoured companies and the end of planning, all appear to have led to a regulatory state. However, the article argues that regulatory reforms have in fact provided additional or alternative instruments for policy makers to favour European or international champion firms. The article analyses the different institutional reforms to show how they have provided instruments for policy makers to construct larger Europeanised and internationalised champion firms, shape markets through mergers and acquisitions, aid selected firms in liberalised markets, and to plan policies in ways that privilege chosen firms. It concludes that regulatory institutions are compatible with new forms industrial policy.

Immunity, individuals and international law: which individuals are immune from the jurisdiction of national courts under international law?

Franey, Elizabeth Helen
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em /06/2009 Português
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816.6848%
State immunity under international law extends to protect some individuals from criminal prosecution before national courts. This thesis aims to identify which individuals are immune from prosecution before the English courts, for what conduct, and for what period. The justifications for immunity are examined, and the extent of immunity ratione personae and immunity ratione materiae are explored. This thesis argues that immunity ratione personae is only narrowly available to high state officials, and that the immunity accorded, by consent, to special missions is sufficient to cover other official visits. In Pinochet (No 3) all seven judges agreed: 1. An ex-head of state is immune from prosecution for murder and conspiracy to murder alleged to have been committed in the forum state. 2. All state officials no matter how minor are entitled to continuing immunity This thesis analyses state practice in arresting or prosecuting foreign state officials, and argues that both of these statements are incorrect. This thesis argues that immunity does not attach to conduct alone, for a person to have continuing immunity ratione materiae they must have had immunity ratione personae. The forum state must have agreed to the official being present on its territory...

The United Nations, the African Union and the rule of law in Southern Sudan

Majinge, Charles Riziki
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em /04/2013 Português
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The argument of this thesis is that measures taken by international bodies to establish the rule of law in postconflict situations are undertaken in the mistaken belief that they will automatically enhance conditions for the rule of law to flourish. In fact, examination of the situation in Southern Sudan demonstrates that there is a wide disconnection between the measures pursued and the outcome of the process. This study will therefore inquire into the different meanings attributed to the concept of the rule of law in order to establish what the concept signifies in the context of statebuilding, with a focus on Southern Sudan. How does the theoretical understanding of the rule of law correlate with the legal and institutional measures taken by international organizations such as the United Nations and the African Union to build the effectiveness of the state in Southern Sudan? The study will further address issues such as what kind of state institutions are envisaged by rule of law reforms, together with the historical and theoretical imperatives which orient and drive the rule of law building process in post-conflict situations. The research is envisaged as a contribution to the debate on how to make ‘rule of law work on the ground’. It is hoped that if practitioners and policy makers take into account the findings of this study...

Framing elite policy discourse: science and the Stockholm Convention on Persistent Organic Pollutants

Templeton, Jessica
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em /07/2011 Português
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Rising levels of persistent organic pollutants (POPs) in the environment have spurred governments around the world to engage in cooperative action on a global scale to control those chemicals that pose significant threats to human health and the environment. Political efforts to mitigate the risks posed by these chemicals are impeded by the technical complexity associated with POPs pollution, and are thus predicated on the scientific assessments of experts in fields such as chemistry and toxicology. Policymakers’ reliance on scientific expertise for guidance on risk assessment and management has reduced their control over policy and has given scientists authority to determine socially acceptable levels of risk, thus blurring the boundaries between science and politics. Conversely, the implications of science-based decision-making have increased the interest and involvement of political actors in a phase of evaluation that is often seen as objective, fact-based, and free of political interest. This thesis analyzes the ways in which various actors with scientific expertise – representatives of governments, industry, and environmental/public health NGOs – working under the auspices of the Stockholm Convention on Persistent Organic Pollutants have used strategic issue framing tactics to promote predetermined policy agendas during the scientific review of chemicals proposed for regulation. This research breaks new ground by analyzing the ways elite decision-makers strategically frame issues in order to influence the policy preferences of other elites...

Head of state immunity in international law

Nwosu, Udoka
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em /10/2011 Português
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International events since the landmark Pinochet case, increased human rights advocacy, efforts at a culture of accountability, as well as the recent pro-democratic up-rising in the Arab states sustain impetus for the consideration of Head of state immunity in international law. A naturalist view of international law is that there can be no Head of state immunity for violations of human rights. This popular view proceeds from a theoretical misunderstanding of the positivist concept of immunities resulting in its practical misapplication. However, this naturalist view must be contextualised within the subtleties of international rule-making. It is to this end that the inquiry into Head of state immunity as a concept of customary international law, emergent trends and the formation of a new rule of custom in this regard is necessitated. Thus, this thesis will inquire into the applicability, or otherwise, of Head of state immunity before certain fora, including national courts, international courts, and internationalised courts with view to discerning emergent trends in the practice of Head of state immunity. Thematic in this thesis, is the argument that a provision in the constitutive instrument establishing the jurisdiction of a court which makes irrelevant the fact of official capacity as Head of state...