Common law

About: Common law is a research topic. Over the lifetime, 30135 publications have been published within this topic receiving 280701 citations. The topic is also known as: judicial precedent & judge-made law.

The Law of International Responsibility

Abstract: The law of international responsibility plays a fundamental role in the modern system of international law, surpassed by none and paralleled only by the law of treaties. The volume seeks to cover the entirety of the field of international responsibility, with a particular focus on the work of the International Law Commission. It provides detailed discussion and analysis of the historically predominant topics of State responsibility, on which the ILC completed its work in 2001, and the specific sub-topic of diplomatic protection, work on which was completed by the ILC in 2006. However, it also covers both the topic of responsibility of international organizations, on which the ILC's work is ongoing (a set of draft Articles having been adopted on first reading in 2009), and that of liability for harmful activities not prohibited under international law on which the ILC adopted drafts in 2001 and 2006.

Corporations and Transnational Human Rights Litigation

Abstract: Since the mid-1980s,beginning with the unsuccessful Union Carbide litigation in the USA, litigants have been exploring ways of holding multinational corporations [MNCs] liable for offshore human rights abuses in the courts of the companies' home States. The highest profile cases have been the human rights claims brought against MNCs (such as Unocal, Shell, Rio Tinto, Coca Cola, and Talisman) under the Alien Tort Claims Act in the United States. Such claims also raise issues under customary international law (which may be directly applicable in US federal law) and the Racketeer Influenced and Corrupt Organizations [RICO] statute. Another legal front is found in the USA, England and Australia, where courts have become more willing to exercise jurisdiction over transnational common law tort claims against home corporations. Futhermore, a corporation's human rights practices were indirectly targeted under trade practices law in groundbreaking litigation in California against sportsgoods manufacturer Nike. This new study examines these developments and the procedural arguments (eg regarding personal jurisdiction and especially forum non conveniens) which have been used to block litigation, as well as the principles which can be gleaned from cases which have settled. The analysis is important for human rights victims in order to know the boundaries of possible available legal redress. It is also important for MNCs, which must now take human rights into account in managing the legal risks (as well as moral and reputation risks) associated with offshore projects.

In the Shadow of Prison: Families, Imprisonment and Criminal Justice

Abstract: This book provides an up-to-date, accessible introduction to the relationship between families, prisons and penal policies in the United Kingdom. It explores current debates in relation to prisoners and their families, and introduces the reader to relevant theoretical approaches. Interdisciplinary in nature, the book incorporates perspectives drawn from criminology, sociology, social work and law. The book includes: a current exploration of key aspects of the consequences of imprisonment for prisoners and their families an assessment of the role of current prison policies and practices in promoting and maintaining family relationships a summary of the current law in relation to prisoners and their families, with reference to the relevant legislation and recent case law.

International Law: Politics and Values

Abstract: Preface. Introduction. Part I: International law and the inter-State system. I. States and the State system. II. Making international law in a State system: autonomy and consent. III. Compliance with international law in an inter-State system. IV. International law and domestic law. V. States and the commonage: the seas and others. Part II: Law and the values of the State system: State values and human values. VI. Law and the values of the State system. VII. Non-intervention and the use of force between States. VIII. Law and force: intervention in internal strife. IX. International law and inter-State economic relations. X. State values and other values: human rights. XI. Human rights standards and their 'generations'. XII. To respect and ensure: inducing compliance with human rights law. Part III: From concept to function. XIII. State autonomy and jurisdiction to prescribe. XIV. Adjudication and enforcement: concepts and functions. Part IV: International law in the next century. XV. Politics, values and functions at the turn of the century. Notes. Bibliography. Index.