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Ciências Jurídico-Políticas
Climate change, resulting natural disasters and the legal responsibility of states de Alexandra Birchler
Extreme weather events, such as cyclones and hurricanes, are increasing in their frequency and intensity. This increase has been scientifically linked to global warming, which is induced by anthropogenic climate change. This phenomenon is disproportionately affecting developing States, such as the Caribbean and Pacific Islands, even though they are not contributing to climate change to the same extent as developed States or emerging markets, and having a devastating effect on people and their livelihoods. This book examines two critical aspects of this situation, to which no specific, singular source in public international law is applicable or responsible. This book first examines the manner in which public international law, in particular international environmental law and customary public international law, is applicable to the question of funding for reconstruction and early warning systems by developed States and emerging markets. As the intensity and frequency of these events increases, so does the requirement for funding, with the aim of improving vulnerable States resilience to climate-related devastation. While there are several schemes in place in order to secure funding for either early warning systems or postdisaster reconstruction, such as donations or insurance solutions, there is no specific instrument in public international law that deals with the question of whether developed States and emerging markets have an obligation to financially assist disaster-prone developing States with regard to the establishment of early warning systems and reconstruction in the wake of natural disasters. This book also analyses the right to receive humanitarian assistance and the State's obligation to provide early warning. In the aftermath of a calamitous event, the victims are largely dependent on the Sate and its capacity to organise and accept, if necessary, international humanitarian assistance. If the affected State refuses to do so, the consequences for the victims can be disastrous. With regard to humanitarian assistance, the book focuses on the application of human rights law on the international as well as regional levels, such as the African human rights system for example. In addition, the book outlines the doctrine of the responsibility to protect in this context and its practical limits in particular. As concerns the question of whether there is an obligation to provide early warning, this is assessed through an analysis of the case law of the European Court of Human Rights, also taking into account the jurisprudence of the Inter-American Human Rights system. Throughout its discussion of legal responsibility under international law resulting from climate change-induced natural disasters, this book takes into account the new developments around the International Law Commission's project on the "Protection of Persons in the Event of Disasters", which is now considered for treaty adoption.
Cota: Ebook
ISBN: 9781839700309
Data: 2020-12-20
Estudos sobre fiscalização sucessiva concreta da constitucionalidade de Luísa Neto...[et al.]
Sendo o artigo 204.º da Constituição o ponto de partida necessário da fiscalização sucessiva concreta da constitucionalidade (e da legalidade), a construção do modelo como sistema misto — de fiscalização jurisdicional difusa e concentrada por via de recurso — combina preocupações complementares que têm origens históricas e geográficas também distintas.
Esta fiscalização sucessiva concreta da constitucionalidade ocupa um lugar evidente na preocupação dos agentes do foro, assim como no volume de processos tramitados no Tribunal Constitucional. Ora, a observação da prática judicial aponta para um sucesso muito reduzido dos requerimentos de não aplicação de normas com fundamento em inconstitucionalidade apresentados pelas partes em tribunais a quo e no Tribunal Constitucional.
Por outro lado, esta modalidade da garantia da constituição e da constitucionalidade levanta questões comparativas essenciais quanto ao modo de acesso à justiça constitucional, quando regularmente se levantam vozes a propor ou exigir a introdução de mecanismos como os da queixa constitucional ou do recurso de amparo.
Neste sentido, é este modo de fiscalização um verdadeiro sismógrafo do Estado de Direito Democrático que se quer sempre vindicar.
Foram estas constatações que centraram a organização de curso breve — já com duas edições — pela Faculdade de Direito da Universidade do Porto e pelo CIJ-FDUP e que agora são disseminadas através da presente publicação. Tendo em conta o escopo da obra, optou-se por preservar a geometria variável dos textos e respetiva forma
Cota: Ebook Open Access
ISBN: 978-989-53745-8-8
Data: 2023
Presidents and Democracy in Latin America de Manuel Alcántara (Editor); Jean Blondel (Editor); Jean-Louis Thiébault (Editor)
This new textbook provides students with a comprehensive and accessible introduction to the presidents and presidential leadership in Latin America. Unlike other texts, Presidents and Democracy in Latin America integrates both political analysis and major theoretical perspectives with extensive country-specific material. Part One examines the developments in recent years in Latin American presidentialism and identifies different characteristics of society and politics which have influenced Latin American governments. The personalization of political life and of presidential government help to illustrate the character of Latin American politics, specifically on the type of political career of those who occupied the presidential office, the leadership style of these presidents and the type of government which they led. Part Two studies two presidents in each of six countries in the region which reflect the broad trends in the political and electoral life: Argentina, Brazil, Chile, Colombia, Mexico, and Peru. Each case study first provides the biographical background of the president; it outlines the political career of the president both inside and outside of a party, including at the local level; the popularity of the president at the time of the presidential election is given, as well as the mode of selection of the candidates (selection by party leaders only, by party members or by a primary). The relation of the president with the government or ministers, especially if there is a coalition government, is detailed. This textbook will be essential reading for all students of Latin American Politics and is highly recommended for those studying executive politics, political leadership, and the state of democratic governance in Latin America.
Cota: Ebook
ISBN: 9781315112664
Data: 2017-09-07
Routledge Handbook of Comparative Constitutional Change de Xenophon Contiades (Editor); Alkmene Fotiadou (Editor)
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Cota: Ebook
ISBN: 9781351020985
Data: 2020-06-11
Sustainable Public Procurement under EU Law de Beate Sjåfjell (Editor); Anja Wiesbrock (Editor)
This book examines the effectiveness of the modernisation of EU public procurement law in light of the overarching treaty goals on sustainability. Contributors expertly cover core issues of public procurement, including life cycle costing (LCC), eco- and fairtrade labels, the link to the subject matter (LtSM) requirement, the mandatory horizontal rule on environmental and social legal compliance, and framework agreements. Also explored are the balancing of economic and non-economic objectives implied in sustainable public procurement. The volume moves on to identify major unresolved issues in the use of sustainability considerations, and highlights challenges and possibilities for the national implementation due to take place in 2016. The book contributes to the dismantling of the compartmentalisation that underpins unsustainable policy decisions by discussing the interface of company law and public procurement law and the implication of the new rules on sustainable public procurement for sustainable companies, and specifically for small- and medium-sized enterprises (SMEs).
Cota: Ebook
ISBN: 9781316423288
Data: 2015-12-05
Ciências Jurídicas
Artificial Intelligence and Legal Analytics de Kevin D. Ashley
The field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM's Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book - designed to explain computational processes to non-programmers - describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating work.
Cota: Ebook
ISBN: 9781316761380
Data: 2017-07-13
Autonomy, Consent and the Law de Sheila A.M. McLean
Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law. Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomynbsp;- while rich and challengingnbsp;- has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law - roughly equivalent to the individualistic model - would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.
Cota: Ebook
ISBN: 9780203873199
Data: 2009-09-10
Core Concepts in Criminal Law and Criminal Justice de Kai Ambos (Editor); Antony Duff (Editor); Julian Roberts (Editor); Thomas Weigend (Editor); Alexander Heinze (Editor)
Attempts at trans-jurisdictional debate and agreement are often beset by mutual misunderstanding. Professionals and academics engaged in comparative criminal law sometimes use the same terms with different meanings or different terms which mean the same thing. Although English is the new lingua franca in international and comparative criminal law, there are many ambiguities and uncertainties with regard to foundational criminal law and criminal justice concepts. However, there exists greater similarities among diverse systems of criminal law and justice than is commonly realised. This book explores the foundational principles and concepts that underpin the different domestic systems. It focuses on the Germanic and several principal Anglo-American jurisdictions, which are employed as examples of the wider common law-civil law divide.
Cota: Ebook, vol. 1
ISBN: 9781108483391
Data: 2020-01-16
Core Concepts in Criminal Law and Criminal Justice: Volume 2, Criminal Procedure de Kai Ambos (Editor); Antony Duff (Editor); Alexander Heinze (Editor); Julian Roberts (Editor); Thomas Weigend (Editor)
The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes - but not always - lead to similar outcomes. This book is the second volume of a series in which eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed.
Cota: Ebook, vol. 2
ISBN: 9781316510544
Data: 2022-02-17
Derecho del consumo y protección del consumidor sustentable en la sociedad digital del siglo XXI de Silvia Barona Vilar (ed.)
Si bien el origen del consumo puede encontrarse a partir del siglo XVII, con la producción y comercialización de bienes y productos, emergiendo el denominado «consumo de necesidad», su imparable y volcánica evolución ha promovido el paso de ese consumo de subsistencia al consumo como bienestar y su posterior sentido de consumo = pócima de la felicidad.
Seductoras oportunidades, que atraen, embaucan, manipulan y convencen al destinatario no sólo del objeto a consumir, sino de su necesidad indiscutible, han ido favoreciendo un consumo masivo, propulsado en la sociedad economicista y tecnológica del siglo XXI, que plantea problemas al planeta en general, como la pérdida de recursos para el medioambiente o las patologías mentales (a ello se ha referido Naciones Unidas con los ODS 2015), además de suscitar la necesidad de conjugar límites y regulaciones que permitan controlar el consumo líquido que nos acompaña.
Son numerosas e interesantes las cuestiones que se van planteando en torno a un derecho del consumo en constante mudanza, activo, impulsivo, expansivo. De este modo, la obra que el lector tiene entre sus manos ofrece esa mirada poliédrica, asimétrica, de numerosas cuestiones que provoca en el siglo XXI el análisis acerca del sobredimensionalismo del consumo en la vida y de sus consecuencias en el derecho del consumo.
Cota: Ebook Open Access
ISBN: 9789566201533
Data: 2023
Mechanical Choices de Michael S. Moore
Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, acenturies-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions. Such challenges - four in number - are distinguished from each other by thedifferent neuroscientific facts from which they arise: the fact that human choices are caused by brain events; the fact that those choices don't cause the actions that are their objects but are only epiphenomenal to those choices; the fact that those choices are identical to certain physical eventsin the brain; and the fact that human subjects are quite fallible in their knowledge of what they are doing and why. The body of this book shows how such challenges are either based on faulty facts or misconceived as to the relevance of such facts to responsibility. The book ends with a detailedexamination of the neuroscience of addiction, an examination which illustrates how neuroscience can help rather than challenge both law and morality in their quest to accurately define excuses from responsibility.
Cota: Ebook
ISBN: 9780190864026
Data: 2020-05-22
Rethinking the Prosecutor's Discretion at the International Criminal Court de Jacopo Governa
The Prosecutor of the International Criminal Court is the first prosecutor of a permanent international criminal court and is responsible for investigating situations where international crimes appear having been committed and for prosecuting perpetrators of these crimes before the Court. The traditional contrast between those systems applying the principle of mandatory prosecution and those applying the discretionary principle, raised the question on the applicable model in the international criminal justice system. The traditional selectivity characterizing International Criminal Law, the limited resources, and the tendential use of procedural mechanisms familiar to common law systems before international criminal tribunals are some of the reasons leading scholars to attribute discretion to the Prosecutor of the International Criminal Court as well. The purpose of this book is to determine whether the Prosecutor effectively enjoys discretion and possibly to what extent. The statutory framework does not necessarily point towards a strong discretionary power of the Prosecutor, and practice reveals that the discretion granted to the Prosecutor in recent years seems sometimes to have jeopardized the effectiveness of his activities.
Cota: D05-2567
ISBN: 9783428188185
Data: 2023-03-01
The European Investigation Order de Alexander Heinze (Editor); Peter Rackow (Editor); Miha Sepec (Editor); Luca Petersen (Other Primary Creator); Kai Ambos (Editor)
This book is the last and final part of the project European Investigation Order - legal analysis and practical dilemmas of international cooperation - EIO-LAPD in the EU Justice Programme. It presents a contribution to the European-wide discourse on how to enhance the effectiveness and the practical implementation of the Directive 2014/41/EU on the European Investigation Order in Criminal Matters of the European Parliament and of the Council of 3 April 2014 (EIO). Through national reports (Part I), the analysis of selected topics (Part II), and shorter case comments (Part III), the book's objective is to equip target groups with specialised knowledge about the cross-border evidence gathering procedure described in the Directive 2014/41/EU. Unlike other parts of the project, this monograph is targeted at the legal community, students of law, NGOs and the interested public. Its goal is to achieve a greater inclusion of dilemmas connected with the practical application of the Directive into the legal and public discourse.
Cota: D05-2577
ISBN: 9783428187089
Data: 2023-08-01
Filosofia/Sociologia
Oxford Studies in Agency and Responsibility Volume 6 de David Shoemaker (Editor)
Oxford Studies in Agency and Responsibility is a series of volumes presenting outstanding new work on a set of connected themes, investigating such questions as: DT What does it mean to be an agent? DT What is the nature of moral responsibility? Of criminal responsibility? What is the relation between moral and criminal responsibility (if any)? DT What is the relation between responsibility and the metaphysical issues of determinism and free will? DT What do various psychological disorders tell us about agency and responsibility? DT How do moral agents develop? How does this developmental story bear on questions about the nature of moral judgment and responsibility? DT What do the results from neuroscience imply (if anything) for our questions about agency and responsibility? OSAR thus straddles the areas of moral philosophy and philosophy of action, but also draws from a diverse range of cross-disciplinary sources, including moral psychology, psychology proper (including experimental and developmental), philosophy of psychology, philosophy of law, legal theory, metaphysics, neuroscience, neuroethics, political philosophy, and more. It is unified by its focus on who we are as deliberators and (inter)actors, embodied practical agents negotiating (sometimes unsuccessfully) a world of moral and legal norms.
Cota: Ebook
ISBN: 9780198845539
Data: 2019-11-26