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  • Hart Publishing, Oxford - Good books for lawyers
    ideas about community Instead it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways This understanding redirects attention towards a range of issues that have long been marginalised but which warrant a central place in human rights research and on the international human rights agenda Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live The circumstances are created by differing tools know how and skills cultural equipment diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law adiaphora and conflicts having their source in conflicting doctrinesethical religious and philosophicaladdressing deep questions about the ultimate purpose of human life comprehensive doctrines Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions exemption from legal obligations for reasons of conscience fair resolution of conflicts having their source in differing ethical religious

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135069 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Agents for Change First Edition Edited by Colin Harvey There has been a considerable focus in the last few years on the meaning of the Human Rights Act 1998 and its real and potential impact on judges and lawyers Much has been written on the implications of the new legislation for a variety of areas of law With the rising level of case law the emphasis is now turning to the impact of the legislation on specific areas of social life In this volume the focus is on the practice of human rights and how they are enforced in reality There is much discussion in the literature of a human rights culture but how precisely is such a culture to be created and how do we make sense of human rights In order to address these questions this volume is in two parts Part I examines general issues surrounding the full and effective implementation of human rights Part II explores the implications of human rights standards in particular areas in order to test whether a human rights culture has emerged Colin Harvey is Professor of Law and Director of the Human Rights Centre at the Queen s University Belfast Paperback

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134468 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    the courts of the companies home States The highest profile cases have been the human rights claims brought against MNCs such as Unocal Shell Rio Tinto Coca Cola and Talisman under the Alien Tort Claims Act in the United States Such claims also raise issues under customary international law which may be directly applicable in US federal law and the Racketeer Influenced and Corrupt Organizations RICO statute Another legal front is found in the USA England and Australia where courts have become more willing to exercise jurisdiction over transnational common law tort claims against home corporations Futhermore a corporation s human rights practices were indirectly targeted under trade practices law in groundbreaking litigation in California against sportsgoods manufacturer Nike This new study examines these developments and the procedural arguments eg regarding personal jurisdiction and especially forum non conveniens which have been used to block litigation as well as the principles which can be gleaned from cases which have settled The analysis is important for human rights victims in order to know the boundaries of possible available legal redress It is also important for MNCs which must now take human rights into account in managing the legal risks as well as

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134574 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    enactment of the Human Rights Act in 1998 ushering the European Convention on Human Rights fully into UK law represented a landmark in the UK constitutional order Other European states similarly have elevated the status of human rights in their domestic legal systems However whilst much has been written about doctrinal legal developments little is yet known about the empirical effects of bringing rights home This collection of essays written by a range of distinguished socio legal scholars seeks to fill this gap in our knowledge The essays presenting new empirical research begin their enquiry where many studies in human rights finish The contributors do not stop at the recognition of international law and norms by states but penetrate the internal workings of domestic legal systems to see the law in action as it is developed contested manipulated or even ignored by actors such as judges lawyers civil servants interest groups and others This distinctly socio legal approach offers a unique contribution to the literature on human rights exploring human rights law in action in developed countries In doing so it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133881 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights First Edition Alastair Mowbray During the last thirty years the European Court of Human Rights has been developing at an expanding pace positive obligations under the European Convention This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations a topic which is relatively uncharted in the existing literature Positive obligations require many different forms of action by member states ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years The study examines the legal bases and content of key positive obligations Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified Alastair Mowbray is a Professor of Public Law the University of Nottingham Hardback January 2004 9781841132617 47 00 Adobe

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841132617 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    First Edition Catherine Dupré This book one of the very first monographs on the Hungarian Constitutional Court available in English is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe It shows that the genesis of the new legal order was determined by massive Western involvement and an unprecedented movement of export import of law Anchored in a detailed comparative study of German and Hungarian constitutional case law on human dignity this book argues that law importation was a deliberate strategy carried out by the Hungarian Court in the early years of its operation It explains how the circumstances of the transition and the background of the importers determined the choice of German case law as a model and how the Court used it to construct its own version of the right to human dignity It highlights the Hungarian Court s instrumentalisation of imported law in order to lay the foundations of a new conception of fundamental rights While focusing on the Hungarian experience this book engages with international debates and provides an original theoretical framework for approaching the movement of law from the importers perspective Catherine Dupre

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841131313 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    ebooks Links GO TO Hart USA CONTACT US International Studies in the Theory of Private Law Coming soon in the series see published books in the series CONTACT US Books Updates Series Distributors Proposals Links GO TO HART USA Hart

    Original URL path: http://www.hartpublishing.co.uk/SeriesDetails.aspx?SeriesName=International%20Studies%20in%20the%20Theory%20of%20Private%20Law&SeriesFullTitle=International%20Studies%20in%20the%20Theory%20of%20Private%20Law&Published=no (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    GO TO Hart USA CONTACT US See Related Titles More from this series Reviews Imprint Hart Publishing Extent 270 pp International Studies in the Theory of Private Law Global Order Beyond Law How Information and Communication Technologies Facilitate Relational Contracting in International Trade First Edition Thomas Dietz Paperback March 2016 9781509907434 Ask For Availability 25 00 Buying ebooks from our website CONTACT US Books Updates Series Distributors Proposals Links GO

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781509907434 (2016-02-13)
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