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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.
Concerns associated with globalisation of markets, exacerbated by the 'credit crunch', have placed pressure on many nation states to make their labour markets more 'flexible'. In so doing, many states have sought to reduce labour standards and to diminish the influence of trade unions as the advocates of such standards. One response to this development, both nationally and internationally, has been to emphasise that workers' rights are fundamental human rights. This collection of essays examines whether this is an appropriate or effective strategy. The book begins by considering the translation of human rights discourse into labour standards, namely how theory might be put into practice. The remainder of the book tests hypotheses posited in the first chapter and is divided into three parts. The first part investigates, through a number of national case studies, how, in practice, workers' rights are treated as human rights in the domestic legal context. These ten chapters cover African, American, Asian, European, and Pacific countries. The second part consists of essays which analyse the operation of regional or international systems for human rights promotion, and their particular relevance to the treatment of workers' rights as human rights. The final part consists of chapters which explore regulatory alternatives to the traditional use of human rights law. The book concludes by considering the merits of various regulatory approaches.
The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: first, where free trade is seen to be incompatible with environmental protection and, second, where WTO law confronts legal regimes governing issues of competition and intellectual property.
Does the territorial state organisation matter for effective policy making, and if so, in what way? So far, we know relatively little about its effects on policy making and policy outputs. Starting from the hypothesis that decentralised policy making has positive effects whereas federalism has a slightly negative impact on policy performance, this book systematically tests the independent and interdependent effects of different combinations of federal/unitary and decentralised/centralised structures of decision making and implementation. Based on a mixed methods design it first quantitatively tests the relationships for the OECD countries in cross-sectional as well as panel designs. In a second step, qualitative case studies are conducted for four countries: federal-centralised Austria, federal-decentralised Switzerland, unitary-decentralised Denmark, and unitary-centralised Ireland. The authors study two space-related policy areas, both with regard to the decision making and the implementation stage of the policy-making process: regional policy and transport policy.
Rational institutionalism’s theoretical explanations for external Europeanisation focus on material incentives such as accession conditionality in determining change in non-EU states. However, such exogenous explanations struggle to interpret ongoing Europeanisation where accession incentives have declined or even reversed (‘stalled’ accession), but institutional adjustment still continues. This Europeanization phenomenon is evident in Turkey, a state that had actively pursued EU membership between 1999 and 2004, resulting in domestic institutional reform to align governance structures with the EU. Thereafter, Europeanisation has reversed in some policy sectors but nonetheless continued in others such as Turkish water policy, despite a declining accession process. Rational institutional arguments therefore appear to lose explanatory power for such events post-2005. An alternative theoretical proposition forwarded is that the EU accession process embedded a self-sustaining cycle of socialization through social learning around water policy norms amongst policy actors that has continued beyond this accession imperative.