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315 pages ; 21 cm.
SAL3 (off-campus storage)
xviii, 342 pages : illustrations ; 24 cm.
Collective Bargaining Developments in Times of Crisis' discusses the evolution of collective bargaining systems (structure and content) since 2008 with a comparative perspective. In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralization of collective bargaining. An extensive body of research ? summed up and analysed expertly in the chapters of this book ? reveals that the process of decentralization has more often than not led to a situation where salaries and labour conditions are evermore frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive.
Law Library (Crown)
xxix, 619 pages : illustrations ; 25 cm
  • Preface
  • Tort law in the 21st century : the purpose of this book
  • A case-oriented and multilateral approach to the teaching, studying, and learning of comparative law : the approach used in this book
  • Is it legitimate and beneficial for judges to compare?
  • The principles of European tort law : a brief introduction and analysis
  • Conditions and limits of extra-contractual liability-cable cases
  • Fault-based liability and the required standard of care : the case of damage caused by minors
  • Fault-based liability in action : challenges of establishing fault (and alternative regimes) : the example of sports accidents
  • Liability without fault : a ruptured water main : casum sentit dominus?
  • Most common cases : traffic accidents
  • Liability in cases of uncertain causation : "all or nothing" or partial compensation in relation to the probability of causation?
  • Damage suffered by secondary victims : the case of psychiatric injury, "nervous shock", or "post-traumatic stress disorder (PTSD)" following the loss of severe injury of a loved one
  • Damage suffered by secondary victims : damages for pure emotional harm following the loss or severe injury of a loved one
  • Liability for others : the case of liability of parents for damage caused by their children
  • Pure economic loss : the case of liability for wrongful information and advice
  • Protection of privacy and the purposes of tort law
  • Damage to public goods : the case of damage to the environment, pure ecological damage in particular
  • Comparative tort litigation : an introduction, with a focus on the costs of lawsuits
  • Cross-border torts : coordinating legal diversity through private international law : an introduction
  • Epilogue: Tort law in context : and potential alternatives to tort liability.
Comparative Tort Law promotes a `learning by doing' approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: * solve the proposed scenario according to the laws of several jurisdictions; * compare the approaches and solutions they have identified; * evaluate their respective pros and cons; and * reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.
(source: Nielsen Book Data)9781138567726 20181001
Law Library (Crown)
xv, 334 pages ; 25 cm.
  • Foreword / Luciano Vandelli
  • Introduction: The European Charter of Local Self-Government as an international treaty with constitutional significance
  • The historical legitimacy of the charter
  • The charter as a source of international, EU and domestic law
  • Concept and design of local self-government in Europe
  • The relevance of the charter for international and comparative public law.
In Constitutional Principles of Local Self-Government in Europe Giovanni Boggero offers a meticulous account of the defining features of European constitutional local government law using both an international and comparative law perspective. The book argues that differences between local government systems in Europe, typical examples of internal affairs of a State, can be smoothed away by construing a consistent system of constitutional principles to be coherently applied at domestic level across the whole European legal space. This system can be best grasped by looking at the European Charter of Local Self-Government, which embodies a concept of self-government rooted in common legal traditions, and at its subsequent practice within the Council of Europe.
(source: Nielsen Book Data)9789004347236 20180122
Law Library (Crown)
xxiv, 329 pages ; 24 cm.
  • Introduction: Reasoning indivisible rights
  • The ECHR and socio-economic rights protection
  • Making sense of the ECtHR's socio-economic protection
  • The stages of fundamental rights adjudication
  • Core rights as limits to limitations
  • Minimum cores and the scope of fundamental rights
  • Core socio-economic content
  • A core rights perspective for the ECtHR
  • Core socio-economic rights in the case law of the ECtHR
  • Conclusion: Fit and future.
Core Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection.
(source: Nielsen Book Data)9781107198470 20180717
Law Library (Crown)
viii, 287 pages : illustrations ; 23 cm
  • Introduction and overview
  • Perpetual peace and the cosmopolitan constitution
  • A Kantian system of constitutional justice
  • Constitutional pluralism and transnational justice
  • Beyond individual justice
  • Beyond rights minimalism
  • Beyond borders
  • Conclusions.
This book provides an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace, and to the elaboration of a Kantian-congruent model of constitutional justice, both within and beyond the nation state. Part II applies this theoretical framework to explain the gradual constitutionalization of a cosmopolitan legal order a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The book argues that this order has emerged in Europe thanks to the combined effects of Protocol no. 11 (1998) of the European Convention on Human Rights and the incorporation of the Convention into national law. The book covers the strengthening of the Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to "qualified" rights, including privacy and family life, freedoms of speech, assembly, the press, conscience, and religion; the robust enforcement of "absolute" rights, including the prohibition of torture and inhuman treatment; and the Court's aim to render justice to all people that come under its jurisdiction, even non-citizens who live - and whose rights are violated - beyond Europe. It explains how the European Court of Human Rights has become one of the most active and important advocates for human rights in the world, while helping to construct a nascent cosmopolitan constitution in Europe.
(source: Nielsen Book Data)9780198825340 20180730
Law Library (Crown)
xiv, 250 pages, 8 unnumbered pages of plates : illustrations (chiefly color) ; 24 cm
The wars waged by the English in France during the fourteenth and fifteenth centuries led to the need for judicial agencies which could deal with disputes that arose on land and sea, beyond the reach of indigenous laws. This led to the jurisdictional development of the Courts of Chivalry and Admiralty, presiding over respectively heraldic and maritime disputes. They were thus of considerable importance in the Middle Ages; but they have attracted comparatively little scholarly attention. The essays here examine their officers, proceedings and the wider cultural and political context in which they had jurisdiction and operated in later medieval Western Europe. They reveal similarities in personnel, institutions and outlook, as well as in the issues confronting rulers in territories across Europe. They also demonstrate how assertions of sovereignty and challenges to judicial competence were inextricably linked to complex political agendas; and that both military and maritime law were international in reach because they were underpinned by trans-national customs and the principles and procedures of Continental civil law. Combining law with military and maritime history, and discussing the art and material culture of chivalric disputes as well as their associated heraldry, the volume provides fresh new insights into an important area of medieval life and culture. Anthony Musson is Head of Research at Historic Royal Palaces; Nigel Ramsay is Honorary Senior Research Associate in the Department of History at University College London. Contributors: Andrew Ayton, Richard Barber, John Ford, Laurent Hablot, Thomas K. Heeboll-Holm, Julian Luxford, Ralph Moffat, Philip Morgan, Bertrand Schnerb, Anne F. Sutton, Lorenzo Tanzini.
(source: Nielsen Book Data)9781783272174 20180820
Green Library
pages cm.
Law Library (Crown)
x, 92 pages : illustrations (some color) ; 24 cm.
  • Introduction / Virginia Santamarina Campos, María de Miguel Molina, and Stephan Kröner
  • The drone sector in Europe / Blanca de Miguel Molina and Marival Segarra Oña
  • European Union policies and civil drones / Virginia Santamarina Campos
  • Spain-UK-Belgium comparative legal framework : civil drones for professional and commercial purposes / Miguel Rosa, Gavin O'Brien and Vadim Vermeiren
  • Legal and ethical recommendations / María de Miguel Molina and María Ángeles Carabal Montagud
  • Conclusions / Virginia Santamarina Campos and Stephan Kröner.
This open access book disseminates some of the results of the European H2020 AiRT Project (Technology transfer of RPAs for the creative industry). In particular, it presents findings related to mitigating safety and security concerns when civil drones are piloted by the service sector (mainly, the creative industry). European policies regarding drones generally focus on outdoor drones, but they are also used indoors. Moreover, a number of European countries have fragmented regulations on drone use, and as a result, European institutions are attempting address these issues. This work is based on a detailed study of the European policies, a comparative analysis of the regulation in various European countries, an analysis of the drone sector in Europe, and primary data from members of the creative industry. The authors created focus groups in Spain, the UK and Belgium in order to discuss with the creative industry the concerns on safety and security when using civil drones for their work. Based on these results, the book offers advice to the European industry, as well as new insights for academics and policymakers. This book is open access under a CC BY license.
(source: Nielsen Book Data)9783319710860 20180604
Law Library (Crown)
xxi, 215 pages : illustrations ; 25 cm.
Law Library (Crown)
370 pages : illustrations ; 25 cm
  • Introduction / Jeremy Grant
  • The takeover directive and judicial enforcement of shareholder rights in practice / Jülide A. Bredée, Charles Demoulin, Felix von Zwehl
  • Creeping acquisitions in Europe / Luca Enriques, Matteo Gatti
  • Convertible bonds and the best price rule : the Celesio case / Jeremy Grant, Tom Kirchmaier, Casimiro A. Nigro
  • Belgium / Philippe Remels, Paul Van Hooghten
  • Finland / Klaus R. Ilmonen
  • France / Sophie de Beer, Valérie Lemaitre
  • Germany / Jeremy Grant
  • Greece / Alexander S. Metallinos
  • Italy / Jeremy Grant, Gianluca Leotta
  • Luxembourg / Noémi Gémesi, Laurent Schummer
  • Netherlands / Christiaan de Brauw, Olivier Valk
  • Poland / Łukasz Gasiński, Jakub Zagrajek
  • Portugal / Bruno Ferreira
  • Spain / Alejandro Fernández de Araoz
  • Sweden / Patrik Marcelius, Thomas Wallinder
  • Switzerland / Pascal Hubli, Lorenzo Olgiati, Martin Weber
  • United Kingdom / Matthew Hamilton-Foyn, Simon Jay
  • United States / Jeremy Grant.
'European Takeovers' provides a complete guide to the European Takeover Directive, national M&A regulation and the interaction between domestic and pan-European regulation. It contains a detailed discussion of the fundamental principles of national and European law, its application and the various practical issues that companies and their advisers face as they plan, defend and execute takeovers. This second edition further explores the area following the partial harmonisation of takeover regulation within the European Union since the introduction of the European Takeover Directive and is an exhaustive reference source for anyone preparing, participating in and responding to takeover activity in the EU. In addition, US takeover law is examined in depth to provide a comparative perspective. This new edition will also prove to be an invaluable guide for students and academics studying this area of law. Written by leading legal and banking professionals, and academics from across Europe, 'European Takeovers' will help you navigate national takeover legislation and its implementation, and discusses recent ground-breaking and controversial takeovers from across the Continent.
(source: Nielsen Book Data)9781787421769 20181008
Law Library (Crown)
xv, 191 pages ; 25 cm.
  • Introduction
  • Freedom of expression and freedom of religion under the European Convention on Human Rights
  • Conflict of rights?
  • Religious hate speech and religious hate speech laws
  • Restrictions on freedom of expression to spare religious feelings
  • Alternative approaches to (religious) hate speech
  • Case in point : the prosecutions of Geert Wilders
  • Conclusion.
In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. Author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.
(source: Nielsen Book Data)9781138243811 20171017
Law Library (Crown)
xx, 445 pages ; 25 cm
  • European law and criminal justice / Roberto E. Kostoris
  • The protection of fundamental rights / Roberto E. Kostoris
  • The content of fundamental rights / Antonio Balsamo
  • History of cooperation / Anne Weyembergh
  • Vertical cooperation / Gaetano De Amicis and Roberto E. Kostoris
  • Horizontal cooperation / Gaetano De Amicis
  • The principle of mutual recognition / John R. Spencer
  • Personal freedom and surrender / Marta Bargis
  • Evidence gathering / Marcello Daniele and Ersilia Calvanese
  • Ne bis in idem and conflicts of jurisdiction / Pier Paolo Paulesu
  • Enforcement of judicial decisions / Pier Paolo Paulesu
  • Enforcement of confiscation orders / Ersilia Calvanese.
"This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European arrest warrant; but also the European investigation order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office."-- Back cover.
Law Library (Crown)
vi, 420 pages : illustrations ; 25 cm.
  • Introduction: Opportunities and challenges for electronic evidence / Maria Angela Biasiotti, Jeanne Pia Mifsud Bonnici, Joe Cannataci, and Fabrizio Turchi
  • Present and future of the exchange of electronic evidence in Europe / Maria Angela Biasiotti
  • E-evidence and access to data in the cloud results of the Cloud Evidence Group of the Cybercrime Convention Committee / Alexander Seger
  • The evolution of expressing and exchanging cyber-investigation information in a standardized form / Eoghan Casey, Sean Barnum, Ryan Griffith, Jonathan Snyder, Harm van Beek, and Alex Nelson
  • "All along the watchtower" : matters not yet solved regarding communication interception systems and electronic data retained on foreign servers / Francesco Cajani
  • Electronic evidence : challenges and opportunities for law enforcement / Sabine Berghs, Geoffrey Stewart Morrison, and Caroline Goemans-Dorny
  • International digital forensic investigation at the ICC / Ilyoung Hong
  • The online environment as a challenge for privacy and the suppression of crime / Daniel Drewer and Jan Ellermann
  • Electronic evidence in criminal trials : the use of PowerPoint presentations by prosecutors and attorneys in the courtroom / Xavier Tracol
  • The conceptual representation of the "electronic evidence" domain / Sveva Avveduto, Sara Conti, Daniela Luzi, and Lucio Pisacane
  • The European legal framework on electronic evidence : complex and in need of reform / Jeanne Pia Mifsud Bonnici, Melania Tudorica, and Joseph A. Cannataci
  • Digital forensic tools catalogue, a reference point for the forensic community / Mattia Epifani and Fabrizio Turchi
  • Privacy protection in exchanging electronic evidence in Europe / Nikolaus Forgó, Christian Hawellek, Friederike Knoke, and Jonathan Stoklas
  • Some societal factors impacting on the potentialities of electronic evidence / Daniele Mezzana
  • Standard for the electronic evidence exchange / Mattia Epifani and Fabrizio Turchi
  • Connecting the dots : a tale of giants and dwarfs, or how to manage, disseminate, network and present your research / Alexandra Tsvetkova
  • Systems for electronic evidence handling and exchange / Nikolaos Matskanis, Jean-Christophe Deprez, Fabrice Estievenart, and Christophe Ponsard
  • The way forward : a roadmap for the European Union / Maria Angela Biasiotti, Joseph A. Cannataci, Jeanne Pia Mifsud Bonnici, and Melania Tudorica.
This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications technology (ICT) has generated new forms of crimes or new ways of perpetrating them, as well as a new type of evidence. Contributing authors examine the legal framework in place in various EU member states when dealing with electronic evidence, with prominence given to data protection and privacy issues. Readers may learn about the state of the art tools and standards utilized for treating and exchanging evidence, and existing platforms and environments run by different Law Enforcement Agencies (LEAs) at local and central level. Readers will also discover the operational point of view of LEAs when dealing with electronic evidence, and their requirements and expectations for the future. Finally, readers may consider a proposal for realizing a unique legal framework for governing in a uniform and aligned way the treatment and cross border exchange of electronic evidence in Europe. The use, collection and exchange of electronic evidence in the European Union context and the rules, practises, operational guidelines, standards and tools utilized by LEAs, judges, Public prosecutors and other relevant stakeholders are all covered in this comprehensive work. It will appeal to researchers in both law and computer science, as well as those with an interest in privacy, digital forensics, electronic evidence, legal frameworks and law enforcement.
(source: Nielsen Book Data)9783319748719 20181008
Law Library (Crown)
viii, 268 pages ; 24 cm.
  • Measuring the unmeasurable? / Mátyás Bencze and Gar Yein Ng
  • Judging and the ethical life / Zenon Bánkowski
  • How to measure? An essay on the social context of measuring quality / Zoltán Fleck
  • Judicial reasoning from the perspective of behavioural law and economics / Mariusz Jerzy Golecki
  • Quality of justice and lay participation in the light of scientific studies / Attila Badó
  • Obstacles and opportunities
  • measuring the quality of judicial reasoning / Mátyás Bencze
  • Quality of judicial reasoning: England and Wales / Gar Yein Ng
  • Quality of justice and of judicial reasoning in italy / Francesco Contini
  • The quality of adjudication in France / Emmanuel Jeuland
  • Quality of legal decisions: the criteria established by the Finnish judiciary / Markku Kiikeri
  • The quality of justice and of judicial reasoning in the Czech Republic / Zdenek Kühn
  • Methods of quality assessment of judicial reasoning in Hungary / Ágnes Kovács, Mátyás Bencze, and Zsolt Ződi
  • Quality of reasoning in international criminal tribunals / Marjan Ajevski
  • The quality of decision-making at the Court of Justice of the European Union / Gerard Conway
  • Reflections on legal reasoning in the case law of the European Court of Human Rights / David Thor Björgvinsson.
Law Library (Crown)
xvi, 278 pages ; 25 cm.
  • Any alleged breach : the inter-state application under the ECHR
  • The inception and evolution of the inter-state application under the European Convention on Human Rights
  • International dispute settlement and collective enforcement functions of the inter-state application approached through comparison
  • The inter-state case-law under the European Convention on Human Rights : approaching the object and purpose of the inter-state application in practice
  • Reform considerations : the inter-state application between collective enforcement and dispute settlement.
The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court's growing inter-State docket evidences the need for legal certainty.
(source: Nielsen Book Data)9789004357259 20181001
Law Library (Crown)
xvii, 207 pages ; 25 cm
  • Introduction
  • Judicial dissent : what is it and why does it matter?
  • The decision-making process in constitutional courts
  • Judicial dissent in the common law tradition
  • Judicial dissent in the civil law tradition
  • Comparative reflections.
Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today's practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.
(source: Nielsen Book Data)9781472482235 20180423
Law Library (Crown)
xiv, 313 pages ; 25 cm
  • Preface / Lamberto Zannier
  • Introduction: Shaping language policies to promote stability / Bob Deen and William Romans
  • The HCNM approach to the promotion of the state/official language in various OSCE participating states / Laurenţiu Hadîrcă
  • To speak or not to speak : minority languages, the public administration and the enforcement of linguistic requirements / Iryna Ulasiuk and Laurenţiu Hadîrcă
  • Mind your own business : the Oslo recommendations and the linguistic rights of national minorities in economic life / Jennifer Croft
  • The intersection of language and religion in the context of national minorities / Asa Solway and Alessandro Rotta
  • HCNM recommendations on the use of minority languages in the broadcast media as a baseline for context-specific advice to participating states / Sarah Stephan and Dmitry Nurumov
  • The HCNM impact on minority and state language promotion and on the social integration of diverse societies through education : the cases of Kazakhstan and Kyrgyzstan / Atanasia Stoianova and Michael Angermann
  • Continued relevance of an 'Oslo' language policy in a changing world / Fernand de Varennes and Elżbieta Kuzborska
  • 'The borders of my language mean the borders of my world' : language rights and their evolving significance for minority rights and integration of societies / Francesco Palermo
  • Language rights in the work of the Advisory Committee / Petra Roter and Brigitta Busch
  • The right to display place names in regional or minority languages within the Council of Europe legal framework / Vesna Crnic-Grotic
  • Protection of linguistic rights of linguistic minorities in the UN context / Rita Izsak-Ndiaye
  • Language rights and the work of the European Union / Bruno De Witte
  • 'Taking Oslo online' : minority language policy & the internet / Jennifer Jackson-Preece
  • Language rights and duties for new minorities : integration through diversity governance / Joseph Marko and Roberta Medda-Windischer.
Language policy can promote stability. For many individuals and groups, language is a key component of identity, and threats to it can raise tensions. Respect for linguistic rights, whilst also considering a state's need to maintain cohesion, reduces conflict potential. The OSCE High Commissioner on National Minorities promotes functional solutions to such contentious issues, and the Oslo Recommendations regarding the Linguistic Rights of National Minorities address these challenges. This book analyses the components of a balanced legal and policy framework on language use, with a view to preventing conflict. In addition to reviewing the work of the OSCE HCNM in this area, it also draws upon the expertise of other international organisations and leading academics working in this field.
(source: Nielsen Book Data)9789004357747 20180910
Law Library (Crown)
xvii, 262 pages ; 24 cm
  • Introduction: Law, palliative care and dying : legal and ethical challenges
  • The development and practice of palliative care
  • Specialist palliative care and euthanasia : a legitimate distinction?
  • The human rights framework for palliative care
  • The legal framework for palliative care in the United Kingdom and Ireland
  • The legal framework for palliative care in the Netherlands
  • The legal framework for palliative care in France
  • Conclusion: Law, palliative care and dying.
Law, Palliative Care and Dying critically examines the role of the legal framework in shaping the boundaries of palliative care practice. The work underlines the importance of a distinct legal framework for specialist palliative care which can provide clarity for both the healthcare professional and the patient. It examines the legal and ethical justifications for specialist palliative care practices and, in doing so, it questions the legitimacy of the distinction between euthanasia and practices such as palliative sedation. Moreover, this work discusses the influence of a human rights discourse on palliative care and examines the contribution of autonomy, dignity, and the right to palliative care. This book includes detailed comparative research on several European jurisdictions. The jurisdictions illustrate varied approaches to palliative care regulation and promotion. In this manner, the role of professional guidelines and legislation are drawn out and common themes in the regulation of palliative care emerge.
(source: Nielsen Book Data)9781351716727 20180730
Law Library (Crown)