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The Withdrawal of Rights

The Withdrawal of Rights
Author: O. Ezra
Publisher: Springer Science & Business Media
Total Pages: 316
Release: 2002-09-30
Genre: Law
ISBN: 9781402008863

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Like most discussions within the tradition of rights-talk, this study is motivated by the desire to promote the idea that rights are moral assets that people should acquire in the course of their membership within social and political frameworks. However, while most participants in rights-talk concentrate on the safety and protection constraints required for a successful exercising of rights, the present study inquires into the circumstances under which people's rights lose their validity. The author believes that if we want to prevent the erosion of the role of rights within society and to encourage their obligatory status, we should prevent their misuse, or their unjustified or excessive use. Those who have interests in rights, and are concerned about their withdrawal or denial, will find a unique and inventive way of dealing both with the use, as well as the abuse of rights.


The Withdrawal of Rights

The Withdrawal of Rights
Author: O. Ezra
Publisher:
Total Pages: 308
Release: 2014-01-15
Genre:
ISBN: 9789401735018

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The Withdrawal of Rights

The Withdrawal of Rights
Author: O. Ezra
Publisher: Springer Science & Business Media
Total Pages: 316
Release: 2013-06-29
Genre: Philosophy
ISBN: 940173500X

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Like most discussions within the tradition of rights-talk, this study is motivated by the desire to promote the idea that rights are moral assets that people should acquire in the course of their membership within social and political frameworks. However, while most participants in rights-talk concentrate on the safety and protection constraints required for a successful exercising of rights, the present study inquires into the circumstances under which people's rights lose their validity. The author believes that if we want to prevent the erosion of the role of rights within society and to encourage their obligatory status, we should prevent their misuse, or their unjustified or excessive use. Those who have interests in rights, and are concerned about their withdrawal or denial, will find a unique and inventive way of dealing both with the use, as well as the abuse of rights.


Withdrawal from Multilateral Treaties

Withdrawal from Multilateral Treaties
Author: Antonio Morelli
Publisher: BRILL
Total Pages: 291
Release: 2021-10-05
Genre: Law
ISBN: 9004467645

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Withdrawal from Multilateral Treaties is the first comprehensive and systematic legal analysis of withdrawal. It examines the political and legal framework around treaty making to explain how withdrawal evolved over time and suggests ways to improve conditions for orderly withdrawal.


The Withdrawal of Rights

The Withdrawal of Rights
Author: Ovadia Ezra
Publisher:
Total Pages: 580
Release: 1998
Genre:
ISBN:

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The Law, Politics and Theory of Treaty Withdrawal

The Law, Politics and Theory of Treaty Withdrawal
Author: Frederick Cowell
Publisher: Bloomsbury Publishing
Total Pages: 325
Release: 2023-11-16
Genre: Law
ISBN: 1509938575

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This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law – a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.


The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law
Author: Anthony Arnull
Publisher: Oxford University Press
Total Pages: 950
Release: 2015-07-23
Genre: Law
ISBN: 0191653055

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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.


The UK's Withdrawal from the EU

The UK's Withdrawal from the EU
Author: Michael Dougan
Publisher: Oxford University Press
Total Pages: 401
Release: 2021
Genre: Law
ISBN: 0198833474

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"Following a national referendum on 23 June 2016, the UK announced its intention to end its decades-long membership of the EU. That decision initiated a process of complex negotiations, governed by Article 50 of the Treaty on European Union, with a view to making the arrangements required for an "orderly Brexit". This book explores the UK's departure from the EU from a legal perspective. As well as analysing the various constitutional principles relevant to "EU withdrawal law", and detailing the main issues and problems arising during the Brexit process itself, the book provides a critical analysis of the final EU-UK Withdrawal Agreement - including dedicated chapters on the future protection of citizens' rights, the border between Ireland and Northern Ireland, and the prospects for future EU-UK relations in fields such as trade and security"--


Why Withdrawal Rights?

Why Withdrawal Rights?
Author: Horst Eidenmueller
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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Almost every legal system accepts the fundamental principle that promises must be kept (“pacta sunt servanda”). Yet, a consumer's right to withdraw from a contract for the purchase goods or services (“withdrawal right”) figures prominently in European consumer law directives, in the ACQP and in the DCFR. Withdrawal rights imply a significant weakening of the fundamental principle pacta sunt servanda. However, the popular invocation of withdrawal rights is not rooted in a thorough analysis of the purposes such rights might fulfill. This article attempts to provide such an analysis by posing the central normative question: “Why Withdrawal Rights?”. It uses the tools of (behavioral) economics to identify three situational categories in which granting a withdrawal right may be justified: information asymmetries at the time of contract formation, exogenous distortions of the consumer's preferences and endogenous distortions. The article also seeks to assess the effectiveness of withdrawal rights in achieving their stated objectives. It contains specific policy recommendations with respect to the mode in which withdrawal rights should be granted, if they are granted at all (i.e. mandatory versus optional, etc.).


Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)

Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)
Author: Stefan Vogenauer
Publisher: Oxford University Press, USA
Total Pages: 1560
Release: 2009
Genre: Law
ISBN:

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This volume on the UNIDROIT principles of international commercial contracts provides quick access to all case law and legal literature for specific problems, paired with in-depth scholarly analysis.