Compensating Asbestos Victims

Author: Andrea Boggio
Publisher: Routledge
ISBN: 1317162935
Format: PDF, ePub
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This book traces the emergence and transformations of asbestos compensation to explore the wider issue of to what extent legal systems have converged in the era of globalization. Examining the mechanism by which asbestos compensation is delivered in Belgium, England, Italy and the United States, as well as the cultural forces and actors which contribute to its emergence and transformations, the book advances our understanding of how law operates within cultural norms, routines, and institutional relations of capitalist societies. With material gathered from 50 interviews and from primary and secondary sources, the author considers law as a cultural phenomenon, national styles of legal culture and the convergence and divergence of legal cultures, and law as a form of institutionalized power.

Liability of Corporate Groups and Networks

Author: Christian A. Witting
Publisher: Cambridge University Press
ISBN: 1108654363
Format: PDF, Kindle
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What happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals. After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities. New proposals are put for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules.

Comparative Law

Author: Mathias Siems
Publisher: Cambridge University Press
ISBN: 1316863700
Format: PDF, ePub, Mobi
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Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.

Environmental Principles and the Evolution of Environmental Law

Author: Eloise Scotford
Publisher: Bloomsbury Publishing
ISBN: 1782252908
Format: PDF
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Environmental principles – from the polluter pays and precautionary principles to the principles of integration and sustainability – proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.

Management of Health Risks from Environment and Food

Author: Hajime Sato
Publisher: Springer Science & Business Media
ISBN: 9789048130283
Format: PDF, Docs
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This book examines the policy and politics of two health risks, which have recently become prominent social issues in many countries. One is the issue of asbestos as an environmental risk to humans, and another is that of bovine spongiform encephalitis (BSE), or mad cow disease as an animal disease, and of its variant Creutzfeldt-Jakob disease (CJD) as a human food risk. Employing a set of analytical frameworks in political science, each case study explores how the issues emerged, agendas got set, alternatives were chosen, and policies were implemented. Through the analysis, it is examined how safety and public reassurance were pursued in the countries studied (Japan, the UK, France the USA, and Korea). Exploration of the successes and failures in their efforts discloses the key elements to successful health risk management.

Fast Food Nation

Author: Eric Schlosser
Publisher: Houghton Mifflin Harcourt
ISBN: 0547750331
Format: PDF, Kindle
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Explores the homogenization of American culture and the impact of the fast food industry on modern-day health, economy, politics, popular culture, entertainment, and food production.

Defending the Indefensible

Author: Jock McCulloch
Publisher: OUP Oxford
ISBN: 0191560081
Format: PDF, ePub
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In the early twentieth century, asbestos had a reputation as a lifesaver. In 1960, however, it became known that even relatively brief exposure to asbestos can cause mesothelioma, a virulent and lethal cancer. Yet the bulk of the world's asbestos was mined after 1960. Asbestos usage in many countries continued unabated. This is the first global history of how the asbestos industry and its allies in government, insurance, and medicine defended the product throughout the twentieth century. It explains how mining and manufacture could continue despite overwhelming medical evidence as to the risks. The argument advanced in this book is that asbestos has proved so enduring because the industry was able to mount a successful defense strategy for the mineral - a strategy that still operates in some parts of the world. This defence involved the shaping of the public debate by censoring, and sometimes corrupting, scientific research, nurturing scientific uncertainty, and using allies in government, insurance, and medicine. The book also discusses the problems of asbestos in the environment, compensating victims, and the continued use of asbestos in the developing world. Its global focus shows how asbestos can be seen as a model for many occupational diseases - indeed for a whole range of hazards produced by industrial societies. The book is based on a wealth of documentary material gained from legal discovery, supplemented by evidence from the authors' visits and researches in the US, the UK, Canada, Kazakhstan, Zimbabwe, Australia, Swaziland, and South Africa.

Plunder

Author: Ugo Mattei
Publisher: John Wiley & Sons
ISBN: 0470695803
Format: PDF, ePub
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Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?