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  • Hart Publishing, Oxford - Good books for lawyers
    the book focuses on the way in which this tension is or is not resolved through the dispute resolution process It offers a detailed analysis of the relevant WTO rules and case law identifying particular concerns relating to the ability of WTO Members to take protective action in circumstances of scientific uncertainty and the role of social and cultural factors in the making of health related regulations The nature of scientific evidence and the extent to which the scientific process internalises uncertainty is further explored drawing on documentation relating to the theory and conduct of scientific risk assessment Despite the popularity of the precautionary principle in some quarters it is suggested that it may not be advisable for the WTO to adopt that principle Rather further attention should be paid to the role that the standard of review might play in easing the tensions that arise when a sovereign state s health regulations are reviewed by the WTO The origins of the WTO s objective assessment standard of review are explained but the standard itself is criticised Options for developing the standard of review are considered with a reasonable regulator standard based on the Asbestos case proposed The book takes

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134826 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    characterising the two most prominent and successful efforts in the regulation of international trade to date Adopting a comparative method it analyses the basic legal instruments employed by the EU and the WTO for the purpose of liberalising trade in goods among their respective Members To this end this study offers a fresh look at the principles underlying the basic rules of international trade law including the prohibition of border

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134253 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    ebooks Links GO TO Hart USA CONTACT US Studies in Penal Theory and Penal Ethics Coming soon in the series see published books in the series CONTACT US Books Updates Series Distributors Proposals Links GO TO HART USA Hart Publishing

    Original URL path: http://www.hartpublishing.co.uk/SeriesDetails.aspx?SeriesName=Studies%20in%20Penal%20Theory%20and%20Penal%20Ethics&SeriesFullTitle=Studies%20in%20Penal%20Theory%20and%20Penal%20Ethics&Published=no (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    questions in the field of criminal sentencing should an offender s previous convictions affect the sentence This question provokes a series of others Is it possible to justify a discount for first offenders within a retributive sentencing framework How should previous convictions enter into the sentencing equation At what point should prior misconduct cease to count for the purposes of fresh sentencing Should similar previous convictions count more than convictions unrelated to the current offence Statutory sentencing regimes around the world incorporate provisions which mandate harsher treatment of repeat offenders Although there is an extensive literature on the definition and use of criminal history information the emphasis here as befits a volume in the series is on the theoretical and normative aspects of considering previous convictions at sentencing Several authors explore the theory underlying the practice of mitigating the punishments for first offenders while others put forth arguments for enhancing sentences for recidivists The practice of sentencing repeat offenders in two jurisdictions England and Wales and Sweden is also examined in detail Julian Roberts is Professor of Criminology at the University of Oxford and a Fellow of Worcester College Andrew von Hirsch is Honorary Professor of Penal Theory and Penal

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849466844 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    to be an infringement of important privacy based rights An influential report by the House of Lords in 2009 also took this view However there has been little public or academic discussion of the underlying principles and ethical issues What rights of privacy or anonymity do people have when abroad in public space What is the rationale for these rights In what respect does CCTV surveillance compromise them To what extent does the state s interest in crime prevention warrant encroachment upon such privacy and anonymity rights This book offers the first extended systematic treatment of these issues In it the author develops a theory concerning the rationale for the entitlement to privacy and anonymity in public space based on notions of liberty and dignity She examines how CCTV surveillance may compromise these rights drawing on everyday conventions of civil inattention among people in the public domain She also considers whether and to what extent crime control concerns could justify overriding these entitlements The author s conclusion is that CCTV surveillance should be appropriate only in certain restrictively defined situations The book ends with a proposal for a scheme of CCTV surveillance that reflects this conclusion Dr Beatrice von Silva

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460842 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    and most contested questions in the field of criminal sentencing should an offender s previous convictions affect the sentence This question provokes a series of others Is it possible to justify a discount for first offenders within a retributive sentencing framework How should previous convictions enter into the sentencing equation At what point should prior misconduct cease to count for the purposes of fresh sentencing Should similar previous convictions count more than convictions unrelated to the current offence Statutory sentencing regimes around the world incorporate provisions which mandate harsher treatment of repeat offenders Although there is an extensive literature on the definition and use of criminal history information the emphasis here as befits a volume in the series is on the theoretical and normative aspects of considering previous convictions at sentencing Several authors explore the theory underlying the practice of mitigating the punishments for first offenders while others put forth arguments for enhancing sentences for recidivists The practice of sentencing repeat offenders in two jurisdictions England and Wales and Sweden is also examined in detail Julian Roberts is Professor of Criminology at the University of Oxford and a Fellow of Worcester College Andrew von Hirsch is Honorary Professor of Penal

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460422 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    use was on the decline Recently however several jurisdictions including England and Wales have moved to broaden the reach and severity of measures against incivilities New measures include expanded targeting of unpopular forms of public conduct such as begging and legislation authorising magistrates to issue prohibitory orders against anti social behaviour Because these quality of life prohibitions can be so restrictive of personal liberties it is essential to develop adequate guiding and limiting principles concerning State intervention in this area This book addresses the legal regulation of offensive behaviour Topics include the nature of offensiveness the grounds and permissible scope of criminal prohibitions against offensive behaviour the legitimacy of civil orders against incivilities and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law These questions are addressed by eleven distinguished philosophers criminal law theorists criminologists and sociologists In an area that has attracted much public comment but little theoretical analysis to date these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour A P Simester is Professor of Law at the National University of Singapore and Fellow of Wolfson College University of Cambridge Andrew von

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841134994 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    situational crime prevention within criminology The contributors are twelve distinguished criminologists who together advance our understanding of the ethical and societal questions underlying crime prevention Contributors Ron Clarke Adam Crawford Antony Duff David Garland Tim Hope Richard Jones John Kleinig Clifford Shearing David J Smith Richard Sparks Andrew von Hirsch and Alison Wakefield presents several unique questions regarding the use of crime prevention strategies Robert Hanser writing in The Literature

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135533 (2016-02-13)
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