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Human Rights and Public Health in the AIDS Pandemic
Historically, the fields of public health and human rights have remained largely separate. The AIDS pandemic, however, made it clear that a complex relationship exists between the two fields. Women and children have proven to be extremely vulnerable to infection with HIV due to their inability to protect themselves in intimate relationships, their sexual exploitation, and their lack of economic and educational alternatives. On the other hand, coercive government policies aimed at controlling the AIDS pandemic often infringe on the rights of individuals known or suspected of having AIDS, and decrease the effectiveness of public health measures. Protecting and promoting human rights is becoming one of the key means of preserving the health of individuals and populations. A penetrating analysis of the close relationship between public health and human rights, this book makes a compelling case for synergy between the two fields.
Using the AIDS pandemic as a lens, the authors demonstrate that human health cannot be maintained without respect for the dignity and rights of persons, and that human rights cannot be deemed adequate and comprehensive without ensuring the health of individuals and populations. In the course of their analysis, Gostin and Lazzarini tackle some of the most vexing issues of our time, including the universality of human rights and the counter-claims of cultural relativity. Taking a cue from environmental impact assessments, they propose a human rights impact assessment for examining health policies. Such a tool will be invaluable for evaluating real-world public health problems and is bound to become essential for teaching human rights in schools of public health, medicine, government, and law. The volume critically examines such issues as HIV testing, screening, partner notification, isolation, quarantine, and criminalization of persons with HIV/AIDS, all within the framework of international human rights law. The authors evaluate the public health
Author:
Larry O. Gostin & Zita Lazzarini,
Jose Ayala Lasso, Peter Piot & Zita Lazzarini
Publisher: Oxford University Press
ISBN: 9780195114423
Format: Hardback Book
Online Price: $71.95
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Services and Free Movement in EU Law
This book provides a critical analysis of the present state of EU services law. It also provides a contribution to the development of the right to provide services, which is increasingly important. The legal and regulatory foundations of the European services economy are in the process of being reformed. Many issues are unresolved. Some can only be resolved by the European Court or by Community legislation. But a more fundamental analysis of several of these issues is still lacking. One issue is the reconciliation of the case law on goods and services. The conventional view was that the freedoms should follow different routes: the free movement of goods went further than the right to provide services. Have we now got a universal law of free movement making these distinctions redundant? Or has services law gone further than goods law? Another unresolved issue is the division between the regulatory powers of home and host countries in the principle of home country control: does it work? The broad exceptions, relying on concepts such as the general good, do not leave a high degree of certainty.
The book makes use of the financial services sector to analyse the practical implementation of home country control and its exceptions. Mads Andenas and Wulf-Henning Roth have assembled a group of EU scholars from many different jurisdictions and with different views on these matters of such fundamental and practical importance for EU law.
Author:
Mads Andenas & Wulf-Henning Roth,
Lord Slynn
Publisher: Oxford University Press
ISBN: 9780198299387
Format: Hardback Book
Online Price: $295.95
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Personal Injury Law
Now in its second edition, Personal Injury Law: Liability, Compensation and Procedure (previously known as Compensation for Personal Injuries in the 1st edition) is a uniquely convenient and reliable reference work, providing clear summaries of the law, and easy access to the key relevant claims, practice rules, statutes and materials across the whole range of modern personal injury practice. This edition has been fully updated and covers a number of new cases, along with more practical advice. Each of the 64 chapters begins with a concise account of the main points of law followed by the relevant source material, annotated with case references and finer details. The book also includes: all relevant statutory texts relevant parts of the key Health and Safety Regulations full text of the 2004 JSB Guidelines extracts from the Ogden Tables the CICA scheme and MIB agreements legal and medical glossaries and anatomical illustrations. Whether concerned mainly with claimants or defendants, users of this book can rely on it as a sure guide in the complex area of personal injury law and practice.
A companion website dedicated to developments in this area of the law, will keep the book up-to-date.
Author:
Peter Barrie
Publisher: Oxford University Press
ISBN: 9780199275717
Format: Paperback Book
Online Price: $264.95
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Towards an International Criminal Procedure
The aim of this book is to develop an international criminal procedural order. The Statute of the International Criminal Court (ICC) was agreed in 1998. This provides a rough outline of a procedure, but it still needs to be made workable for the prosecution of international criminals. Such a procedural order would need to reconcile Continental and Anglo - American approaches. The book therefore contains a comparison between German (i.e. one of the main leading Continental legal systems) criminal procedure and English and US criminal procedure, how they developed historically and philosophically, and where they stand today. It covers the criminal process from the first steps of the investigation up to the imprisonment of the convicted. In addition to this comparative perspective, this study also analyses international human rights law as the basis of an international procedural order.
For this purpose the contents of the relevant human rights law is extracted from international agreements and international bodies such as the Human Right Committee or the European Court of Human Rights and applied to the procedure of the existing International Tribunal for the Former Yugoslavia and that of the ICC Statute. As a contribution to the fast-growing field of international criminal law, this book will be of use to all academics, practitioners, and government officials involved with the new International Criminal Court.
Author:
Christoph Safferling
Publisher: Oxford University Press
ISBN: 9780199243501
Format: Hardback Book
Online Price: $280.95
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The Personal Employment Contract
This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up to and including the Employment Act 2002, and considers the impact of the Human Rights Act 1998 and of the developing law of human and social rights more generally. In this work, the author has up-dated and built upon his earlier treatise on the Contract of Employment published in 1975. The present work takes account of the very considerable amount of case-law, legislation and legal writing which has affected the law of the contract of employment since the earlier treatise was written. However, the present work aims to do more than providing a second edition of The Contract of Employment.
It addresses a wider range of employment relationships than the previous work did in fact, it argues for, and is constructed around a whole new category of employment contracts, which includes not only contracts of employment but also other personal employment contracts, a concept which the author articulates and justifies. Within that novel conceptual framework, many of the major features of the law of employment contracts are re-examined and presented in unfamiliar and challenging terms. Thus, the employer is re-conceptualized as the employing enterprise, the bilateral structure of employment contracts is re-evaluated, and new explanations are advanced for the functioning of the law of termination of employment contracts and of remedies for wrongful termination.
Author:
Mark Freedland
Publisher: Oxford University Press
ISBN: 9780199249268
Format: Hardback Book
Online Price: $376.95
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Seafarers' Rights
Seafarers' Rights provides the reader with a systematic analysis of the rights of seafarers in the context of the international shipping industry, showing how they are made up of a combination of national and international laws, drawn from a number of sources including maritime law, labour law and international human rights law. Central chapters on these topics are dealt with on an international basis, and complemented by 12 chapters covering key national regimes of particular importance in terms of shipping. The book demonstrates how the seafarer, working in a truly global industry, often falls between the gaps in national and international law. As a result seafarers often have inadequate legal protections. Seafarers' Rights seeks to document the rights and remedies available to seafarers, highlight the problem areas, examine the legal systems of certain seafaring nations and port states and suggest areas that are ripe for legal reform. Countries covered in the national chapters include Brazil, China, Norway, Russia, South Africa, UK and the US.
Author:
Deirde Fitzpatrick & Michael Anderson
Publisher: Oxford University Press
ISBN: 9780199277520
Format: Hardback Book
Online Price: $234.95
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Taking a Case to the European Court of Human Rights
Now in its second edition, this book written by an experienced human rights practitioner, provides practical and accessible advice and guidance on taking cases to the European Court of Human Rights. It incorporates a step by step approach to the litigation process which covers areas such as lodging the initial application, legal aid, costs, interim measures, friendly settlement, third party intervention, just satisfaction, enforcement of judgments, and Grand Chamber referrals. An explanation of the key principles underlying the European Convention on Human Rights precedes a concise and up to date article by article analysis of the substantive law of the European Convention, including derogation, reservation, and damages (with a table of illustrative damages awards in recent cases). It includes key substantive case law developments since 2000, commentary and guidance on the amended Court rules and new practice directions and recent changes in the Court's processing of cases, together with advice and information on drafting pleadings (with precedents included), fact-finding and merits hearings before the Court.
The Court's admissibility criteria, a critical aspect of the Convention system, are dealt with in depth and a comprehensive set of Court forms and other precedents are included in the appendices.
Author:
Philip Leach
Publisher: Oxford University Press
ISBN: 9780199275281
Format: Paperback Book
Online Price: $295.95
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The Supreme Court in Conference
In public, Supreme Court Justices are not known for their candor while ruling upon a case. In private, however, a few days after hearing oral arguments, before deciding upon the case, the Justices openly discuss their views in what is known as the "Conference." Here, for the first time, are the transcriptions of those conference notes-taken by the Justices themselves-to more than two hundred landmark cases from 1945 to 1985, including such landmark decisions on civil rights, abortion, privacy, and Presidential power. The Supreme Court in Conference is the first book to presents the notes to the conference meetings-so private that only the Justices are present-with annotations and introductions by Del Dickson. Two lengthy essays on the conference notes put them into perspective and draw out the some of the patterns, tendencies, and personalities. Volume I covers cases involving the separation of powers and federalism, including such areas as Congressional authority, the Presidenvy, and foreign affairs. Volume II covers cases in civil rights and liberties: free speech, free press, religion, equal protection, privacy, reproductive rights, affirmative action, and many more.
The full transcriptions are accompoanied with full notes, and citations. There is an extensive bibliography and index. he Supreme Court in Conference will become an essential reference work for scholars, lawyers, law students and the interested lay person.
Author:
Del Dickson
Publisher: Oxford University Press
ISBN: 9780195126327
Format: Hardback Book
Online Price: $315.95
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The Constitutionalization of the World Trade Organization
This is a book about the constitutionalization of the World Trade Organization, and the contemporary development of institutional forms and democratic ideas associated with constitutionalism within the world trading system. It is about constitutionalization enthusiasts who promote institutions, management techniques, rights discourse and quasi-judicial power to construct a constitution for the WTO. It is about constitutional skeptics who fear the effect the phenomenon of constitutionalization is having on the autonomy of states, the capacity of the WTO to consider non-economic and non-free-trade goals, and democratic processes at the WTO and within the nation-state. The aim of the study, then, is to disentangle debates about the various meanings of the term 'constitution' when it used to apply to the World Trade Organization, and to reflect upon the significance of those meanings for more general international law conceptions of constitutions. Cass argues that the WTO is not and should not be described as a constitution, either by the standards of any received account of that term, or by the lights of any of the current WTO models.Under these definitions serious issues of legitimacy, democracy and community are at stake.
The WTO would lack a proper political structure to balance the work of its judicial bodies it may curtail the ability of states to decide matters of national economic interest it lacks authorization by a coherent political community and, it risks an emphasis upon economic goals and pure free trade over other, equally important, social values. Instead, Cass argues that what is needed is a constitutionalized WTO which considers the economic development needs of states and takes account of the skewed playing field of international trade and its effect on the economic prospects of developing countries. In short, trading democracy, legitimacy and community and not trading constitutionalization, are the biggest challenges facing the WTO.
Author:
Deborah Z. Cass
Publisher: Oxford University Press
ISBN: 9780199284634
Format: Hardback Book
Online Price: $264.95
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The Governance of Close Corporations and Partnerships
This volume focuses upon the processes by which new business organization forms have developed in the US, UK, and continental Europe. Part I addresses the theoretical developments in partnership and close corporation law. In Part II, the contributors offer insights into the forces shaping the evolution of partnership-type business forms in the US, UK, and several European jurisdictions, and Part III provides detailed analyses of the Limited Liability Company (LLC), Limited Liability Partnership (LLP), the European Private Company, and the Dutch partnership form. The debate on the design of business organization forms adapted to meet the current needs of a range of closely held firms has gained momentum amid the continuing pressures to supply the most competitive business form for small and medium-sized enterprises (SMEs). Which economic and political forces are responsible for the emergence of new limited liability forms for SMEs? Over the last decade this question has often been addressed, as corporate law scholars, practitioners, and policymakers have increasingly directed their attention towards introducing partnership-type business forms. In the US, states have incentives to ta
Author:
Theo Raaijmakers & Erik P.M. Vermeulen Joseph A. McCahery
Publisher: Oxford University Press
ISBN: 9780199264353
Format: Hardback Book
Online Price: $355.95
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Like a Loaded Weapon
Exposes the U.S. Supreme Court's history of racism against American Indians. Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned "like a loaded weapon" in the Supreme Court's Indian law decisions. Beginning with Chief Justice John Marshall's foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government.
Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in International Law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians.
Author:
Robert A. Williams
Publisher: University of Minnesota Press
ISBN: 9780816647101
Format: Paperback Book
Online Price: $30.95
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Defend Yourself
Defend Yourself is designed for those who wish to defend a charge in court. It is particularly for those who want to represent themselves but also for those represented by a lawyer who want to better understand the criminal process. It is a signpost guide, which alerts to first principles, then encourages research. This new second edition has been fully revised and the scope of the content has also been widened beyond NSW. The previous edition of this book was written to New South Wales - its laws, institutions and procedures. This second edition has been broadened to apply generally across Australia, but retains New South Wales as a reference point for names of institutions and details of procedures. The position in other States and Territories may be identical and will probably be very similar - but readers in those other jurisdictions should check this out for themselves. Defend Yourself provides a wide range of information about court procedure, trials and sentencing. It will be of interest to those who find themselves in the strange and often intimidating environment of the courtroom.
Author:
Tim Anderson
Publisher: Federation Press
ISBN: 9781862876866
Format: Paperback Book
Online Price: $29.95
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Mine Safety
Historically, the mining industry has had a high incidence of work related injury and disease, and of disasters involving multiple fatalities. It also faces OHS challenges far exceeding those confronting most other industry sectors. Mine safety legislation can play an important role in meeting those challenges. Although regulation is never likely to be the entire answer, good regulation not only brings laggards up to a minimum legal standard, it also encourages, rewards and facilitates leaders in going beyond them. Bad regulation, in contrast, constrains good enterprises from taking the initiative to improve OHS, while failing to deter bad ones. This book describes mine safety legislation in the mining states and analyses its strengths and weaknesses. It also examines the broader policy questions of how best to design, implement and enforce mine safety regulation. It argues that substantial reform will be necessary not only in setting standards, but also in their implementation, if further OHS improvements are to be achieved.
This implies substantial changes in the way the mine safety inspectorates go about their tasks: in how they administer and enforce the law and in the circumstances in which they choose to prosecute. It also requires the nurturing of a degree of trust between employers and workers (individually and collectively) and between both these parties and the mines inspectorates, that has been substantially lacking in recent years.
Author:
Neil Gunningham
Publisher: Federation Press
ISBN: 9781862875661
Format: Paperback Book
Online Price: $75.00
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Corpse
How the hot new science of forensic ecology is cracking some of the world's toughest criminal cases. When detectives come upon a murder victim, there's one thing they want to know above all else: When did the victim die? The answer can narrow a group of suspects, make or break an alibi, even assign a name to an unidentified body. But outside the fictional world of murder mysteries, time-of-death determinations have remained infamously elusive, bedeviling criminal investigators throughout history. Armed with an array of high-tech devices and tests, the world's best forensic pathologists are doing their best to shift the balance, but as Jessica Snyder Sachs demonstrates so eloquently in Corpse, this is a case in which nature might just trump technology: Plants, chemicals, and insects found near the body are turning out to be the fiercest weapons in our crime-fighting arsenal. In this highly original book, Sachs accompanies an eccentric group of entomologists, anthropologists, biochemists, and botanists--a new kind of biological Mod Squad--on some of their grisliest, most intractable cases. She also takes us into the courtroom, where post-O. J.
forensic science as a whole is coming under fire and the new multidisciplinary art of forensic ecology is struggling to establish its credibility. Corpse is the fascinating story of the 2000year search to pinpoint time of death. It is also the terrible and beautiful story of what happens to our bodies when we die.
Author:
Jessica Snyder Sachs
Publisher: Perseus Books
ISBN: 9780738207711
Format: Paperback Book
Online Price: $25.95
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The Regulatory Craft
The Regulatory Craft tackles one of the most pressing public policy issues of our timethe reform of regulatory and enforcement practice. Malcolm K. Sparrow shows how the vogue prescriptions for reform (centered on concepts of customer service and process improvement) fail to take account of the distinctive character of regulatory responsibilitieswhich involve the delivery of obligations rather than just services.In order to construct more balanced prescriptions for reform, Sparrow invites us to reconsider the central purpose of social regulationthe abatement or control of risks to society. He recounts the experiences of pioneering agencies that have confronted the risk-control challenge directly, developing operational capacities for specifying risk-concentrations, problem areas, or patterns of noncompliance, and then designing interventions tailored to each problem. At the heart of a new regulatory craftsmanship, according to Sparrow, lies the central notion, pick important problems and fix them. This beguilingly simple idea turns out to present enormously complex implementation challenges and carries with it profound consequences for the way regulators organize their work, manage their discretion, and report their performance. Although the book is primarily aimed at regulatory and law-enforcement practitioners, it will also be invaluable for legislators, overseers, and others who care about the nature and quality of regulatory practice, and who want to know what kind of performance to demand from regulators and how it might be delivered. It stresses the enormous benefit to society that might accrue from development of the risk-control art as a core professional skill forregulators.
Author:
Malcolm K. Sparrow
Publisher: Brookings Institution
ISBN: 9780815780656
Format: Paperback Book
Online Price: $46.95
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Problem of Prisons
For more than 160 years New Zealand has struggled to find a formula for dealing with criminals in a humane, workable and effective way.Arthur Hume, the first Inspector of Prisons, presided over a regime of hard physical labour and severe discipline under austere conditions. Changing philosophies over the decades meant policies of flogging and punishment diets gave way to homely touches such as budgies, potplants and radios in prisoners' cells. Hardening public attitudes to increasingly violent crime in recent years have brought tougher controls on parole, and, recently, the longest non-parole sentence ever handed down. But, under all regimes, reoffending rates have remained disappointingly high.Newbold provides a comprehensive history of the legislative and administrative changes in corrections and interweaves descriptions of the day-to-day realities of prison life as well as more occasional dramas such as the notorious prison escapes by Maori Mac, George Wilder and John Gillies, and the 1965 inmate riot that left Mt Eden almost uninhabitable for days.The Problem of Prisons is the first analysis of the history of the corrections system in New Zealand.
It weighs the complex factors that have driven New Zealand's correctional philosophy and practice since 1840.
Author:
Greg Newbold
Publisher: Dunmore Publishing Limited
ISBN: 9781877399213
Format: Paperback Book
Online Price: $60.00
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Restorative Justice
Restorative Justice - The Empowerment Model presents a powerful challenge to many current accounts of the criminal justice system. Charles Barton gives a clear and insightful analysis of current restorative justice philosophy and theory. He uses a unifying and overarching principle of empowerment to provide a distinct conceptual framework for restorative justice theory and practice. He puts forward a step-by-step implementation process, which includes restorative meeting facilitation, complete with seating plans and scripted prompts for mediators, keepers, and facilitators. There will also be two sample role plays in the book and additionally there will be four complete role plays available on our website, closer to publication. Barton emphasises the importance of each participant in a restorative justice meeting - the victims, offenders and their supporters as well as professionals such as police, social workers and legal advocates. Successful programs must consistently and reliably achieve maximally restorative outcomes for all of them. Practitioners need always keep this objective in mind.Barton's book will strengthen their comprehension and facilitate application of the practical process.
Author:
Charles Barton
Publisher: Federation Press
ISBN: 9781876067168
Format: Paperback Book
Online Price: $49.50
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Acting From the Heart: Australian Advocates for Asylum Seekers Tell Their Stories
In recent years, thousands of Australians from all walks of life have been moved to act in support of asylum seekers and refugees and against the Australian government's immigration policy and practice. In Acting from the Heart, over 50 people who reflect the diversity of this movement describe how and why they became involved. The contributors shared a sense of disbelief and outrage that 'Australian values' suddenly appeared to include callous self-interest and a disregard for human suffering. The detention of over 4000 children could not easily be seen as necessary or 'a fair go'. The experiences described in this collection speak to the profound emotional impact of involvement in this movement. Advocates have undergone extremes of sadness, anger, frustration and joy. There is sadness at the loss of Australia's moral innocence and of identity; anger about the pain and damage inflicted on vulnerable individuals; and the frustration of dealing with a political and bureaucratic machine intent on detention at all costs, and operating within a punitive model where all are guilty. And, occasionally, all this is leavened with the joy of a detainee being released.For some, the 'refugee issue' has become a defining personal stance, one which has engaged and divided families and communities. Acting from the Heart shows the hardship and commitment behind this extensive grassroots political movement. Stories, poems and political cartoons by Australia's foremost, award-winning cartoonists, make up this powerful and provocative book. The refugee question has become a moral debate and, for some, a way of reasserting our essential human values. Acting from the Heart represents a powerful contribution to the ongoing debate about the ethics of our nation and the politics of institutionalised inhumanity worldwide.
Author:
Sarah Mares & Louise Newman
Publisher:
ISBN: 9781876451783
Format: Paperback Book
Online Price: $24.95
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Introducing Criminology
Criminology, or the study of crime, has developed rapidly as a subject in recent years, while crime and the problem of how to respond to it have become major concerns for society as a whole. This book provides a succinct and highly readable - and much needed - introduction to criminology for those who want to learn more, whether they are already studying the subject, thinking of doing so, or just interested to discover what criminology is about. Introducing Criminology begins by asking basic questions: what is crime? what is criminology?, before examining the ways in which crime has been studied, and looking at the main approaches and schools of thought within criminology and how these have been developed. The authors focus particularly upon attempts to understand and explain crime by the disciplines of psychology and sociology, and consider also the impact of feminist and postmodern thought on the development of the subject.
In the second part of the book the authors take three very different topics to illustrate some of the themes raised in the first half of the book, exploring the particular issues raised by each topic, and showing how criminologists have gone about their work: serial murder - the attempt to understand a particular type of crime policing - key issues in the study of the criminal justice process CCTV - how we can tell what works in crime prevention, and what are the wider issues raised by the use of CCTV?
Author:
Clive Coleman & C. Norris
Publisher: Willan Publishing
ISBN: 9781903240090
Format: Paperback Book
Online Price: $49.50
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Policing, Ethics and Human Rights
The publication of this important book coincides with the implementation of the Human Rights Act, one of the most significant constitutional changes since the 1688 Bill of Rights...it fills a gap by providing a framework for the debate about ethics in policing and linking it to developing and ensuring an ethical policing culture. It benefits greatly from the authors' strong combination of operational and academic experience and their obvious commitment to the practical application of human rights.From the Foreword by the Rt Hon Jack Straw, MP Home Secretary Ethical and human rights issues have assumed an increasingly high profile in the wake of miscarriages of justice, racism (Lawrence Inquiry), incompetence and corruption - in both Britain and overseas. At the same time the implementation of the Human Rights Act 1998 in England and Wales will have a major impact on policing, challenging many of the assumptions about how policing is carried out. This book aims to provide an accessible introduction to the key issues surrounding ethics in policing, linking this to recent developments and new human rights legislation.
It sets out a powerful case for a modern 'ethical policing' approach. Policing, Ethics and Human Rights argues that securing and protecting human rights should be a major, if not the major, rationale for public policing.
Author:
Peter Neyroud & Alan Beckley
Publisher: Willan Publishing
ISBN: 9781903240151
Format: Paperback Book
Online Price: $49.50
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