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International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, destruction of the natural habitat, or to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators the traditional concept of provisional measures has undergone a process of humanisation. This book addresses the question how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet this book analyses their (best) practices and obstacles, determines the underlying rationale for their use of provisional measures and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity on what belongs to the core of the concept, and on what does not belong to the concept at all, enhances the persuasive force of provisional measures. The practices of the international adjudicators made accessible in this book may prove useful in the ongoing cross-fertilization occurring among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs as well as international institutions to address more effectively urgent human rights cases. About this book: 'Rieter's book is a very worthwhile and sorely needed reference. Overall, the book provides a comprehensive and organized explanation of provisional measures and the bodies that may issue them. Its most important contribution is found in the middle chapters addressing the various situations and kinds of harm previously addressed by human rights tribunals when granting provisional measures, although the practical suggestions to human rights tribunals are also surely welcome. Researchers, human rights defenders and the tribunals themselves will find much in Rieter's volume to strengthen and enrich their work. Ideally, the information it contains will contribute not only to better understanding of provisional measures, but also to coherence in, and progressive development of, this area of the law.' X on internationalhumanrightslaw.org (2010))
In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
2 Dispute Settlement Under UNCLOS
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
Irreparable Harm is a heart-pounding legal thriller that will keep you on the edge of your seat from the first page. Surprising twists, a brisk pace, and an unforgettable protagonist make this electrifying debut an unputdownable read and pave the way for a long-running series that has captivated over two million readers! Meet Attorney Sasha McCandless, a woman with one burning ambition: to make partner at the most prestigious law firm in town. Little does she know, her dreams of success are about to collide with a world of deceit and danger, thrusting her into a high-stakes battle she never expected. When a commercial airline flight crashes, leaving no survivors, Sasha is handpicked to defend the company in the inevitable litigation. It’s her big break—a chance to prove herself to an important client. But as she builds the defense, a sinister truth emerges, and the people connected to the case start mysteriously dying. With mounting evidence that the tragic crash was no accident but a deliberate act of evil, Sasha must navigate a treacherous landscape of lies, betrayal, and conspiracy. Desperate for answers and running out of time, she forms an unlikely alliance with a federal air marshal, embarking on a race against the clock to prevent another devastating airline disaster. Driven by her unwavering determination and fueled by the adrenaline of the chase, Sasha McCandless fights to stop a madman before he silences her forever. As the tension escalates and the stakes skyrocket, you'll find yourself immersed in a world where justice hangs in the balance, and one woman risks everything to expose the truth. USA Today bestselling author Melissa F. Miller showcases her unparalleled storytelling skills in this first book in an addictive series that will leave you craving more. Download your copy today and buckle up for a white-knuckle ride of suspense, surprises, and a strong female protagonist who will capture your heart and leave you breathless.
This book contains a systematic assessment of the content and scope of obligations to prevent gross human rights violations. There has been a great deal of attention for concepts aiming to prevent gross human rights violations, such as conflict prevention and the responsibility to protect. Yet despite this shift in attention towards prevention, it has remained unclear what legal obligations states have to prevent gross human rights violations under international human rights law. The focus in this book is on three specific types of injury prohibited under international human rights law: torture, arbitrary death and genocide. Further distinctions are made between four temporal phases (long-term prevention, short-term prevention, preventing continuation, preventing recurrence) and territorial and extraterritorial obligations. The structure of the book allows academics and practitioners to learn about obligations to prevent gross human rights violations in a general sense, as well as find targeted information on the content and scope of obligations in specific settings. Nienke van der Have recently completed her Ph.D. at the Amsterdam Center for International Law, which forms part of the University of Amsterdam’s Faculty of Law, and currently works as Senior legal specialist at the department of Constitutional Affairs and Legislation of the Ministry of the Interior and Kingdom Relations of The Netherlands.