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The ideal guide for the first-time mooter, Preparing to Moot provides an accessible, student-led and pragmatic approach which demystifies the process. Now in its second edition, this book focuses on analysis, research and argument construction as the foundations for successful advocacy, and provides students with a working guide to use alongside moot problems. Through careful use of annotated examples generated by real students, and expert tips and advice from the authors, the book shows students how to individually analyse, research and construct arguments for various advocate positions. It provides a practical and easy-to-follow overview of how to tackle a moot from analysing a problem ini...
This title contains one or more Open Access chapters. This book critically examines the reception and application of the 2011 Articles on the Responsibility of International Organizations (ARIO), assessing their effectiveness and limitations. Adopting a panoptic approach, it explores the theory underlying the concept of responsibility for internationally wrongful acts in ARIO through both doctrinal analysis and practical case studies.
How does globalisation affect the ability of human rights to constrain power? This is the central question of this volume that tackles the issue from a variety of perspectives. It covers such branches of international law and human rights as diplomatic protection, powers of the UN Security Council, responsibility of international organisations, accountability of multinational corporations, third-generation rights, law of armed conflict, and state sovereignty. The contributions problematize the role of human rights and call for rethinking of the structure and functioning of human rights. The contributions adopt a variety of disciplinary perspectives that all elucidate difficulties human rights face in a globalised world and suggest ways forward.
Controversies in Innocence Cases in America brings together leading experts on the investigation, litigation, and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors, many of whom work on these cases daily, investigate contemporary issues presented by innocence cases and the exoneration movement as a whole. These issues include the challenges faced by the movement, causes of wrongful convictions, problems associated with investigating, proving, and defining 'innocence', and theories of reform. Each issue is placed within a multi-disciplinary perspective to provide cogent observations and recommendations for the effective handling of these cases, and for what changes should be adopted in order to improve the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.
Health system governance in Europe : the role of European Union law and policy / Elias Mossialos ... [et al.] -- Health care and the EU : the law and policy patchwork / Tamara Hervey and Bart Vanhercke -- EU regulatory agencies and health protection / Govin Permanand and Ellen Vos -- The hard politics of soft law : the case of health / Scott L. Greer and Bart Vanhercke -- Public health policies / Martin McKee, Tamara Hervey and Anna Gilmore -- Fundamental rights and health care / Jean McHale -- EU competition law and public services / Tony Prosser -- EU competition law and health policy / Julia Lear, Elias Mossialos and Beatrix Karl -- Public procurement and state aid in national health care...
This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.
This book examines the often tough questions raised by infectious diseases through essays that explore a host of legal and ethical issues. The authors also offer potential solutions in order to ensure that past errors are not repeated in response to future outbreaks. The essays touch on a number of key themes, including institutional competence, the accountability and responsibility of non-state actors, the importance of pharmaceuticals, and the move towards a rights-based approach in global health. Readers gain insights into such important questions as follows: How can we help victims in other countries? What (if any) responsibility should be placed upon international organizations whose ac...
The European Union officially acquired international legal personality with the entry into force of the Lisbon Treaty. Since then, the constitutional foundations of EU external relations have received an ever-greater amount of scholarly attention. So far however, the body of knowledge has remained limited with regard to how the Union is actually being perceived on the global scene. Moreover, its dealings with other international organizations constitute a similar, still underexplored topic. The European Union's Emerging International Identity breaks new ground by addressing both these themes in combination. The resulting volume offers an innovative inquiry into the EU’s image and status, based on a select number of studies of its position and functioning within the framework of eight international organizations.
Juxtaposing perspectives, this insightful book brings together the various dimensions of the relationship between EU law and international law. As the multifaceted interplay between these two legal orders has become increasingly complex with expanding EU policy areas and the development of the EU as a global (normative) actor, this book offers a timely contribution to this important field of study.
The International Committee of the Red Cross (ICRC) was founded in 1863 and is often considered the gold standard in humanitarian action. Despite its many positive achievements over more than 150 years, some former ICRC officials believe that the organization is now in decline because of a series of recent policy choices. Their view is that the organization has undermined its reputation for independent and neutral humanitarian action, while growing too fast and too large, which has weakened its reputation for quick, tightly focused, and effective action in the field. David P. Forsythe revisits the ICRC policy decisions of recent decades and suggests that the organization is not in fatal decline, but that it does need to reconsider some of its policies at the margins. Though some errors have been made and some corrections are in order, Forsythe argues that its obituary is premature.