Search Results

The most divisive issues in the debates that led to the Constitutional Treaty concerned executive power, and the ‘solutions’ embodied in that Treaty were largely carried over into the Lisbon Treaty. This chapter examines the tensions concerning executive power and the way in which they were ‘resolved’ in the Lisbon Treaty, the focus being on the legal provisions and the political implications of the new regime.

This chapter presents an overview of the evolution of the Anti-dumping Agreement (ADA). It starts by providing the genesis of the anti-dumping law and its accession to General Agreement on Tariffs and Trade (GATT) 1947. The reforms introduced in its legal provisions of the agreements in successive Rounds of negotiations are then explored. It shows that developing countries have historically played only a minor role in the evolution of the law. It also reveals that developing countries are highly vulnerable to the use of constructed normal values and that there is a huge potential for manipulation inherent in the methodologies used for constructing these value. The Uruguay Round Agreement allows the authorities to use the average-to-transaction method and the transaction-to-transaction methods as well. Anti-dumping involves highly complex legal procedures. In many cases, anti-dumping authorities often continue their practices despite World Trade Organization (WTO) rulings to the contrary.

The most divisive issues in the debates that led to the Constitutional Treaty concerned executive power, and the ‘solutions’ embodied in that Treaty were largely carried over into the Lisbon Treaty. This chapter examines the tensions concerning executive power and the way in which they were ‘resolved’ in the Lisbon Treaty, the focus being on the legal provisions and the political implications of the new regime.

Chapter 3 introduces to the political, social and cultural opportunities for the extreme right in Germany, Italy and the United States, pointing at the mix of similarities and differences between the three countries. As the authors explain, Germany and Italy were chosen within a ‘most similar’ logic, where the cases under examination share similarities in most of their characteristics, but some differences in our set of dependent variables (the frames, networks and actions of the extremist right), which are then explained by some contextual differences. The addition of the rather different case of the US extreme right aimed at testing the generalizability of some descriptive and causal inferences that emerged in the previous comparison.

Article 4(11) (Definition of consent) (see also recital 32); Article 7 (Conditions for consent); Article 8 (Conditions applicable to child’s consent); Article 9(2) (Processing of special categories of personal data) (see also recital 51); Article 5 (Principles relating to processing of personal data) (see too recital 39); Article 23 (Restrictions) (see also recital 73); Article 89 (Safeguards relating to processing for archiving, research and statistical purposes) (see too recitals 156–163).

The analysis in this part of the book has covered an extremely wide range of complex legal provisions, encompassing several adjacent but discrete product areas, most of which are different in their internal structure, and are substantial in both scope and in detail. Regulators, economic operators, and lawyers tend in practice to operate solely within a discrete arena, and few attempt to acquire an overview of the various systems. This book has tried to do just this. It has found what has been seen, whether there is a coherent system, which mechanisms are employed to deliver product safety, whether these mechanisms could achieve their objectives, are these efficient or redundant and whether regulation delivers safety or the current systems are efficient.

This introductory chapter gives a background of the law that the book discusses. The function of a law is to provide the basic requirements for an ordered society and laws need a clear legal rule to make them effective. If the legal provision is clear, the law becomes self-enforcing and it will not need external enforcement for its application. Despite these efforts, Article 81 EC has not been self-enforcing. This is because of the uncertainty as to what the law demands, rather than the unwillingness on the part of the subject to comply with the law's demands. Moreover, competition is undefined and the restrictions on competition under Article 81 are not clear. Lastly, competition is valued as promoting efficiency, achieving the objective of the Community of market integration, or promoting certain market freedoms desirable in a democracy.

This section draws on the earlier discussion of the promises and pitfalls of the ICC’s legal provisions, as well as the realities of practice at the ICC, to sketch out trial strategies and trial skills necessary for effective victim representation. The Pre-Trial Chambers are responsible for all judicial proceedings prior to, and including, the confirmation of the Prosecutor’s charges. Thus, the Pre-Trial Chamber oversees the overall integrity and fairness of the proceedings during the investigation phase of cases. The Rome Statute also vests the Pre-Trial Chamber with authority to review the Prosecutor’s decision not to proceed with an investigation. This review can occur on the Pre-Trial Chamber’s own motion, following the request of a state that had made an Article 14 referral, or after the Security Council refers the case pursuant to Article 13(b). Article 65 resolves this dispute by permitting guilty pleas.

Mental health law is concerned with the legislation governing the man­agement and treatment of people with a mental disorder. It includes the detention and treatment of patients and covers consent to treatment, mental capacity, deprivation of liberty, human rights, and ethical issues. The law is necessary to safeguard the interests of the patients and also to protect the public from potentially serious harm from a mentally disordered offender. It is crucial that mental health practitioners under­stand the relevant legislation to ensure that they are practising within the realms of the law and also so that they can offer help and advice to patients and carers if required to do so. Mental health legislation is constantly evolving and there are always challenges and changes to existing legislation, so practitioners need to keep up to date with new statutory legislation and case law. An example of this is the Mental Health Act (MHA) 1983, which was amended by the MHA 2007, and amended again by the Health and Social Care Act 2012. In addition, the Mental Capacity Act 2005 was a new statute which came into force in 2007, alongside Deprivation of Liberty Safeguards. There are Codes of Practice for the MHA, the Mental Capacity Act, and the Deprivation of Liberty Safeguards. These provide supplemen­tary guidance on good practice. Mental health practitioners need to take account of the Codes of Practice in their work. Mental health law can be a complex and challenging area, even for the most knowledgeable and experienced practitioners. Most organizations will have an MHA administrator and/or a legal advisor who can provide advice and guidance in matters of uncertainty.

This chapter discusses support available to parents of small children working in a state agency for social assistance in a city in Bulgaria, drawing on a social capital perspective. The core of this chapter is on the informal and formal practices of social workers and other social service workers in balancing professional and family responsibilities, and the rationale behind why working parents are concerned about improving legal provision since they have no access to formal employer support. In practice, most parents rely on informational help from line managers, colleagues in the team, wider family and public nurseries for their children.

Libya introduced four laws between 1972 and 1974 that regulated ḥudūd crimes and other related offences. In 1994 another statute was introduced, which ordered the courts to follow the classical rules of retaliation and blood money in homicide cases. The United Arab Emirates (UAE) Constitution 1971 states that “Islam is the official religion of the Union, and that Islamic shariah is the main source of its legislation.” This last phrase is understood to mean that, in addition to shariah, other sources may also be utilised for purposes of legislation. The formula thus provides for a mixed legal system. Qatar Penal Code 2004 incorporates the shariah ḥudūd punishments for various offenses. Article 1 of this law states that the provisions of Islamic law concerning qiṣāṣ and taʿzīr offences also apply if the defendant or victim is a Muslim.

The population Census 2011 re-alerted the problem of declining child sex ratio (or CSR, measuring those in the 0–6 year range) which dropped from 927 in 2001 to an all-time low of 914 in 2011. Gender has become both naturalized and a critical instrument in the undisputed aim to control the population, while not allowing the number of females to drop unduly. The inclusion of information on literacy and the ‘positive’ figure of increased literacy among girls and women are part and parcel of the drive towards ensuring fewer births. There are significant relationships between adverse CSRs and gender discrimination and therefore it becomes an even greater challenge to look more closely at questions relating to law and policies—those that the government has been promoting specifically to combat the skewed sex ratio—and also other issues, whose effects on the life chances of girls may not be so obvious, but are nonetheless critical.