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The Role of the Public Bureaucracy in Policy Implementation in Fi...
by Jon S. T. Quah

Language

English

Pages

489

Publication Date

February 12, 2016

Product Description
Customer Reviews
This pioneering book addresses an important gap in the literature by comparing the role of the public bureaucracies in policy implementation in Indonesia, Malaysia, the Philippines, Singapore and Vietnam. It highlights the importance of the policy context, especially the commitment of the government in allocating the necessary resources and the support of the implementers, as well as the public bureaucracy's effectiveness, as the critical factors responsible for effective policy implementation. The comparative analysis shows that the public bureaucracies in Singapore and Malaysia are more effective in policy implementation than their counterparts in Indonesia, the Philippines and Vietnam because of their favourable policy contexts and higher level of organizational effectiveness. The focus on policy context and the public bureaucracy's role in the policy-making process and its implementation of two ASEAN policies will be of interest to policymakers, civil servants, scholars and students concerned with enhancing policy implementation in the ASEAN countries.
Contemporary Maritime Piracy: International Law, Strategy, and Di...
by James Kraska

Language

English

Pages

253

Publication Date

June 02, 2011

Product Description
Customer Reviews
<p>This volume provides a concise introduction to the issues and debates regarding modern piracy, including naval operations, law, and diplomacy, and focuses on the recent surge of attacks off the coasts of Africa and Asia.</p><p><br />• Includes maps and relevant key documents</p><p>• Provides a bibliography of sources of additional information regarding international piracy</p>
Human Rights Transformed: Positive Rights and Positive Duties
by Sandra Fredman FBA

Language

English

Pages

281

Publication Date

March 06, 2008

Product Description
Customer Reviews
Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights.<br /><br />This view fundamentally shifts the focus of human rights. As well as restraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and political rights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration,<br />little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, South Africa, the European Convention on Human Rights, the European Union, Canada and the UK, this book aims to create a theoretical and applied framework for<br />understanding positive human rights duties.<br /><br />Part I elaborates the values of freedom, equality, and solidarity underpinning a positive approach to human rights duties, and argues that the dichotomy between democracy and human rights is misplaced. Instead, positive human rights duties should strengthen rather than substitute for democracy, particularly in the face of globalization and privatization. Part II considers justiciability, fashioning a democratic role for the courts based on their potential to stimulate deliberative democracy in<br />the wider environment. Part III applies this framework to key positive duties, particularly substantive equality and positive duties to provide, traditionally associated with the Welfare State or socio-economic rights.
Trusts in Latin America
by Nicolas Malumian

Language

English

Pages

432

Publication Date

October 16, 2009

Product Description
Customer Reviews
The growing interest in investment in Latin America - particularly in commodities production and real estate development - has increased the use of trusts as investment vehicles throughout Latin America. Written for the English-speaking practitioner, the book covers Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, México, Panamá, Paraguay, Perú, Uruguay and Venezuela and provides a practical, clear, and thorough explanation of trusts as legal vehicles for investment in Latin American countries. <strong>Trusts in Latin America</strong> provides a comprehensive, comparative review of statutes, case law, and examples of trusts in Latin America, and also highlights differences between these countries and common-law systems.
The Law and Practice of Piracy at Sea: European and International...
by Panos Koutrakos

Language

English

Pages

416

Publication Date

December 01, 2014

Product Description
Customer Reviews
This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism.<br /><br />This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK).<br />The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together.<br /><br />The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.
Customs Valuation and Transfer Pricing: Is it Possible to Harmoni...
by Juan Martin Jovanovich

Language

English

Pages

200

Publication Date

April 24, 2016

Product Description
Customer Reviews
<p>Issues of transfer pricing have come to the fore in both international tax and customs regimes. In particular, the problem of how to apply the two systems of valuation to the same transaction is of widespread concern. This well-known book, now in a fully updated second edition, is a problem-solving guide for professionals charged with valuating transactions in their client’s or company’s best interests. Through detailed examination of relevant guidelines, transfer pricing methodologies, and business realities prevailing among multinational enterprises, it offers a cogent and convincing account of how tax and customs transfer pricing regimes may be harmonized.</p> <br /><p>Among other essential elements, the author discusses the following in depth:</p><br /><ul><br /><li>– the OECD Transfer Pricing Guidelines;</li><br /><li>– the GATT/WTO Customs Valuation Code (GVC) and other valuation rules in key jurisdictions and regional agreements;</li><br /><li>– the OECD and UN model tax conventions;</li><br /><li>– the arm’s length principle;</li><br /><li>– methods, both traditional and new, of determining whether the parties’ relationship in uenced the price; and</li><br /><li>– additions to and deductions from the customs value.</li><br /></ul> <br /><p>This second edition discusses new developments in the eld, including a chapter on Commentary 23.1 and Case Study 14.1 of the Technical Committee on Customs Valuation of the World Customs Organization (WCO) – the rst international instruments linking transfer pricing and customs valuation. The book concludes with an analysis of the circumstances and conditions under which the introduction of transfer pricing year-end adjustments to transaction value would be consistent with Article 1 of the GVC.</p><br /><p>The book will continue to provide practitioners, customs administrations, and academics with a highly practical analysis of the intersection of transfer pricing and customs valuation. It will be welcomed by customs administrations charged with examining the acceptability of a transaction value xed between related parties and by multinational companies as a truly actionable tool they can use to optimize decision-making as it relates to transfer pricing and customs valuation in a “real world” setting.</p>
Drug Control and International Law (Routledge Research in Interna...
by Daniel Wisehart

Language

English

Pages

244

Publication Date

October 08, 2018

Product Description
Customer Reviews
<p>This book provides for an extensive legal analysis of the international drug control system in light of the growing challenges and criticism that this system faces. In the current debate on global drug policy, the central pillars of the international drug control system – the UN Drug Conventions as well as its institutions – are portrayed as outdated, suppressive and seen as an obstacle to necessary changes. The book’s objective is to provide an in-depth and positivist insight into drug control’s present legal framework and thus provide for a better understanding of the normative assumptions upon which drug control is currently based. This is attained by clarifying the objectives of the international drug control system and the premises by which these objectives are to be achieved. </p><br /><p></p><br /><p>The objective of the current global framework of international drug control is the limitation of drugs to medical and scientific purposes. The meaning of this objective and its concrete implications for States’ parties as well as its problems from the perspective of other regimes of international law, most notably international human rights law, are extensively analysed. Additionally, the book focuses on how the international drug control system attempts to reach the objective of confining drugs to medical and scientific purposes, i.e. by setting up a universal system that exercises a rigid control on drug supply. The consequences of this heavy focus on the reduction of drug supply are outlined, and the book concludes by making suggestions on how the international drug control system could be reformed in the near future in order to better meet the existing challenges.</p><br /><p>The analysis occurs from a general international law perspective. It aims to map the international drug control system within a wider context of international law and to understand whether the problems that the international drug control system faces are exemplary for the difficulties that institutionalized systems of global scope face in the twenty-first century.</p><br /><p> </p>
The Right Wrong Man: John Demjanjuk and the Last Great Nazi War C...
by Lawrence Douglas

Language

English

Pages

337

Publication Date

January 12, 2016

Product Description
Customer Reviews
<p><b>Now the subject of the Netflix documentary <i>The Devil Next Door</i></b><br /><b></b><br /><b>The incredible story of the most convoluted legal odyssey involving Nazi war crimes</b></p><p>In 2009, <i>Harper's Magazine</i> sent war-crimes expert Lawrence Douglas to Munich to cover the last chapter of the lengthiest case ever to arise from the Holocaust: the trial of eighty-nine-year-old John Demjanjuk. Demjanjuk’s legal odyssey began in 1975, when American investigators received evidence alleging that the Cleveland autoworker and naturalized US citizen had collaborated in Nazi genocide. In the years that followed, Demjanjuk was stripped of his American citizenship and sentenced to death by a Jerusalem court as "Ivan the Terrible" of Treblinka—only to be cleared in one of the most notorious cases of mistaken identity in legal history. Finally, in 2011, after eighteen months of trial, a court in Munich convicted the native Ukrainian of assisting Hitler’s SS in the murder of 28,060 Jews at Sobibor, a death camp in eastern Poland.</p><p>An award-winning novelist as well as legal scholar, Douglas offers a compulsively readable history of Demjanjuk’s bizarre case. <i>The Right Wrong Man</i> is both a gripping eyewitness account of the last major Holocaust trial to galvanize world attention and a vital meditation on the law’s effort to bring legal closure to the most horrific chapter in modern history.</p>
The Foreign Corrupt Practices Act Handbook: A Practical Guide for...
by , Peter P. Tomczak

Language

English

Pages

1216

Publication Date

May 07, 2019

Product Description
Customer Reviews
<p>With its comprehensive analysis of potential FCPA liabilities and sound practical suggestions as to how to deal with them, this book is a very valuable asset for both unseasoned and seasoned FCPA practitioners. Foreign Corrupt Practices Act Handbook, Fifth Edition offers 50 new FCPA resolutions, including coverage of Brazil, Canada, China, India, Russia, and UK statutes. You’ll also find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation.</p>
Rediscovering the Law of Negligence
by Allan Beever

Language

English

Pages

563

Publication Date

May 30, 2007

Product Description
Customer Reviews
Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. <br />The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.

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