Regulation of State-Controlled Enterprises
Regulation of State-Controlled Enterprises

Author: Julien Chaisse

Publisher: Springer Nature

Published: 2022-08-25

Total Pages: 727

ISBN-13: 9811913684

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This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.

The Political Discourse of Carl Schmitt
The Political Discourse of Carl Schmitt

Author: Montserrat Herrero

Publisher: Rowman & Littlefield

Published: 2015-08-06

Total Pages: 291

ISBN-13: 178348456X

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Carl Schmitt is a key figure in modern political thought, but discussion of his work often focuses upon specific elements or themes within his texts. This book provides a wide-ranging discussion of Carl Schmitt’s discourse and provides a new perspective on his contribution, presenting the idea of Nomos of the Earth as the key idea that organizes his political and legal discourse This book creates a ‘reverse genealogy’ of Schmitt’s theoretical system, starting from his legal and political concept of nomos so as to reconstruct his understanding of order. It connects the different topics the Carl Schmitt developed along his intellectual trajectory, which have generally been approached in separate ways by scholars: the legal theory, the concept of the political, the theory of international relations and political theology. The text considers the whole of Carl Schmitt’s work including writings that have been previously unknown to the English speaking academy; old journals with just three or four pages, newspaper articles, manuscripts of conferences, and Festschrifts.Itprovides a balanced examination of the whole complex of Carl Schmitt’s political discourse.

The Changing Administrative Law of an EU Member State
The Changing Administrative Law of an EU Member State

Author: Domenico Sorace

Publisher: Springer Nature

Published: 2020-09-26

Total Pages: 401

ISBN-13: 3030507807

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This book presents the evolution of Italian administrative law in the context of the EU, describing its distinctive features and comparing it with other experiences across Europe. It provides a comprehensive overview of administrative law in Italy, focusing on the main changes occurred over the last few decades.Although the respective chapters generally pursue a legal approach, they also consider the influence of economic, social, cultural and technological factors on the evolution of public administration and administrative law.The book is divided into three parts. The first part addresses general issues (e.g. procedures and organization of public administrations, administrative justice). The second part focuses on more specific topics (e.g. public intervention in the economy, healthcare management, local government). In the third part, the evolution of Italian administrative law is discussed in a comparative perspective.

Catalog
Catalog

Author: University of Texas. Library. Latin American Collection

Publisher:

Published: 1969

Total Pages: 812

ISBN-13:

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The Art of Legislating
The Art of Legislating

Author: Virgilio Zapatero Gómez

Publisher: Springer Nature

Published: 2019-10-11

Total Pages: 235

ISBN-13: 303023388X

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Any contemporary state presents itself as committed to the “rule of law”, and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary. This book focuses on formal legality and the question of how to achieve good laws—a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of “good legislation” demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today’s legal systems, particularly in view of the silent revolution that is transforming our legality-based “states of law” into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author’s parliamentary and governmental experience; he was responsible for the Government of Spain’s legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco’s dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. Reflecting and elaborating on this experience, the book not only increases scholarly awareness of how laws are made, but above all, improves the quality of legislation and as a result the rule of law.

Determinants of Gross Human Rights Violations by State and State-sponsored Actors in Brazil, Uruguay, Chile, and Argentina, 1960-1990
Determinants of Gross Human Rights Violations by State and State-sponsored Actors in Brazil, Uruguay, Chile, and Argentina, 1960-1990

Author: Wolfgang S. Heinz

Publisher: BRILL

Published: 2021-09-27

Total Pages: 902

ISBN-13: 900448180X

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This book deals with the gross human rights violations that characterized the military repression in Argentina, Brazil, Chile and Uruguay from the 1960s to the 1980s. Dr Wolfgang Heinz, the author of three of the four case studies is a German scholar. The second author, Dr Hugo Frühling, is a Chilean researcher. Both are renowned human rights specialists who have done in-depth research on the causes of gross human rights violations in these countries. They have interviewed generals and officers directly involved in the repression. They have unearthed secret documents and, building on existing scholarship, they have managed to draw a unique picture of the mechanisms of repressive domestic social control. They have investigated international factors as well as the dynamics of the interaction between guerrilleros and urban terrorists on the one hand, and the military, the police forces and the death squads on the other. The result is a comprehensive volume, broad and comparative in scope, and written with clinical detachment but also with humanitarian sympathy for the victims of repression.

Liberalism Versus Conservatism
Liberalism Versus Conservatism

Author: François B. Gérard

Publisher: Nova Publishers

Published: 2000

Total Pages: 324

ISBN-13: 9781560728122

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Everyone eschews labels yet we all seem to posses them in the minds of legions of politicians, marketers and even the ever-peering government. We are being targeted daily by flaming liberals, left-wing liberals, right-wing conservatives, compassionate conservatives, religious conservatives and liberals, pinko liberals, middle-of-the-road liberals conservatives and liberals, pinko liberals, middle-of-the-road liberals and conservatives and of course by neoconservatives and neoliberals. The search is on for kindred souls -- the types who will open their wallets to support whatever it is the hucksters are peddling. But what to these concepts mean and do their torchbearers grasp the underlying philosophies or do they care? This bibliography lists over hundreds of entries under each category which are then indexed by title an author.

Anuario Interamericano de Derechos Humanos
Anuario Interamericano de Derechos Humanos

Author: Oas Staff

Publisher: Martinus Nijhoff Publishers

Published: 1998-01-01

Total Pages: 1000

ISBN-13: 9789041105349

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This volume of the "Inter-American Yearbook on Human Rights" covers the year 1995, and contains all the documents and information (in English and Spanish) concerning the activities of the Organization of American States in the field of the promotion and protection of human rights. Like its predecessors, this "Yearbook" aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of Human Rights.

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 31 (2015)
Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 31 (2015)

Author: Inter-American Commission on Human Rights

Publisher: BRILL

Published: 2022-08-22

Total Pages: 952

ISBN-13: 9004530541

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The 2015 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is published as an English-Spanish bilingual edition. The print edition is available as a set of three volumes (9789004338524).