Книги издательства Oxford University Press
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
- Provides day to day guidance on the application of the law for practitioners, police officers, and other investigators alike — Includes the RIPA 2000 Codes of Practice and all other relevant legislation allowing easy access to key source material — Provides useful guidance notes, case law, codes, rules, regulations with commentary, footnotes, and cross-referencing to key sections, as a guide to the law relating to surveillance and the covert gathering of intelligence This handbook, containing annotated materials and case summaries brought together in one volume, is an essential guide for practitioners, police officers, and other investigators alike. Focusing on the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Tribunal established by the Act, it is a practical tool for use both pre-trial and during trial. The book includes all relevant materials and guidance, case law, codes, rules, and regulations with commentary, footnotes, and cross-referencing to key sections, providing quick and easy access to the law relating to surveillance and the covert gathering of intelligence.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
- A timely examination of the completely revised EC competition law regime for intellectual property licensing — Step-by-step guidance on the new «self-assessment» approach to exemption — Considers to what extent old case law is valid today, allowing practitioners to assess whether their existing agreements comply with the new law — Makes the recent changes in the treatment of intellectual property readily understandable to specialists and non-specialists alike — Draws important lessons for IP licensing from case law in other sectors — Written by expert authors combining analytical skills with practical understanding of the subject The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: (i) the context of the modernisation reforms of EC competition law generally; and (ii) the changes in treatment of «technology transfer» within the broader context of changes in treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation. The central feature of the Commission's new approach is that firms and practitioners must engage in self-assessment to determine whether their agreements comply with Community competition law. Paradoxically, this makes it more important that practitioners understand the significance of the old case law: the book considers to what extent these cases remain valid today. It also goes beyond paraphrasing the Commission's Guidelines, discussing their legal basis and, where appropriate, criticising the approach taken by the Guidelines where the legal basis is unsure.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
- The only text on the practice and procedure of the TCC — Narrative is clear and concise, focussing on practical guidance to TCC practice — Written by specialist practitioners, the text is legally authoritative — it can be relied on for accurate legal guidance on the Court and its powers — Comprehensive appendices containing: relevant legislation, rules of procedure, Practice Direction, standard forms, lists of Judges, and sample Scott schedules — The book is fully up-to-date to take account of the second edition of the TCC Guide, which took effect from October 2005 The Technology and Construction Court is one of the specialist jurisdictions of the High Court. It deals with a specialised workload involving construction industry and engineering disputes and, increasingly, information technology disputes. Its work often involves heavy factual cases, but also action in support of other dispute resolution methods such as arbitration, mediation, or adjudication under the Housing Grants, Construction, and Regeneration Act 1996. Technology and Construction Court :Practice and Procedure provides a unique and authoritative guide to this jurisdiction. It examines the day-to-day workings of the Court in detail, including: the relevant Civil Procedure Rules, the Pre-Action Protocol procedure, case management, alternative dispute resolution, the Court's support for arbitration, the stages in proceedings leading up to trial, the enforcement of adjudicators' decisions and costs. The book is fully up-to-date to take account of the second edition of the TCC Guide, which took effect on October 2005. The text offers step-by-step guide to the practice and procedures involved in the initiating and defending of proceedings, together with expert analysis and guidance on matters unique to the Court — such as Scott schedules, handling of expert witnesses, and enforcement of adjudication decisions. The authors are specialist practitioners with extensive experience of the Court from both sides of the legal profession. They have combined an authoritative analysis of the powers and constitution of the Court with detailed attention to the practical matters facing litigants, including timescales, costs, and the interaction of the Court's powers with alternative dispute resolution methods. There are useful appendices with extensive materials including a list of the current Judges, a list of District Registries, relevant legislation, rules of procedure, Practice Directions, and statutory instruments and various standard forms. This detailed and authoritative guide to the practice and procedure of this Court will be an essential reference work for all practitioners and in-house counsel involved with construction, engineering and IT disputes.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
- Contains detailed case studies from India, China, Malaysia and Singapore which are supported by critical commentary — Provides a useful comparative model for the assessment of other states within Asia — Tackles the issues of Asian protection of minority rights from a multi-disciplinary approach, including comparative constitutional analysis, international relations, and social and cultural anthropology — Goes beyond the traditional focus on the Asian cultural relativism debate to look at minority rights legal regimes in Asia The absence of a regional system of human rights protection for Asia, and the ambivalence of some Asian states towards existing human rights regimes often results in a lack of awareness of the plight of minorities in these states. The existing human rights literature on Asia tends to focus on the debate of cultural relativism. On the other hand, minority rights literature largely ignores Asia. This book tackles this lacuna by undertaking an analysis of the minority rights legal regimes in India, China, Malaysia and Singapore, while also locating this discussion in the context of a wider debate on human rights in Asia. India and China, the world's most populous states, face similar problems vis-à-vis minorities, yet tackle these using starkly different techniques. Malaysia and Singapore, vocal in their articulation of 'Asian Values', have taken opposing stances over minority rights. Malaysia has sought to establish Malay hegemony using minority rights tools in favour of the majority, while Singapore deliberately adopted a doctrine of meritocracy, nonetheless emphasising ethnic fault-lines within its population. Together the four states reflect not only the complex layers of culture and identity within Asian states, but also the vastly different political systems and contrasting conceptions of the role of law in the continent. Through its examination of minority rights theory and its application in specific cases, this book provides a useful comparative model for the assessment of other states within Asia, thereby taking an important first step towards understanding the situation of minorities within the entire continent.
Название: A Theory of Linguistic Signs
Жанр: Oxford University Press
Год: 1998
Рейтинг:
Описание:
- An essential contribution to our understanding of the dynamics and evolution of natural languages What does it mean to drive a Cadillac? What does `cuckoo' suggest about the bird? -- two examples explored in this investigation of the history of language signs and of what philosophers, linguists, and others have had to say about them. Rudi Keller shows how signs emerge, function, and develop in the permanent process of language change. He recombines thoughts and ideas from Plato to the present day to create a new theory of the meaning and evolution of icons and symbols. By assuming no prior knowledge and by developing his argument from first principles, Rudi Keller has written a basic text which includes all the necessary features: easy style, good organization, original scholarship, and historical depth. This is a non-technical book which will interest linguists, philosophers, students of communications and cultural studies, semioticians/semanticists, sociologists, and anthropologists.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
Sets out and defines basic legal terms and issues concerning international trade in services
Жанр: Oxford University Press
Год: 2005
Рейтинг:
Описание:
- A detailed and modern examination of the choice of law rules in inter vivos transfers of property — Analyses relevant principles under both English and Scottish law — Covers an area of current interest and topicality, including cultural property and indirectly held securities — Offers balanced solutions to complex problems arising in choice of law rules related to property This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property (including the special case of cultural property), and intangible movable property (including indirectly held securities). The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict of laws.
Название: Transnational Litigation: A Basic Primer
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
This is a clear, easy-to-understand guide on the issues and decision points encountered when planning to resolve of avoid a transational dispute. Each basic concept and all facets of litigation procedure and strategy are explored in the context of multijuridictional interaction. These decision points occur at each and every phase of the actual litigation process, and are mirrored in the planning mode where dispute avoidance is the primary objective. The first half of this book is a practitioner's guide with ample descriptions of how to conduct litigation abroad. The second half is sub-divided into six appendices, with a table of cases and topic index to help practitioners get up to speed quickly and easily.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
Detailed discussion of the tensions between national and International law should be of interest to constitutional scholars and students of international law.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
- A key text for the arbitration community, both private and governmental, corporate counsel, to NAFTA (and CAFTA), and BIT/World Bank investment arbitration worlds — The analysis is organized by rule number and stage of proceedings, and reproduces extracts of actual judgements and caselaw from a wide range of tribunals including ICSID, and NAFTA chapter 11 arbitrations — The authors have all served with the staff of the Iran -United States Claims Tribunal, and served as arbitrators, counsel, and judges with institutions such as ICSID, the European Court of Human Rights, and the United Nations Reaching past the secrecy so often met in arbitration, this study explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. Pulling together difficult to obtain sources from the Iran -United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations the Authors illuminate the shape the bare bones UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is also faithfully extracted and reproduced so that it may be argued in yet unforeseen procedural contexts. Rich both in its analysis and sources, this text is indispensable for the international arbitration field. The Authors have all served with the staff of the Iran -United States Claims Tribunal and served as arbitrators, counsel and judges with institutions ranging from the World Bank's International Centre for Settlement of Investment Disputes, to the European Court of Human Rights, and the United Nations.
Название: Understanding Deviance
Жанр: Oxford University Press
Год: 2007
Рейтинг:
Описание:
- A balanced and clear introduction which examines the major sociological theories of crime, deviance, and control, enabling students to gain a full and rounded understanding of the subject — International sources are drawn upon throughout, placing all significant theoretical developments in their European and American contexts, thereby enabling students to survey the wider issues in these areas — The important arguments, criticisms, and defences of the main sociological theories of crime and deviance are sympathetically reproduced, guiding students through the complexities of the subject New to this edition — Fully revised to offer up-to-date coverage of the issues of crime, deviance and theory in the early twenty-first century including additional commentary on post-modernist approaches, summaries of cultural criminology and more substantial assessments of contributions made by such authors as Laub and Sampson, and Gottfredson and Hirschi, to anomie, strain and control theories, and their implications for social policy. Downes and Rock's popular textbook, Understanding Deviance provides the reader with an indispensable guide to criminological theory. It sympathetically outlines the principal theories of crime and rule-breaking, discussing them chronologically, and placing them in their European and North American contexts, confronting major criticisms that have been voiced against them, and constructing defences where appropriate. The book has been thoroughly revised and brought up to date to include new issues of crime, deviance and theory in the early twenty-first century, and includes summaries of cultural criminology and the work of Laub and Sampson, and Gottfredson and Hirschi, on control theory.
Название: Understanding the Law
Жанр: Oxford University Press
Год: 2013
Рейтинг:
Описание:
- An ideal introduction for anyone who is considering a career in the law, preparing for university, or embarking on a law course at college or school — A lively and accessible introduction to law, covering the history and workings of the courts and their personnel — Includes topical issues such as human rights and drugs — Geoffrey Rivlin's engaging style provides a fascinating insight into the English legal system New to this edition — Fully updated to include several new cases in the final chapter of the book, including the Catherine Zeta Jones case, giving the reader an up-to-date introduction to the workings of the English legal system — Includes lots of new examples to illustrate the descriptions and further engage the reader — Includes extended coverage on judicial precedent, human rights, and European law Understanding the Law is an engaging and accessible introduction to the law. Geoffrey Rivlin provides a wealth of fascinating detail about the legal system and the many people who participate in it, from judges to MPs and police officers. The book describes how laws are made and how cases are tried, and includes chapters on the principles involved in the administration of justice, the development of the common law, the constitution, legal professions, and courts. An updated selection of real-life cases help bring the book to life, and there are questions to accompany each chapter to encourage the reader to engage with the material. This book is ideal for anyone considering a career in the law, preparing for university, or embarking on a law course at school or college.
Жанр: Oxford University Press
Год: 2001
Рейтинг:
Описание:
- The major work of an internationally admired philosopher — A controversial approach to philosophy of language — A distinctive interpretation of Wittgenstein The Uses of Sense provides a novel account of Wittgenstein's view of language as expressed in the Philosophical Investigations . On the account, Wittgenstein's view is a radical break with a still-dominant Fregean tradition. Travis applies this account to show the significance of private language and of other major themes in the Investigations , such as family resemblance and language games. Wittgenstein uses the idea of private language for a thought experiment. What is the experiment meant to test? Travis suggests that it is two pictures of the having of semantic properties, by whatever items might do so, that are at stake. One picture is Fregean. The other is opposed to it in denying a certain fixity in the semantic properties of an item which, for example, might permit simply defining some items as the bearers of such-and-such semantics. On Wittgenstein's picture, the semantics of any item is variable across occasions for viewing it or using it. This variability arises through the dependence of any item's semantics on its users and their uses of it. This dependence requires publicity of a sort excluded by private language. If items may still have semantics privately, Travis argues, then Wittgenstein's picture may not be compulsory. But if semantics collapses under such unnatural conditions, then, in ways Wittgenstein indicates, that shows something fundamentally mistaken in the Fregean approach.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
- Indispensable tool for drafting or reviewing vertical agreements — Practical solutions to commercial problems — Complete coverage of EC competition law applicable to distribution agreements — Detailed analysis of the general block exemption for vertical agreements (Regulation 2790/99), the motor vehicle block exemption (Regulation 1400/2002) and competition law aspects of other vertical agreements — Easy to use with handy overviews of various distribution formulas — References to sources in various languages This book analyses the EC competition rules applicable to vertical agreements, including Regulation 2790/99 (the general block exemption applicable to vertical agreements), Regulation 1400/2002 (the motor vehicle block exemption) and also vertical agreements not covered by a block exemption. The book includes informal guidance obtained from DG Competition. The authors consider issues directly relevant in the commercial world, answering questions such as: Under what conditions may a supplier impose territorial restrictions on his dealer network? Is it possible to impose maximum retail prices? Are customer restrictions permissible in a selective distribution system? Can a supplier assume an exclusive supply obligation? Are non-compete restrictions compatible with Regulation 2790/99? Is an exclusive supply-back obligation included in a subcontracting arrangement enforceable? The authors draw on their experience in this area of competition law to address the more complex issues relating to vertical restraints. They offer practical solutions to commercial problems and provide an indispensable tool for all practitioners active in the drafting or reviewing of vertical agreements.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
- Contains original empirical research using fieldwork methods, and extracts from real trials — Offers insights into the victims', witnesses', and defendants' views of criminal trials — Identifies problems in the presentation of testimony and evidence, and how these can be addressed by technological and procedural changes — Examines how lawyers' tactics and rhetoric can substantively affect trial outcomes Courting violence analyses how the courts handle cases of physical violence. It examines how lawyers and judges go about questioning defendants, witnesses and victims, how testimony and physical evidence is used, what victims, witnesses and defendants think of the trial process, and the views of lay and professional participants about violent offences. The book is based on original fieldwork at criminal trials and interviews with those involved. It is known that courtroom language, and the handling of evidence, influences the outcome of cases, and that those unfamiliar with the courts may feel bewildered and intimidated by courtroom language and procedures. The book examines the workings of such processes in cases of physical violence, with careful attention to assumptions made by lawyers, judges and others as they relate to gender, social class, ethnicity, and people exhibiting patterns of behaviour, such as young men who drink heavily in groups. Key findings examine lay participants' understanding of courtroom procedure and language, satisfaction with their ability to participate competently, and willingness to assist the courts again. The book profiles the frustrations caused by the restricted role granted lay participants in trials, and reports problems concerning the experience of minority ethnic groups. Other themes include resource problems; the potential to improve proceedings by technological means; the role of the police, expert witnesses and interpreters; and variations in approaches to the judicial role. Understandings of violence are treated as contingent and legally-reified, and victimisation as a negotiated process. Using accessible and engaging data the book shows readers the contemporary practice of criminal trials in the crown courts, highlights some of the most contentious and sensitive problems in criminal justice, and suggests improvements. It functions both as an accessible overview of the work of the courts and an insight into how society deals with serious crime.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
- The first legal commentary on the WTO Agriculture Agreement, analysing the obligations imposed by the agreement on WTO members and their development under the case-law of the WTO — Provides a history of international trade regulation of agriculture before the WTO, and the emergence of a need for a comprehensive agriculture agreement — Analyses the WTO's accommodation of developing countries, and the drive to settle a fairer agreement on farm subsidies currently dominating discussions about the WTO's future The WTO Agreement on Agriculture subjected agriculture to a set of international rules for the first time in the history of international trade. Ever since its negotiation the Agreement has been at the forefront of the controversy surrounding the purpose and impact of the WTO itself. This commentary provides a full legal analysis of the obligations imposed by the agreement on WTO members, and of the complex history of the Agreement's negotiation and revision and the controversy surrounding its effect on international development. The commentary is structured around the three areas of reform initiated by the Agreement — market access, domestic support and export competition. The book provides an in-depth examination of the substantive provisions and the disputes that have arisen in each of these three areas. In addition the book situates these provisions against their background in pre-WTO regulation. It analyses the operation of the 'Peace clause' and assesses the impact of the clause's expiration. The commentary concludes by assessing the Agreement's accommodation of and impact on developing economies, and examining the process of reforming domestic farm subsidies, one of the dominant issues currently confronting the WTO.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
- A complete review and exposition of the economics of safeguard measures — Extensive discussion of the causation test under WTO law and options for the future evolution of the law — Appendices contain relevant text from WTO and national law — A valuable guide to the law and policy of WTO safeguards for teachers of international trade law This book provides a thorough treatment of the legal, economic, and policy issues associated with safeguard measures in the WTO system. It includes a careful treatment of the history of safeguard measures under GATT, and the impetus for the Agreement on Safeguards during the Uruguay Round. It reviews the economic arguments for and against safeguard measures, including the modern political economy account of safeguards and nullescape clausesnull in international agreements. Subsequent chapters focus on the key legal issues associated with the use of safeguards, including the procedural requirements, the obligation to demonstrate unforeseen developments and increased imports, the concept of nullserious injury,null the puzzling causation test, and limitations on the scope of safeguard measures including non-discrimination principles. All of the safeguard decisions within the WTO dispute system are thoroughly dissected and analysed. Included as appendices are the relevant treaty text and the pertinent national legislation of the United States and European Union.
Жанр: Oxford University Press
Год: 2005
Рейтинг:
Описание:
- Analytical overview of the WTO's most technical and controversial agreement, the Anti-Dumping Agreement — Written in a non-technical manner and using simplified examples to appeal to non-experts as well as experts — Systematic article by article analysis by a leading practitioner The book provides an analytical overview of the World Trade Organisation's Anti-Dumping Agreement, as interpreted by WTO Panels and the Appellate Body. The Anti-Dumping Agreement is often perceived as being the most technical and controversial WTO agreement. While the basic concepts of dumping and resulting injury may appear deceptively simple, complex methodology related to the calculation of dumping and injury margins, as well as the very detailed procedural requirements that authorities need to comply with before taking anti-dumping action, make the Anti-Dumping Agreement difficult to apply and understand in practice. While the book of necessity goes into great detail about the intricacies of anti-dumping law and practice, it attempts to explain the various concepts in a relatively non-technical manner by means of simplified examples that are easy to grasp for experts and non-experts alike. The book also pays extensive attention to interpretations of the various provisions of the Anti-Dumping Agreement by WTO panels and the Appellate Body. There have been more WTO cases under the Anti-Dumping Agreement than under any other WTO Agreement, reflecting both the increased recourse to anti-dumping measures by WTO members all over the world and the complexity of abiding by the WTO rules. WTO Panels and the Appellate Body, called upon to review administrative determinations and aspects of national legislation, have done a remarkable job in interpreting the WTO rules. For WTO members, wishing to impose anti-dumping measures in a WTO-consistent manner, knowledge not only of the Agreement itself, but also of such interpretations, is therefore a must.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
The coming into existence of the WTO agreements has affected international economic relations and activities to an unprecedented extent by formalizing and institutionalizing them into a multilateral system. The WTO has also brought into being mechanisms to monitor compliance with the agreements. Meanwhile over the years norms of international environmental law have also evolved at both international and regional levels. Some treaties require signatory nations to change their own legal systems to harmonize them with the new norms aimed at protecting the earth's environment. The very important question which arises as a result is: Do the WTO norms override those of international environmental law? The author of this extremely topical book has made a detailed study of these two aspects of international law, discussed the interface between them with the aim of identifying methods of harmonious interpretation. The author argues that it is possible to make the rules under the law of international trade and of environmental law compatible by giving primary importance to humanity's ultimate goal of environmentally sustainable economic development.
Жанр: Oxford University Press
Год: 2006
Рейтинг:
Описание:
Will cyberanarchy rule the net? And if we do find a way to regulate our cyberlife will national borders dissolve as the Internet becomes the first global state? In this provocative new work, Jack L. Goldsmith and Tim Wu dismiss the fashionable talk of both a 'borderless' net and of a single governing 'code'. Territorial governments can and will, they contend, exercise significant control over all aspects of Internet communications. Examining policy puzzles from e-commerce to privacy, speech and pornography, intellectual property, and cybercrime, Who Controls the Internet demonstrates that individual governments rather than private or global bodies will play that dominant role in regulation. Accessible and controversial, this work is bound to stir comment.
