Soft Law and the Global Financial System

Soft Law and the Global Financial System

Author: Chris Brummer

Publisher: Cambridge University Press

Published: 2011-12-26

Total Pages:

ISBN-13: 113950472X

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The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are expressed through informal, non-binding accords, scholars tend to view them as either weak treaty substitutes or by-products of national power. Rarely, if ever, are they cast as independent variables that can inform the behavior of regulators and market participants alike. This book explains how international financial law 'works' - and presents an alternative theory for understanding its purpose, operation and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market and institutional mechanisms that make it more coercive than classical theories of international law predict.


The Eichmann Trial

The Eichmann Trial

Author: Deborah E. Lipstadt

Publisher: Schocken

Published: 2011-03-15

Total Pages: 240

ISBN-13: 0805242910

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***NATIONAL JEWISH BOOK AWARD FINALIST (2012)*** Part of the Jewish Encounter series The capture of SS Lieutenant Colonel Adolf Eichmann by Israeli agents in Argentina in May of 1960 and his subsequent trial in Jerusalem by an Israeli court electrified the world. The public debate it sparked on where, how, and by whom Nazi war criminals should be brought to justice, and the international media coverage of the trial itself, was a watershed moment in how the civilized world in general and Holocaust survivors in particular found the means to deal with the legacy of genocide on a scale that had never been seen before. Award-winning historian Deborah E. Lipstadt gives us an overview of the trial and analyzes the dramatic effect that the survivors’ courtroom testimony—which was itself not without controversy—had on a world that had until then regularly commemorated the Holocaust but never fully understood what the millions who died and the hundreds of thousands who managed to survive had actually experienced. As the world continues to confront the ongoing reality of genocide and ponder the fate of those who survive it, this trial of the century, which has become a touchstone for judicial proceedings throughout the world, offers a legal, moral, and political framework for coming to terms with unfathomable evil. Lipstadt infuses a gripping narrative with historical perspective and contemporary urgency.


Who Gets In and Why

Who Gets In and Why

Author: Jeffrey Selingo

Publisher: Scribner

Published: 2020-09-15

Total Pages: 336

ISBN-13: 1982116293

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From award-winning higher education journalist and New York Times bestselling author Jeffrey Selingo comes a revealing look from inside the admissions office—one that identifies surprising strategies that will aid in the college search. Getting into a top-ranked college has never seemed more impossible, with acceptance rates at some elite universities dipping into the single digits. In Who Gets In and Why, journalist and higher education expert Jeffrey Selingo dispels entrenched notions of how to compete and win at the admissions game, and reveals that teenagers and parents have much to gain by broadening their notion of what qualifies as a “good college.” Hint: it’s not all about the sticker on the car window. Selingo, who was embedded in three different admissions offices—a selective private university, a leading liberal arts college, and a flagship public campus—closely observed gatekeepers as they made their often agonizing and sometimes life-changing decisions. He also followed select students and their parents, and he traveled around the country meeting with high school counselors, marketers, behind-the-scenes consultants, and college rankers. While many have long believed that admissions is merit-based, rewarding the best students, Who Gets In and Why presents a more complicated truth, showing that “who gets in” is frequently more about the college’s agenda than the applicant. In a world where thousands of equally qualified students vie for a fixed number of spots at elite institutions, admissions officers often make split-second decisions based on a variety of factors—like diversity, money, and, ultimately, whether a student will enroll if accepted. One of the most insightful books ever about “getting in” and what higher education has become, Who Gets In and Why not only provides an unusually intimate look at how admissions decisions get made, but guides prospective students on how to honestly assess their strengths and match with the schools that will best serve their interests.


Custom as a Source of Law

Custom as a Source of Law

Author: David J. Bederman

Publisher: Cambridge University Press

Published: 2010-08-16

Total Pages:

ISBN-13: 1139493663

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A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.


The Spirit of International Law

The Spirit of International Law

Author: David J. Bederman

Publisher: University of Georgia Press

Published: 2010-01-25

Total Pages: 294

ISBN-13: 0820326399

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As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature—nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. After addressing philosophical concerns about authority and obligation in international law, Bederman considers the sources and methods of international lawmaking. Topics include key legal actors in the international system, the permissible scope of international legal regulation (what Bederman calls the "subjects and objects" of the discipline), the primitive character of international law and its ability to remain coherent, and the essential values of international legal order (and possible tensions among those values). Bederman then measures the extent to which the rules of international law are formal or pragmatic, conservative or progressive, and ignored or enforced. Finally, he reflects on whether cynicism or enthusiasm is the proper attitude to govern our thoughts on international law. Throughout his study, Bederman highlights some of the canonical documents of international law: those arising from famous cases (decisions by both international and domestic tribunals), significant treaties, important diplomatic correspondence, and serious international incidents. Distilling the essence of international law, this volume is a lively, broad, thematic summation of its structure, characteristics, and main features.


God's Joust, God's Justice

God's Joust, God's Justice

Author: John Witte

Publisher: Wm. B. Eerdmans Publishing

Published: 2006-10-31

Total Pages: 513

ISBN-13: 0802844219

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'God's Joust, God's Justice' provides a vista of the major debates over law and religion in the West, enabling readers to proceed toward a more integrated understanding of the foundational elements of modern democracy.


International Law and Armed Conflict

International Law and Armed Conflict

Author: Laurie R. Blank

Publisher: Aspen Publishing

Published: 2021-07-30

Total Pages: 486

ISBN-13: 1543835546

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of Waruses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict