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The book begins with an analysis of the technological infrastructure environment and of the manifold regulatory theories developed in the Internet Governance context. Based on this foundation the transnational normative ecosystem is outlined, followed by a detailed discussion of the substantive Internet Governance principles (such as legitimacy, participation, transparency, accountability). These considerations lead to the presentation of relevant international legal concepts (duty of co-operation, global public goods, shared spaces, due diligence, State responsibility) that merit more attention. The outlook proposes potential approaches for improving the future of the Internet Governance design.
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Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Constitutional law --- Government liability --- Administrative law --- Administrative responsibility --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- Law and legislation --- constitutional law --- fundamental rights --- democracy
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Das Handbuch bietet erstmals eine systematische Darstellung der Staatshaftungssysteme in den EU-Mitgliedstaaten sowie in der Schweiz und der Türkei. Gemeinsamkeiten und Unterschiede in den verschiedenen Rechtsordnungen der europäischen Staaten werden aufgezeigt, in den Kontext des Unionsrechts gestellt und Ansätze für ein künftig einheitliches Staatshaftungsrecht skizziert. Das Werk enthält zum einen mehr als zwanzig Berichte über die Staatshaftungsregimes in den Einzelstaaten; zum anderen erläutert ein übergreifender Sachbericht den gesamteuropäischen Kontext und zieht vergleichende Schlussfolgerungen zu den einzelnen Sachthemen. Aus der Zusammenschau der nationalen Staatshaftungssysteme mit dem Stand der richterrechtlich entwickelten Unionshaftung wird das Staatshaftungsrecht in der EU umfassend analysiert sowie seine Entwicklungsmöglichkeiten auf der Grundlage allgemeiner Rechtsgrundsätze bestimmt. This reference work provides a systematic presentation of the liability systems in EU member states for the first time. Similarities and differences between EU states' various legal systems are presented and also explained in terms of Union Law. In addition, approaches to establishing a uniform state liability law in the future are outlined. This work includes, on the one hand, more than twenty reports about the state liability systems in the individual member states; on the other hand, comprehensive specialized report explain the entire European context and present comparative conclusions on the individual specialized topics. Based on the synopsis of the state liability systems together with the current state of Union liability as developed in case law, the law on state liability in the EU is extensively analyzed and its capability to develop based on general legal principles is defined.
Government liability --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- Law and legislation --- Comparative Law. --- State Liability Law.
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Who is liable if self-spreading biotechnology causes transboundary harm? With engineered gene drives and similar techniques, the genes of wild-living species, pathogens, and crop plants can soon be modified directly in the environment. This might help address pressing public health, environmental, and food security problems. However, these techniques may also spread across national borders. Looking at both states and private actors, this book studies the rules of international law on the prevention of, and liability for, adverse transboundary effects caused by self-spreading biotechnology. Through an in-depth analysis of the relevant treaties and custom, it shows that international law is not yet equipped to cope with the challenges ahead.
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Engaging case studies on the impact of state sovereign immunity on both plaintiffs and states.
Federal government --- Government liability --- States' rights (American politics) --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- State rights --- Sovereignty --- Exclusive and concurrent legislative powers --- Nullification (States' rights) --- States. --- Law and legislation
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"Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished - and if so, how - or are other remedies available? The topic crosses the borders of law, philosophy, and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations"--
Political philosophy. Social philosophy --- Crimes against humanity. --- Criminal liability (International law) --- Government liability. --- Criminal liability (International law). --- Crimes against humanity --- Government liability --- Crime --- International crimes --- Genocide --- War crimes --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- International law --- Law and legislation --- Law --- General and Others --- Collective liability (International law)
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Political sociology --- Political systems --- Government --- Public administration --- Latin America --- Rule of law --- Government liability --- Democratización --- Sociedad Civil --- Administración pública --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- Supremacy of law --- Law and legislation --- América Latina --- Politics and government --- Política gubernamental
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"Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts."--Bloomsbury Publishing.
Terrorism --- Government liability. --- Government immunity --- Government liability --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- War on Terrorism, 2001-2009 --- Prevention --- Law and legislation. --- Law and legislation --- Acts of terrorism --- Attacks, Terrorist --- Global terrorism --- International terrorism --- Political terrorism --- Terror attacks --- Terrorist acts --- Terrorist attacks --- World terrorism --- Direct action --- Insurgency --- Political crimes and offenses --- Subversive activities --- Political violence --- Terror --- Prevention&delete& --- E-books --- Terrorism - Prevention - Law and legislation
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This book examines what makes accountability for previous violations more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether or not accountability can be achieved, but what degree of accountability ca
Truth commissions --- Human rights --- Crimes against humanity --- War crimes --- Government liability --- Restorative justice --- Amnesty --- Criminal justice, Administration of --- Executive power --- Clemency --- Forgiveness --- Pardon --- Political rehabilitation --- Balanced and restorative justice --- BARJ (Restorative justice) --- Community justice --- Restorative community justice --- Reparation (Criminal justice) --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- Crime --- International crimes --- Genocide --- Commissions, Truth --- Reconciliation commissions --- Governmental investigations --- Law and legislation
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A multitude of conventions in the area of the Law of the Sea contains provisions on the issue of compensation for (wrongful) interferences with navigation. Even though interferences by warships and coast guard vessels, due to a perceived increased risk of international crimes at sea, seem to have become more frequent, the compensation provisions have hardly been applied. The book analyses all relevant compensation provisions and compares them to the general law of state responsibility. This necessarily includes a discussion of issues like the responsibility of international organizations, liability for lawful conduct and several and joint liability in public international law.
Freedom of the seas. --- Self-defense (International law) --- War, Maritime (International law) --- Government liability. --- Government immunity --- Government liability --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- Freedom of the seas --- Mare liberum --- Open seas (Law) --- Sea, Freedom of the --- Seas, Freedom of the --- Law of the sea --- Mare clausum --- Maritime war (International law) --- Naval warfare (International law) --- International law --- Neutrality --- Law and legislation --- Law. --- Law of the sea. --- International law. --- Law of the Sea, Air and Outer Space. --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- Maritime law --- Territorial waters --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law of nations --- Nations, Law of --- Public international law --- Law
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