Recharacterizing Restructuring
Recharacterizing Restructuring

Author: Kerry Rittich

Publisher: Martinus Nijhoff Publishers

Published: 2002-10-16

Total Pages: 344

ISBN-13: 9789041119353

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In the last decade, market-centered economic reforms have been implemented in a wide range of developing and transitional countries under the auspices of the international financial institutions. Whether or not they deliver the promised prosperity, they appear to be associated with widening economic inequality as well as disadvantage for particular social groups, among them women and workers. "Recharacterizing Restructuring" argues that such effects are neither temporary nor accidental. Instead, efforts to promote growth through greater efficiency inevitably engage distributive concerns. Change in the status of different groups is connected to the process of legal and institutional reform. Part I analyzes the place of law and institutional reform in current economic restructuring policies. Through post-realist legal analysis and institutional economics, it discusses the role of background legal rules in the allocation of resources and power among different groups. Part II traces how disadvantage might result for women in the course of economic reform, through an analysis of the World Bank's proposals for states in transition from plan to market economies. It considers such foundational issues as the place of unpaid work in economic activity, as well as the gendered nature of proposals to re-organize productive activity and the role of the state.

International Law
International Law

Author: Jan Klabbers

Publisher: Cambridge University Press

Published: 2023-11-02

Total Pages: 413

ISBN-13: 1009304313

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A landmark publication in the teaching of international law from one of the world's leading international lawyers. This refreshingly clear, concise textbook conveys the dynamics of international law through four questions: Where does it come from? To whom does it apply? How does it resolve conflict? What does it say?

The Politics of Private Transnational Governance by Contract
The Politics of Private Transnational Governance by Contract

Author: A. Claire Cutler

Publisher: Taylor & Francis

Published: 2017-03-31

Total Pages: 331

ISBN-13: 1315409569

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Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index

International Law and the Politics of History
International Law and the Politics of History

Author: Anne Orford

Publisher: Cambridge University Press

Published: 2021-08-05

Total Pages: 395

ISBN-13: 1108574432

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As the future of international law has become a growing site of struggle within and between powerful states, debates over the history of international law have become increasingly heated. International Law and the Politics of History explores the ideological, political, and material stakes of apparently technical disputes over how the legal past should be studied and understood. Drawing on a deep knowledge of the history, theory, and practice of international law, Anne Orford argues that there can be no impartial accounts of international law's past and its relation to empire and capitalism. Rather than looking to history in a doomed attempt to find a new ground for formalist interpretations of what past legal texts really mean or what international regimes are really for, she urges lawyers and historians to embrace the creative role they play in making rather than finding the meaning of international law.

Beyond Systemic Discrimination
Beyond Systemic Discrimination

Author: Päivi Gynther

Publisher: BRILL

Published: 2007-11-30

Total Pages: 369

ISBN-13: 9047421671

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This coherent and pragmatically relevant monograph examines the soundness of the legal framework in education. Deriving from the disadvantage doctrine, it presents an analytical scheme for diagnosing whether or not domestic education law is in harmony with international human rights and minority rights law. The book examines law as a system and focuses on the reported perpetuation of educational disadvantage among Roma all over Europe. This focus suggests that minority individuals falling into several partly overlapping categories may become subjected to educational discrimination even by states that appear to fulfil relevant international standards. A functional approach to skills acquisition is suggested as a constructive way forward towards sustainable and inclusive education systems.

Women and Gender in Central and Eastern Europe, Russia, and Eurasia
Women and Gender in Central and Eastern Europe, Russia, and Eurasia

Author: Mary Zirin

Publisher: Routledge

Published: 2015-03-26

Total Pages: 2121

ISBN-13: 131745197X

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This is the first comprehensive, multidisciplinary, and multilingual bibliography on "Women and Gender in East Central Europe and the Balkans (Vol. 1)" and "The Lands of the Former Soviet Union (Vol. 2)" over the past millennium. The coverage encompasses the relevant territories of the Russian, Hapsburg, and Ottoman empires, Germany and Greece, and the Jewish and Roma diasporas. Topics range from legal status and marital customs to economic participation and gender roles, plus unparalleled documentation of women writers and artists, and autobiographical works of all kinds. The volumes include approximately 30,000 bibliographic entries on works published through the end of 2000, as well as web sites and unpublished dissertations. Many of the individual entries are annotated with brief descriptions of major works and the tables of contents for collections and anthologies. The entries are cross-referenced and each volume includes indexes.

Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery
Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery

Author: Prabha Kotiswaran

Publisher: Cambridge University Press

Published: 2017-05-25

Total Pages: 607

ISBN-13: 1108228739

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In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.

Politics in North America
Politics in North America

Author: Yasmeen Abu-Laban

Publisher: University of Toronto Press

Published: 2007-09-01

Total Pages: 1078

ISBN-13: 1442604387

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It is no longer sufficient to examine discrete nation-states in isolation from each other. In Politics in North America: Redefining Continental Relations, prominent authors from Canada, the United States, and Mexico explore the politics of redefining the institutional, economic, geographic, and cultural boundaries of North America. The contributors argue that the study of politics in the twenty-first century requires simultaneous attention to all levels (local, national, and international) as well as, increasingly, to continents. This argument is explored through the historical and contemporary social and political forces that have created competing visions of what it means to belong to a North American political community. In this process, new debates emerge in the book concerning the appropriate role for the state, as well as the meaning of sovereignty, democracy, and rights.

Big Data, Databases and "Ownership" Rights in the Cloud
Big Data, Databases and

Author: Marcelo Corrales Compagnucci

Publisher: Springer Nature

Published: 2019-11-02

Total Pages: 324

ISBN-13: 9811503494

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Two of the most important developments of this new century are the emergence of cloud computing and big data. However, the uncertainties surrounding the failure of cloud service providers to clearly assert ownership rights over data and databases during cloud computing transactions and big data services have been perceived as imposing legal risks and transaction costs. This lack of clear ownership rights is also seen as slowing down the capacity of the Internet market to thrive. Click-through agreements drafted on a take-it-or-leave-it basis govern the current state of the art, and they do not allow much room for negotiation. The novel contribution of this book proffers a new contractual model advocating the extension of the negotiation capabilities of cloud customers, thus enabling an automated and machine-readable framework, orchestrated by a cloud broker. Cloud computing and big data are constantly evolving and transforming into new paradigms where cloud brokers are predicted to play a vital role as innovation intermediaries adding extra value to the entire life cycle. This evolution will alleviate the legal uncertainties in society by means of embedding legal requirements in the user interface and related computer systems or its code. This book situates the theories of law and economics and behavioral law and economics in the context of cloud computing and takes database rights and ownership rights of data as prime examples to represent the problem of collecting, outsourcing, and sharing data and databases on a global scale. It does this by highlighting the legal constraints concerning ownership rights of data and databases and proposes finding a solution outside the boundaries and limitations of the law. By allowing cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of service-level agreements (SLAs), individual customers as well as small and medium-sized enterprises could efficiently and effortlessly choose a cloud provider that best suits their needs. This approach, which the author calls “plan-like architectures,” endeavors to create a more trustworthy cloud computing environment and to yield radical new results for the development of the cloud computing and big data markets.

Rome Convention - Rome I Regulation
Rome Convention - Rome I Regulation

Author: Alexander J. Belohlávek

Publisher: Juris Publishing, Inc.

Published: 2011-01-01

Total Pages: 1636

ISBN-13: 1578233224

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As of 17 December 2010, the Rome I Regulation (EU Regulation 593/2008) on the law applicable to contractual obligations is directly applicable in all EU Member States with the exception of Denmark. The Rome I Regulation replaces the Rome Convention of 1980 in the EU Member States and will apply to all contracts concluded as of 17 December 2010. However, and herein lies the utility and great importance of this work, the Rome Convention and the Rome I Regulation will be applied in parallel for a significant time to come (the author himself anticipates a ten-to-fifteen year period); in the latter case to contracts made after 17 December, 2010. This is why this commentary takes into account both sources of law, in their mutual interaction and broader context. The comprehensiveness of the Rome Convention / Rome I Regulation is clearly apparent, but one of the great achievements of the author is his amassing of over 1,800 judicial decisions, most of which are furnished with a detailed commentary; where these decisions apply national laws, the latter are cited both in the original and in translation. For a number of rulings, the commentary include not only a case summary of the facts and an analysis of the conclusions drawn by the court, but also takes them as models to hypothesize what conclusions would be reached if the Rome I Regulation were to be applied.