Younger Scholars

Younger Scholars

Author: National Endowment for the Humanities. Division of Fellowships and Seminars

Publisher:

Published: 1993

Total Pages: 24

ISBN-13:

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International Humanitarian Law and Human Rights Law

International Humanitarian Law and Human Rights Law

Author: Roberta Arnold

Publisher: BRILL

Published: 2008-07-31

Total Pages: 608

ISBN-13: 9047431871

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The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]


Artificial Intelligence and the Law

Artificial Intelligence and the Law

Author: Jan De Bruyne

Publisher: Intersentia

Published: 2021-01-18

Total Pages: 520

ISBN-13: 9781839701030

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Artificial intelligence (AI) is becoming increasingly more prevalent in our daily social and professional lives. Although AI systems and robots bring many benefits, they present several challenges as well. The autonomous and opaque nature of AI systems implies that their commercialisation will affect the legal and regulatory framework.0In this comprehensive book, scholars critically examine how AI systems may impact Belgian law. It contains contributions on consumer protection, contract law, liability, data protection, procedural law, insurance, health, intellectual property, arbitration, lethal autonomous weapons, tax law, employment law, ethics,?While specific topics of Belgian private and public law are thoroughly addressed, the book also provides a general overview of a number of regulatory and ethical AI evolutions and tendencies in the European Union. Therefore, it is a must-read for legal scholars, practitioners and government officials as well as for anyone with an interest in law and AI.


Refuge from Inhumanity? War Refugees and International Humanitarian Law

Refuge from Inhumanity? War Refugees and International Humanitarian Law

Author: David Cantor

Publisher: Martinus Nijhoff Publishers

Published: 2014-07-10

Total Pages: 512

ISBN-13: 9004261591

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This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.


Refugees from Armed Conflict

Refugees from Armed Conflict

Author: Vanessa Holzer

Publisher:

Published: 2015-08-31

Total Pages: 300

ISBN-13: 9781780683188

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Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]


Prohibition of Abuse of Law

Prohibition of Abuse of Law

Author: Rita de la Feria

Publisher: Bloomsbury Publishing

Published: 2011-06-09

Total Pages: 662

ISBN-13: 1847316565

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The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.


Combating Tax Avoidance in the EU

Combating Tax Avoidance in the EU

Author: José Manuel Almudí Cid

Publisher: Kluwer Law International B.V.

Published: 2018-12-20

Total Pages: 880

ISBN-13: 9403501421

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Following each Member State's need to rebuild a strong and stable economy after the 2007 financial crisis, the European Union (EU) has developed a robust new transparency framework with binding anti-abuse measures and stronger instruments to challenge external threats of base erosion. This is the first and only book to provide a complete detailed analysis of the Anti-Tax Avoidance Package and other recent and ongoing European actions taken in direct taxation. With contributions from both prominent tax academics and Spain's delegates to the European meetings where these rules are debated and promulgated, the book covers such issues and topics as the following: – the development of the EU Strategy towards Aggressive Tax Planning; – recent tax-related jurisprudence of the European Court of Justice; – the Anti-Tax Avoidance Directive; – tax treaties and non-tax treaties with tax consequences both between Member States and between Member States and third countries; – code of conduct for business taxation; – automatic exchange of information; – country-by-country reporting; – arbitration in tax matters; – external strategy for effective taxation regarding non-EU countries; – competition and state aid developments in direct taxation; – the Common Consolidated Tax Base; and – digital significant presence and permanent establishment. As the EU pursues its ambitious tax agenda, taxation's contribution to EU growth and competitiveness and its part in relations with the rest of the world will come into ever clearer focus. In addition to its insights into these trends, the book's unparalleled practical information and analysis will be of great value to tax practitioners dealing with investment analysis, tax planning schemes, and other features of the current international tax landscape.


In Flight from Conflict and Violence

In Flight from Conflict and Violence

Author: Volker Türk

Publisher: Cambridge University Press

Published: 2017-01-20

Total Pages: 563

ISBN-13: 1316773108

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The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise.