Vicarious Liability In Tort

Author: Paula Giliker
Publisher: Cambridge University Press
ISBN: 1139493078
Size: 50.83 MB
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Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

Theatre Of The Rule Of Law

Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 113949533X
Size: 45.38 MB
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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

Science And Risk Regulation In International Law

Author: Jacqueline Peel
Publisher: Cambridge University Press
ISBN: 113949323X
Size: 38.80 MB
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The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.

Governmental Liability

Author: H. Street
Publisher: Cambridge University Press
ISBN: 1107594715
Size: 20.33 MB
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First published in 1953, this book formed part of the Cambridge Studies in International and Comparative Law series. The text presents a comparative study of the civil liability of governments in America, Europe and the Commonwealth. Tables of cases and statutes are included, together with a list of works cited. Detailed notes are incorporated throughout. This book will be of value to anyone with an interest in comparative law and legal history.

Tortious Liability For Unintentional Harm In The Common Law And The Civil Law Volume 1 Text

Author: F. H. Lawson
Publisher: CUP Archive
ISBN: 9780521272094
Size: 75.81 MB
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An examination of the approaches of the modern European legal systems, particularly those of England, France, & Germany, to the problem of liability for unintentional harm. The first volume contains a study of the various topics & problems, & the second, a selection of texts & extracts, with commentary. The second volume can be used independently.

Tort Liability Of Public Authorities In Comparative Perspective

Author: Duncan Fairgrieve
Publisher: British Inst of International & Comparative
ISBN:
Size: 73.28 MB
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This book examines the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.

Civil Liability In Europe For Terrorism Related Risk

Author: Lucas Bergkamp
Publisher: Cambridge University Press
ISBN: 1107100445
Size: 34.27 MB
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Comprehensive and forward-looking analysis of civil liability for terrorism-related risk under international, EU and selected national tort laws.

Engaging With Foreign Law

Author: B. S. Markesinis
Publisher: Hart Pub
ISBN: 9781841139470
Size: 31.96 MB
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This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the real world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.