Georgina Waylen
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199248032
- eISBN:
- 9780191714894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199248032.003.0004
- Subject:
- Political Science, Political Theory
The final part of the book deals with the relationship between transitions to democracy, women's substantive representation, and policy outcomes. It completes the analysis of the circumstances under ...
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The final part of the book deals with the relationship between transitions to democracy, women's substantive representation, and policy outcomes. It completes the analysis of the circumstances under which a transition to democracy can alter different women's access to policymaking and with what results. After examining women's access to policymaking and gender policies under state socialist and authoritarian regimes, it moves on to look at post-transition outcomes. It focuses on the machinery of the state with regard to women, constitutional/legal frameworks, and codes, before turning to look at gender policy outcomes in three different areas: divorce and family law, domestic violence, and reproductive rights, particularly abortion. The final section examines how the social and economic transitions that have so often accompanied transition to democracy are gendered through an exploration of market reforms and welfare structuring.Less
The final part of the book deals with the relationship between transitions to democracy, women's substantive representation, and policy outcomes. It completes the analysis of the circumstances under which a transition to democracy can alter different women's access to policymaking and with what results. After examining women's access to policymaking and gender policies under state socialist and authoritarian regimes, it moves on to look at post-transition outcomes. It focuses on the machinery of the state with regard to women, constitutional/legal frameworks, and codes, before turning to look at gender policy outcomes in three different areas: divorce and family law, domestic violence, and reproductive rights, particularly abortion. The final section examines how the social and economic transitions that have so often accompanied transition to democracy are gendered through an exploration of market reforms and welfare structuring.
Kathleen M. Moore
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195387810
- eISBN:
- 9780199777242
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387810.003.0004
- Subject:
- Religion, Islam
In March 2008, Britain's Christian Research organization disseminated a study that made the following projection: By 2020, the number of Catholics attending Sunday mass will have been surpassed by ...
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In March 2008, Britain's Christian Research organization disseminated a study that made the following projection: By 2020, the number of Catholics attending Sunday mass will have been surpassed by the number of Muslims worshiping in mosques in Britain. This study came out in the middle of growing tensions about the place of Muslims in British society and fanned some alarmist flames about the changing face of Britain. This backlash was not far off the heels of a lecture given at the Royal Courts of Justice, in February 2008, by Dr. Rowan Williams, the archbishop of Canterbury and the head of the worldwide Anglican Communion, which also ruffled British feathers. He suggested that British Muslims be allowed to live freely under the shari'a law, signaling that there is something more than just the official British legal system alone. This speech not only highlights the significance of legal pluralism; it also raises the question of what it means to be a Muslim by conviction and free choice. This chapter discusses how some Muslim intellectuals have dealt with the question of the religious neutrality of the liberal state. It examines the question raised by official recognition of a shari'a council in Britain: To what extent should religious identity and practice be accommodated under a liberal legal framework? The chapter explores the related questions of power and representation at this significant site, where the diaspora intersects with the national spaces that it continually negotiates.Less
In March 2008, Britain's Christian Research organization disseminated a study that made the following projection: By 2020, the number of Catholics attending Sunday mass will have been surpassed by the number of Muslims worshiping in mosques in Britain. This study came out in the middle of growing tensions about the place of Muslims in British society and fanned some alarmist flames about the changing face of Britain. This backlash was not far off the heels of a lecture given at the Royal Courts of Justice, in February 2008, by Dr. Rowan Williams, the archbishop of Canterbury and the head of the worldwide Anglican Communion, which also ruffled British feathers. He suggested that British Muslims be allowed to live freely under the shari'a law, signaling that there is something more than just the official British legal system alone. This speech not only highlights the significance of legal pluralism; it also raises the question of what it means to be a Muslim by conviction and free choice. This chapter discusses how some Muslim intellectuals have dealt with the question of the religious neutrality of the liberal state. It examines the question raised by official recognition of a shari'a council in Britain: To what extent should religious identity and practice be accommodated under a liberal legal framework? The chapter explores the related questions of power and representation at this significant site, where the diaspora intersects with the national spaces that it continually negotiates.
Shannon A. Moore and Richard C. Mitchell
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0014
- Subject:
- Law, Family Law, Human Rights and Immigration
This chapter presents selected preliminary findings from an exploratory, qualitative study that began in 2008 utilizing grounded theory, analytical and methodological procedures to investigate ...
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This chapter presents selected preliminary findings from an exploratory, qualitative study that began in 2008 utilizing grounded theory, analytical and methodological procedures to investigate Canada's compliance with alternative standards for juvenile justice found within numerous United Nations frameworks. This chapter's authors' research aim was twofold: first, to uncover barriers to compliance and secondly, to identify mechanisms to address these impediments. The analytical focus of the study relied on the concept of ‘rights-based restorative justice’, one that integrates the core principles of the UN Convention on the Rights of the Child and those found within the Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters. Data were organized by contextualizing current statutory and local practices of rights-based restorative justice programming across the country within international legal frameworks, by constant comparison of data to data and data to literature, and by presenting thematic findings elicited from eight key informant interviews through salient quotes.Less
This chapter presents selected preliminary findings from an exploratory, qualitative study that began in 2008 utilizing grounded theory, analytical and methodological procedures to investigate Canada's compliance with alternative standards for juvenile justice found within numerous United Nations frameworks. This chapter's authors' research aim was twofold: first, to uncover barriers to compliance and secondly, to identify mechanisms to address these impediments. The analytical focus of the study relied on the concept of ‘rights-based restorative justice’, one that integrates the core principles of the UN Convention on the Rights of the Child and those found within the Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters. Data were organized by contextualizing current statutory and local practices of rights-based restorative justice programming across the country within international legal frameworks, by constant comparison of data to data and data to literature, and by presenting thematic findings elicited from eight key informant interviews through salient quotes.
Simone Abram and Sarah Blandy
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780197266380
- eISBN:
- 9780191879579
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197266380.003.0009
- Subject:
- Law, Environmental and Energy Law
This chapter examines publicly accessible urban green spaces, from both anthropological and socio-legal perspectives. It explores the concept of communal property through a case study of Heeley ...
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This chapter examines publicly accessible urban green spaces, from both anthropological and socio-legal perspectives. It explores the concept of communal property through a case study of Heeley People’s Park and two other urban parks in Sheffield, UK. It draws on a range of sources, including evidence of individual and collective practices which have changed the land over time. Tensions between the social understandings of ownership and belonging, and the legal definition of property, are highlighted through a bundle of rights analysis. The chapter considers different ownership structures and governance frameworks for urban green spaces, concluding that there is a mismatch between these legal arrangements and experiences of belonging and ownership, in the non-legal sense. The consequent difficulty in articulating a discourse of communal property undermines efforts to secure the funding needed to protect and maintain these important community resources.Less
This chapter examines publicly accessible urban green spaces, from both anthropological and socio-legal perspectives. It explores the concept of communal property through a case study of Heeley People’s Park and two other urban parks in Sheffield, UK. It draws on a range of sources, including evidence of individual and collective practices which have changed the land over time. Tensions between the social understandings of ownership and belonging, and the legal definition of property, are highlighted through a bundle of rights analysis. The chapter considers different ownership structures and governance frameworks for urban green spaces, concluding that there is a mismatch between these legal arrangements and experiences of belonging and ownership, in the non-legal sense. The consequent difficulty in articulating a discourse of communal property undermines efforts to secure the funding needed to protect and maintain these important community resources.
Dan Sarooshi
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198299349
- eISBN:
- 9780191714702
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299349.001.0001
- Subject:
- Law, Public International Law
This book examines one of the most important challenges facing the United Nations (UN) today: the effective and lawful use of force by or under its authority to maintain or restore peace. In ...
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This book examines one of the most important challenges facing the United Nations (UN) today: the effective and lawful use of force by or under its authority to maintain or restore peace. In particular, the book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace. The UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace. It is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective. However, the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has yet to be implemented. In response, the Council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g. the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g. the coalition against Iraq), and regional and collective self-defence organizations (e.g. NATO in Bosnia). It is this process of delegation of military enforcement powers by the Council which is the focus of the book. Specifically, the legal framework which governs the process of delegation by the Council of its Chapter VII powers is examined, along with the practice relating to the exercise of these powers by each of the delegates concerned, and the policy issues relating to such delegations.Less
This book examines one of the most important challenges facing the United Nations (UN) today: the effective and lawful use of force by or under its authority to maintain or restore peace. In particular, the book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace. The UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace. It is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective. However, the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has yet to be implemented. In response, the Council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g. the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g. the coalition against Iraq), and regional and collective self-defence organizations (e.g. NATO in Bosnia). It is this process of delegation of military enforcement powers by the Council which is the focus of the book. Specifically, the legal framework which governs the process of delegation by the Council of its Chapter VII powers is examined, along with the practice relating to the exercise of these powers by each of the delegates concerned, and the policy issues relating to such delegations.
Helen Keller, Magdalena Forowicz, and Lorenz Engi
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199600977
- eISBN:
- 9780191595820
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199600977.003.0002
- Subject:
- Law, Human Rights and Immigration, EU Law
This chapter describes the standard development of a case that arrives in Strasbourg to show the various opportunities for the settlement of a case in the different phases of the proceedings. The ...
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This chapter describes the standard development of a case that arrives in Strasbourg to show the various opportunities for the settlement of a case in the different phases of the proceedings. The chapter examines when friendly settlements come into play in the normal progression of an application before the Court. As the legal framework has changed in the last twenty years, the chapter reflects the roles of the different actors involved in friendly settlements following the various reforms. Further, it reviews the practice of the former European Commission of Human Rights by showing the peculiarities and the continuation of the scheme. The main focus is, however, the period from 1998 until 2009 and the legal framework in force at that time.Less
This chapter describes the standard development of a case that arrives in Strasbourg to show the various opportunities for the settlement of a case in the different phases of the proceedings. The chapter examines when friendly settlements come into play in the normal progression of an application before the Court. As the legal framework has changed in the last twenty years, the chapter reflects the roles of the different actors involved in friendly settlements following the various reforms. Further, it reviews the practice of the former European Commission of Human Rights by showing the peculiarities and the continuation of the scheme. The main focus is, however, the period from 1998 until 2009 and the legal framework in force at that time.
David J. Gerber
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199228225
- eISBN:
- 9780191711350
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228225.003.0010
- Subject:
- Law, Competition Law
This chapter ties together the preceding sections of the book. It takes a longer and broader view of the trajectories of national competition law experience and analyzes how they have been ...
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This chapter ties together the preceding sections of the book. It takes a longer and broader view of the trajectories of national competition law experience and analyzes how they have been intertwined with transnational competition law developments. These interrelationships shape the dynamics of global competition law development and, in order to be effective, any competition law regime for global markets must be based on them. The chapter evaluates the promise of global competition law development and the obstacles to creating a more effective legal framework for global economic relations. It concludes that the early 21st century represents a major point of transition in economic and political relations, and thus a ‘constitutional moment’ in which competition law can contribute to meeting human needs and enriching economic and political opportunities around the world.Less
This chapter ties together the preceding sections of the book. It takes a longer and broader view of the trajectories of national competition law experience and analyzes how they have been intertwined with transnational competition law developments. These interrelationships shape the dynamics of global competition law development and, in order to be effective, any competition law regime for global markets must be based on them. The chapter evaluates the promise of global competition law development and the obstacles to creating a more effective legal framework for global economic relations. It concludes that the early 21st century represents a major point of transition in economic and political relations, and thus a ‘constitutional moment’ in which competition law can contribute to meeting human needs and enriching economic and political opportunities around the world.
Dan Sarooshi
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198299349
- eISBN:
- 9780191714702
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299349.003.0008
- Subject:
- Law, Public International Law
The aim of any collective security system is to preserve, and ensure the observance of, certain community defined values. Under Chapter VII of the UN Charter, the Security Council is mandated to ...
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The aim of any collective security system is to preserve, and ensure the observance of, certain community defined values. Under Chapter VII of the UN Charter, the Security Council is mandated to determine what these community values are — what constitutes a threat to, or breach of, international peace and what is the appropriate measure to maintain or restore peace. The danger with the delegation of Chapter VII powers by the Security Council is that the interests of States may not converge with the most effective way to achieve the community defined values at best and at worst may even conflict with the attainment of such an objective. This is where application of the legal framework governing the process of delegation of Chapter VII powers is of primary importance. The role of law here is to prescribe the limits which regulate the delegation and exercise of these powers to ensure that the community-defined goal is achieved.Less
The aim of any collective security system is to preserve, and ensure the observance of, certain community defined values. Under Chapter VII of the UN Charter, the Security Council is mandated to determine what these community values are — what constitutes a threat to, or breach of, international peace and what is the appropriate measure to maintain or restore peace. The danger with the delegation of Chapter VII powers by the Security Council is that the interests of States may not converge with the most effective way to achieve the community defined values at best and at worst may even conflict with the attainment of such an objective. This is where application of the legal framework governing the process of delegation of Chapter VII powers is of primary importance. The role of law here is to prescribe the limits which regulate the delegation and exercise of these powers to ensure that the community-defined goal is achieved.
Claudena M. Skran
- Published in print:
- 1995
- Published Online:
- October 2011
- ISBN:
- 9780198273929
- eISBN:
- 9780191684081
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198273929.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter analyses the impact of the international refugee regime on the creation of policy concerning the security of the legal rights of the refugees. The customary legal framework proved to be ...
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This chapter analyses the impact of the international refugee regime on the creation of policy concerning the security of the legal rights of the refugees. The customary legal framework proved to be inadequate when the question arose about the safety of millions of refugees in the early 20th century. To correct this abnormality the principal makers of the regime embarked on a twofold strategy. First they sought to form a legal framework defining the status of refugees in international law. Secondly, the refugee agencies of the League of Nations tried to protect special groups of refugees with the intervention of consular services with the host governments. This twofold approach is discussed in detail throughout the chapter.Less
This chapter analyses the impact of the international refugee regime on the creation of policy concerning the security of the legal rights of the refugees. The customary legal framework proved to be inadequate when the question arose about the safety of millions of refugees in the early 20th century. To correct this abnormality the principal makers of the regime embarked on a twofold strategy. First they sought to form a legal framework defining the status of refugees in international law. Secondly, the refugee agencies of the League of Nations tried to protect special groups of refugees with the intervention of consular services with the host governments. This twofold approach is discussed in detail throughout the chapter.
Roger Undy, Patricia Fosh, Huw Morris, Paul Smith, and Roderick Martin
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198289197
- eISBN:
- 9780191684685
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198289197.003.0008
- Subject:
- Business and Management, HRM / IR, Organization Studies
This final chapter attempts to compare and contrast the rigid legal framework that the UK is practicing today and the emergence of the industrial action with the legal frameworks of unions in a ...
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This final chapter attempts to compare and contrast the rigid legal framework that the UK is practicing today and the emergence of the industrial action with the legal frameworks of unions in a selection of other EU countries. Unlike in the UK and with the exception of Greece, legal frameworks for business unions in other EU countries have not undergone changes in the past fifteen years. This chapter analyses the role of the state in national decision making while considering such factors as the country's constitution and the character and structure of the unions in the countries in question. Because the British Conservatives believe that the state needs to ‘protect’ the free market, and based on the discussion in this chapter, the book concludes that government ideology can best explain the political and economic changes in the UK.Less
This final chapter attempts to compare and contrast the rigid legal framework that the UK is practicing today and the emergence of the industrial action with the legal frameworks of unions in a selection of other EU countries. Unlike in the UK and with the exception of Greece, legal frameworks for business unions in other EU countries have not undergone changes in the past fifteen years. This chapter analyses the role of the state in national decision making while considering such factors as the country's constitution and the character and structure of the unions in the countries in question. Because the British Conservatives believe that the state needs to ‘protect’ the free market, and based on the discussion in this chapter, the book concludes that government ideology can best explain the political and economic changes in the UK.
G. BRUCE DOERN and STEPHEN WILKS
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198280620
- eISBN:
- 9780191684371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198280620.003.0003
- Subject:
- Political Science, Political Economy
This chapter discusses the institutions of competition policy in the United States. Competition policy in the USA is especially interesting, given that it has gone from being largely a ...
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This chapter discusses the institutions of competition policy in the United States. Competition policy in the USA is especially interesting, given that it has gone from being largely a domestic-policy concern to being a policy area with pronounced foreign concerns as well. The United States differs from most other countries in having provision for private antitrust actions. The ambiguity sometimes surrounding antitrust policy in the United States is reinforced by the increasing linkage of all economic policy issues with issues of global competitiveness. The chapter describes the institutional forces at play in antitrust policymaking in the United States and provides a general description of the legal and institutional frameworks within which competition policy is made and implemented in the United States.Less
This chapter discusses the institutions of competition policy in the United States. Competition policy in the USA is especially interesting, given that it has gone from being largely a domestic-policy concern to being a policy area with pronounced foreign concerns as well. The United States differs from most other countries in having provision for private antitrust actions. The ambiguity sometimes surrounding antitrust policy in the United States is reinforced by the increasing linkage of all economic policy issues with issues of global competitiveness. The chapter describes the institutional forces at play in antitrust policymaking in the United States and provides a general description of the legal and institutional frameworks within which competition policy is made and implemented in the United States.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. Türk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.001.0001
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This book provides an analysis of the administration of the European Union and the legal framework within which that administration operates. It examines the multifarious approaches, techniques, and ...
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This book provides an analysis of the administration of the European Union and the legal framework within which that administration operates. It examines the multifarious approaches, techniques, and structures of public administration in order to systematize and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.Less
This book provides an analysis of the administration of the European Union and the legal framework within which that administration operates. It examines the multifarious approaches, techniques, and structures of public administration in order to systematize and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.
Panagiotis Delimatsis
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199533152
- eISBN:
- 9780191714528
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533152.003.0002
- Subject:
- Law, Public International Law
The GATS is an innovative endeavour to establish a multilateral framework for the progressive liberalization of trade in services. This chapter provides an introductory analysis of this Agreement, ...
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The GATS is an innovative endeavour to establish a multilateral framework for the progressive liberalization of trade in services. This chapter provides an introductory analysis of this Agreement, and examines its negotiating history that led to its adoption at the end of the Uruguay Round in a thorough manner. After a thorough analysis that aims to delineate the boundaries between GATS and GATT based on the WTO case law, it discusses the intricacies of the GATS scope and legal provisions, and underscores the development dimension and the flexibilities of the Agreement. Finally, it offers an optimistic view regarding the future liberalization of trade in services.Less
The GATS is an innovative endeavour to establish a multilateral framework for the progressive liberalization of trade in services. This chapter provides an introductory analysis of this Agreement, and examines its negotiating history that led to its adoption at the end of the Uruguay Round in a thorough manner. After a thorough analysis that aims to delineate the boundaries between GATS and GATT based on the WTO case law, it discusses the intricacies of the GATS scope and legal provisions, and underscores the development dimension and the flexibilities of the Agreement. Finally, it offers an optimistic view regarding the future liberalization of trade in services.
Andrew Lang
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199592647
- eISBN:
- 9780191731396
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199592647.003.0009
- Subject:
- Law, Public International Law
This chapter provides a case study of the processes described in a general way in the previous chapter. The purpose is to illustrate and explore in greater depth the operation of the technicalized ...
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This chapter provides a case study of the processes described in a general way in the previous chapter. The purpose is to illustrate and explore in greater depth the operation of the technicalized legal imagination, the genesis of which was described in Chapter 8. More specifically, it is to describe and understand the processes by which particular forms of technical knowledge come to guide the elaboration, application, and interpretation of international trade law, and come to be sedimented within the background commonsense that sustains and informs the operation of the World Trade Organization's legal system. The case study used is that of trade in services. One of the major innovations of the Uruguay Round of trade negotiations was the creation of the General Agreement on Trade in Services. This agreement, which establishes a legal framework for the progressive liberalization of international trade in services, is in many respects an exemplary product of the formal-technical legal order described in Chapter 8.Less
This chapter provides a case study of the processes described in a general way in the previous chapter. The purpose is to illustrate and explore in greater depth the operation of the technicalized legal imagination, the genesis of which was described in Chapter 8. More specifically, it is to describe and understand the processes by which particular forms of technical knowledge come to guide the elaboration, application, and interpretation of international trade law, and come to be sedimented within the background commonsense that sustains and informs the operation of the World Trade Organization's legal system. The case study used is that of trade in services. One of the major innovations of the Uruguay Round of trade negotiations was the creation of the General Agreement on Trade in Services. This agreement, which establishes a legal framework for the progressive liberalization of international trade in services, is in many respects an exemplary product of the formal-technical legal order described in Chapter 8.
Dan Sarooshi
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198299349
- eISBN:
- 9780191714702
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299349.003.0004
- Subject:
- Law, Public International Law
The six principal organs of the United Nations (UN) possess the authority to establish and utilise subsidiary organs in the attainment of their Charter ohjectives. The establishment and termination ...
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The six principal organs of the United Nations (UN) possess the authority to establish and utilise subsidiary organs in the attainment of their Charter ohjectives. The establishment and termination of UN subsidiary organs is governed by a legal framework consisting of the relevant provisions of the UN Charter and those parts of the general law of international institutions that relate to this activity, while the lawfulness of the acts of subsidiary organs will depend on the subsidiary complying with the legal mandate conferred on it by the principal. The former deals with the competence of principal organs to establish and terminate subsidiary organs while the latter is concerned with the subsidiary remaining within the bounds of its delegated mandate. This chapter looks at those elements of the general legal framework that govern the processes of establishment and termination of UN subsidiary organs.Less
The six principal organs of the United Nations (UN) possess the authority to establish and utilise subsidiary organs in the attainment of their Charter ohjectives. The establishment and termination of UN subsidiary organs is governed by a legal framework consisting of the relevant provisions of the UN Charter and those parts of the general law of international institutions that relate to this activity, while the lawfulness of the acts of subsidiary organs will depend on the subsidiary complying with the legal mandate conferred on it by the principal. The former deals with the competence of principal organs to establish and terminate subsidiary organs while the latter is concerned with the subsidiary remaining within the bounds of its delegated mandate. This chapter looks at those elements of the general legal framework that govern the processes of establishment and termination of UN subsidiary organs.
Jonathan Charkham and Anne Simpson
- Published in print:
- 1999
- Published Online:
- October 2011
- ISBN:
- 9780198292142
- eISBN:
- 9780191684876
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198292142.003.0007
- Subject:
- Business and Management, Corporate Governance and Accountability, Business History
This chapter examines the legal framework for shareholders in the UK. Shareholders formal rights and powers are established primarily under statute, and for listed companies, supplemented by the ...
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This chapter examines the legal framework for shareholders in the UK. Shareholders formal rights and powers are established primarily under statute, and for listed companies, supplemented by the listing rules of the Stock Exchange. In addition, each company under UK law must adopt a memorandum and articles of association which effectively form the contract between shareholders, directors, and the company and establish the rights and powers of each group. Although the law provides extensive powers to the directors, shareholders in turn have been given rights to allow their interests to be protected. The most important rights and powers of shareholders are examined in this chapter.Less
This chapter examines the legal framework for shareholders in the UK. Shareholders formal rights and powers are established primarily under statute, and for listed companies, supplemented by the listing rules of the Stock Exchange. In addition, each company under UK law must adopt a memorandum and articles of association which effectively form the contract between shareholders, directors, and the company and establish the rights and powers of each group. Although the law provides extensive powers to the directors, shareholders in turn have been given rights to allow their interests to be protected. The most important rights and powers of shareholders are examined in this chapter.
Sandra Fredman
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198763239
- eISBN:
- 9780191695216
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198763239.003.0010
- Subject:
- Law, Employment Law
This chapter sums up the key findings of this study on the legal status of working women in Great Britain. It has exposed the limitations of the current legal framework and revealed that the ...
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This chapter sums up the key findings of this study on the legal status of working women in Great Britain. It has exposed the limitations of the current legal framework and revealed that the inability of the law to effect any substantial change in the status of women is caused by the paradoxical amalgam of liberal principles and pre-liberal status ascriptions. Thus, while difference stigmatises women as primarily reproductive beings and sexual objects, equality operates by negating the value of reproduction in society.Less
This chapter sums up the key findings of this study on the legal status of working women in Great Britain. It has exposed the limitations of the current legal framework and revealed that the inability of the law to effect any substantial change in the status of women is caused by the paradoxical amalgam of liberal principles and pre-liberal status ascriptions. Thus, while difference stigmatises women as primarily reproductive beings and sexual objects, equality operates by negating the value of reproduction in society.
Dan Sarooshi
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198299349
- eISBN:
- 9780191714702
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299349.003.0002
- Subject:
- Law, Public International Law
With the creation of the United Nations (UN) in 1945, the UN Security Council was envisaged to play a central role in the maintenance or restoration of international peace and security. To this end, ...
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With the creation of the United Nations (UN) in 1945, the UN Security Council was envisaged to play a central role in the maintenance or restoration of international peace and security. To this end, UN Member States agreed in Article 24 of the Charter to confer on the Council primary responsibility for the maintenance of international peace and security. The specific powers which the Charter gives the Council to achieve this objective are contained in Chapter VII. However, the Security Council has had to delegate its Chapter VII powers to entities that have an enforcement capacity which the Council at present lacks: in particular, it lacks a military force which it can use directly to carry out military enforcement action. This chapter constructs the legal framework governing the process of delegation of Chapter VII powers by the UN Security Council.Less
With the creation of the United Nations (UN) in 1945, the UN Security Council was envisaged to play a central role in the maintenance or restoration of international peace and security. To this end, UN Member States agreed in Article 24 of the Charter to confer on the Council primary responsibility for the maintenance of international peace and security. The specific powers which the Charter gives the Council to achieve this objective are contained in Chapter VII. However, the Security Council has had to delegate its Chapter VII powers to entities that have an enforcement capacity which the Council at present lacks: in particular, it lacks a military force which it can use directly to carry out military enforcement action. This chapter constructs the legal framework governing the process of delegation of Chapter VII powers by the UN Security Council.
Dan Sarooshi
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198299349
- eISBN:
- 9780191714702
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299349.003.0006
- Subject:
- Law, Public International Law
The United Nations (UN) Security Council consistently delegates its Chapter VII powers to UN Member States. Interestingly, although the first few instances of Korea and Southern Rhodesia were seen at ...
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The United Nations (UN) Security Council consistently delegates its Chapter VII powers to UN Member States. Interestingly, although the first few instances of Korea and Southern Rhodesia were seen at the time as being exceptional sui generis cases, they only now, however, appear as part of a continuum in this practice. The Council has delegated its Chapter VII powers to Member States for the attainment of the following five objectives: to counter a use of force by a State or entities within a State; to carry out a naval interdiction; to achieve humanitarian objectives; to enforce a Council declared no-fly zone; and to ensure implementation by parties of an agreement which the Council has deemed is necessary for the maintenance or restoration of peace. This chapter examines whether the UN Security Council has complied with the requirements that flow from the legal framework governing delegation of its Chapter VII powers.Less
The United Nations (UN) Security Council consistently delegates its Chapter VII powers to UN Member States. Interestingly, although the first few instances of Korea and Southern Rhodesia were seen at the time as being exceptional sui generis cases, they only now, however, appear as part of a continuum in this practice. The Council has delegated its Chapter VII powers to Member States for the attainment of the following five objectives: to counter a use of force by a State or entities within a State; to carry out a naval interdiction; to achieve humanitarian objectives; to enforce a Council declared no-fly zone; and to ensure implementation by parties of an agreement which the Council has deemed is necessary for the maintenance or restoration of peace. This chapter examines whether the UN Security Council has complied with the requirements that flow from the legal framework governing delegation of its Chapter VII powers.
Martin Loughlin
- Published in print:
- 1996
- Published Online:
- March 2012
- ISBN:
- 9780198260158
- eISBN:
- 9780191682049
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198260158.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the importance of the identification of a tradition of local government and a traditional role for law within that tradition. It describes the main characteristics of the ...
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This chapter discusses the importance of the identification of a tradition of local government and a traditional role for law within that tradition. It describes the main characteristics of the tradition of local government within the British government and the legal framework which underpins this tradition.Less
This chapter discusses the importance of the identification of a tradition of local government and a traditional role for law within that tradition. It describes the main characteristics of the tradition of local government within the British government and the legal framework which underpins this tradition.
