Paul Craig
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9780199595013
- eISBN:
- 9780191729508
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199595013.003.0003
- Subject:
- Law, EU Law
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. ...
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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.Less
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.
Aradhna Aggarwal
- Published in print:
- 2007
- Published Online:
- October 2012
- ISBN:
- 9780195689273
- eISBN:
- 9780199081486
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195689273.003.0003
- Subject:
- Economics and Finance, International
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 ...
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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.Less
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.
Paul Craig
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199664955
- eISBN:
- 9780191773723
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199664955.003.0003
- Subject:
- Law, EU Law
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. ...
More
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.Less
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.
Christine Bell
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199270965
- eISBN:
- 9780191707612
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199270965.001.0001
- Subject:
- Law, Human Rights and Immigration
This book examines the place of human rights in peace agreements against the backdrop of international legal provision. The book examines the role of peace agreements in peace processes, drawing on ...
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This book examines the place of human rights in peace agreements against the backdrop of international legal provision. The book examines the role of peace agreements in peace processes, drawing on an appendix of over 100 peace agreements signed after 1990, in over forty countries. Four sets of peace agreements are then examined in detail: those of Bosnia Herzegovina, Northern Ireland, South Africa, and the Israeli-Palestinian conflict. The human rights component of each of these agreements are compared with each other — focussing not on direct institutional comparison, but rather on the set of trade-offs that comprise the ‘human rights dimension’ of the agreements. This human rights dimension is also compared with relevant international law. The book focuses on the comparison of three main areas: self-determination and ‘the deal’, institution-building for the future, and dealing with the past. The book argues that the design and implementation prospects are closely circumscribed by the self-determination ‘deal’ at the heart of the agreement. It suggests that the entangling issues of group access to power with individual rights provision indicates the extent to which peace-making is a constitution-making project. The book argues in conclusion that peace agreements are in effect types of constitution, with valuable lessons about the role of law in social change in both violent conflict and more peaceful contexts.Less
This book examines the place of human rights in peace agreements against the backdrop of international legal provision. The book examines the role of peace agreements in peace processes, drawing on an appendix of over 100 peace agreements signed after 1990, in over forty countries. Four sets of peace agreements are then examined in detail: those of Bosnia Herzegovina, Northern Ireland, South Africa, and the Israeli-Palestinian conflict. The human rights component of each of these agreements are compared with each other — focussing not on direct institutional comparison, but rather on the set of trade-offs that comprise the ‘human rights dimension’ of the agreements. This human rights dimension is also compared with relevant international law. The book focuses on the comparison of three main areas: self-determination and ‘the deal’, institution-building for the future, and dealing with the past. The book argues that the design and implementation prospects are closely circumscribed by the self-determination ‘deal’ at the heart of the agreement. It suggests that the entangling issues of group access to power with individual rights provision indicates the extent to which peace-making is a constitution-making project. The book argues in conclusion that peace agreements are in effect types of constitution, with valuable lessons about the role of law in social change in both violent conflict and more peaceful contexts.
Aradhna Aggarwal
- Published in print:
- 2007
- Published Online:
- October 2012
- ISBN:
- 9780195689273
- eISBN:
- 9780199081486
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195689273.001.0001
- Subject:
- Economics and Finance, International
This book explores the genesis and evolution of the Anti-dumping Agreement (ADA) from the perspective of the developing countries. It also outlines the evolution of the legal provisions in the ...
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This book explores the genesis and evolution of the Anti-dumping Agreement (ADA) from the perspective of the developing countries. It also outlines the evolution of the legal provisions in the existing agreement and the current ADA in a non-technical manner from a developing country viewpoint. The use of anti-dumping in developed and developing countries in a comparative framework is explained. It then deals with various economic and non-economic justifications of anti-dumping use. The wide-ranging proposals for the reform of the World Trade Organization (WTO) anti-dumping code are reported. It finally indicates the suggestions regarding the proposals that these countries need to focus on in the current round of negotiations. It is mentioned that the Agreement and its implementation both are heavily biased against the developing countries.Less
This book explores the genesis and evolution of the Anti-dumping Agreement (ADA) from the perspective of the developing countries. It also outlines the evolution of the legal provisions in the existing agreement and the current ADA in a non-technical manner from a developing country viewpoint. The use of anti-dumping in developed and developing countries in a comparative framework is explained. It then deals with various economic and non-economic justifications of anti-dumping use. The wide-ranging proposals for the reform of the World Trade Organization (WTO) anti-dumping code are reported. It finally indicates the suggestions regarding the proposals that these countries need to focus on in the current round of negotiations. It is mentioned that the Agreement and its implementation both are heavily biased against the developing countries.
della Porta and Caiani Wagemann
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199641260
- eISBN:
- 9780191738654
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199641260.003.0003
- Subject:
- Political Science, Comparative Politics
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 ...
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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.Less
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.
Christopher Hodges
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199282555
- eISBN:
- 9780191700217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282555.003.0019
- Subject:
- Law, EU Law
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 ...
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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.Less
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.
Okeoghene Odudu
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199278169
- eISBN:
- 9780191699962
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199278169.003.0001
- Subject:
- Law, EU Law, Competition Law
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 ...
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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.Less
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.
T. Markus Funk
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780199941469
- eISBN:
- 9780190236700
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199941469.003.0012
- Subject:
- Law, Criminal Law and Criminology, Public International Law
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 ...
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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.Less
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.
Siyka Kovacheva
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9781847422200
- eISBN:
- 9781447304326
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847422200.003.0005
- Subject:
- Sociology, Marriage and the Family
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 ...
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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.Less
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.
Mohammad Hashim Kamali
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780190910648
- eISBN:
- 9780190910679
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190910648.003.0033
- Subject:
- Religion, Islam, Religion and Society
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 ...
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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.Less
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.
Mary E. John
- Published in print:
- 2015
- Published Online:
- June 2015
- ISBN:
- 9780199455287
- eISBN:
- 9780199085316
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199455287.003.0008
- Subject:
- Economics and Finance, Development, Growth, and Environmental
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 ...
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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.Less
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.
