Liverpool Law Review最新文献_第9页

Mark Swatek-Evenstein: A History of Humanitarian Intervention 马克·斯瓦特克-埃文斯坦:《人道主义干预史

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Liverpool Law Review Pub Date : 2021-01-12 DOI: 10.1007/s10991-020-09271-y

G. Wilson

引用次数: 0

How do Rights Become Probable in the Global Context? 权利如何在全球背景下成为可能?

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Liverpool Law Review Pub Date : 2021-01-12 DOI: 10.1007/s10991-020-09274-9

R. Pacheco-Reyes

引用次数: 1

Insularity and Law: Diversity and Changeability of Islands’ Statuses—The Example of French Outermost Regions in French and EU Law Systems 孤岛与法律:岛屿地位的多样性与可变性——以法国和欧盟法律体系中的法国最外围地区为例

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Liverpool Law Review Pub Date : 2021-01-08 DOI: 10.1007/s10991-020-09263-y

D. Perrot

引用次数: 1

Party Autonomy in the Choice of Law: Some Insights from Australia. 法律选择中的当事人自治：来自澳大利亚的启示。

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Liverpool Law Review Pub Date : 2021-01-01 Epub Date: 2021-03-03 DOI: 10.1007/s10991-021-09278-z

Sagi Peari, Saloni Khanderia

引用次数: 0

Canada and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): Lessons Learned on Implementation and Compliance. 加拿大与《濒危野生动植物种国际贸易公约》(CITES):关于执行和遵守的经验教训。

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Liverpool Law Review Pub Date : 2021-01-01 Epub Date: 2020-10-07 DOI: 10.1007/s10991-020-09267-8

Tanya Wyatt

{"title":"Canada and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): Lessons Learned on Implementation and Compliance.","authors":"Tanya Wyatt","doi":"10.1007/s10991-020-09267-8","DOIUrl":"https://doi.org/10.1007/s10991-020-09267-8","url":null,"abstract":"Unsustainable and illegal wildlife trade are contributing to the unprecedented levels of biodiversity loss and possible extinction of one million species. Law enforcement and the criminal justice system have a role to play in helping to regulate and monitor such trade. The main international instrument to regulate wildlife trade is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This mixed methods study researched the lessons learned and best practice in regards to implementation of and compliance with CITES. As part of the study, three countries were identified as case studies and Canada was selected as one of these. Lessons can also be learned from Canada's Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, which is cumbersome to update when species protections change within CITES. Canada has several elements of good practice, such as the remit, effectiveness and relationships of the three CITES authorities located within Environment and Climate Change Canada, the public health approach to some wildlife imports, and the protection of native CITES species. CITES needs to be improved to further protect endangered species and lessons from Canada and other countries can contribute to this improvement.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"42 2","pages":"143-159"},"PeriodicalIF":1.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s10991-020-09267-8","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38480027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Are Fish Wild? 鱼是野生的吗?

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Liverpool Law Review Pub Date : 2021-01-01 Epub Date: 2021-07-12 DOI: 10.1007/s10991-021-09285-0

Tanya Wyatt, Kim Friedman, Alison Hutchinson

引用次数: 1

A 'Life-Style Choice' or a Philosophical Belief?: The Argument for Veganism and Vegetarianism to be a Protected Philosophical Belief and the Position in England and Wales. “生活方式的选择”还是哲学信仰?:纯素食主义和纯素食主义作为一种受保护的哲学信仰的争论及其在英格兰和威尔士的地位。

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Liverpool Law Review Pub Date : 2021-01-01 Epub Date: 2021-01-16 DOI: 10.1007/s10991-020-09273-w

Paul McKeown, Rachel Ann Dunn

{"title":"A 'Life-Style Choice' or a Philosophical Belief?: The Argument for Veganism and Vegetarianism to be a Protected Philosophical Belief and the Position in England and Wales.","authors":"Paul McKeown, Rachel Ann Dunn","doi":"10.1007/s10991-020-09273-w","DOIUrl":"https://doi.org/10.1007/s10991-020-09273-w","url":null,"abstract":"The recent judgment in Casamitjana Costa v The League Against Cruel Sports in England and Wales held that ethical veganism was a protected philosophical belief under employment law. In contrast, vegetarianism was found not to be a protected philosophical belief in Conisbee v Crossley Farms Limited and others. The authors argue that the Employment Tribunal misunderstood the notion of vegetarianism when deciding that it was a 'life-style choice'. There are different kinds of vegans and vegetarians, each with their own way of practising the philosophy which influences how they live their life. Not all people who follow a meat-free diet should be afforded this protection, and it depends on whether their belief is one which is determined by certain factors, such as animal welfare and environmentalism, rather than for health purposes. The authors explore the arguments and analysis in the above employment cases, coming to the conclusion that the tribunals oversimplified what it means to hold values such as veganism and vegetarianism, failing to understand the differences between different classifications and sub-groups when coming to a decision. The different kinds of vegans and vegetarians and their characteristics are outlined, before determining whether this should constitute protection under employment law, protecting individuals from discrimination. The situation in the USA and Canada regarding this issue is very different, and there are parallels drawn with attempting to establish veganism or vegetarianism as a religion, and where they could benefit from the recent decision in England and Wales. Finally, this paper concludes that ethical and environmental veganism and vegetarianism should both qualify as protected philosophical beliefs, but other kinds may fall short of what is required to satisfy the requirements under law.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"42 2","pages":"207-241"},"PeriodicalIF":1.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s10991-020-09273-w","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38854467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Comparing the laws of England, Wales and Italy Relating to the Unilateral Modification for the Terms of Operational Contract during the COVID-19 Pandemic. 比较英格兰、威尔士和意大利在新冠肺炎疫情期间单方面修改业务合同条款的法律。

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Liverpool Law Review Pub Date : 2021-01-01 Epub Date: 2021-06-05 DOI: 10.1007/s10991-021-09283-2

Bandar Sharar

{"title":"Comparing the laws of England, Wales and Italy Relating to the Unilateral Modification for the Terms of Operational Contract during the COVID-19 Pandemic.","authors":"Bandar Sharar","doi":"10.1007/s10991-021-09283-2","DOIUrl":"https://doi.org/10.1007/s10991-021-09283-2","url":null,"abstract":"The study compares the mechanisms through which employers in England, Wales and Italy may be legally entitled to unilaterally vary the terms of their employment contracts due to the coronavirus pandemic and developing a taxonomy, through which a meaningful side-by-side comparison of these very different jurisdictions can be constructed. To attain the core purpose of this research, the study relied on the comparative legal research method. Despite the fundamental differences between the employment law regimes of the three countries; the mechanisms through which employers from these jurisdictions can vary the terms of their employment relationships in response to COVID-19 fall into one of these categories, force majeure mechanisms; flexibility mechanisms; hardship mechanisms or mechanisms facilitating bilateral variations tantamount to unilateral variations. The study concluded that there are fundamental differences between the employment law regimes that operate respectively in England and Wales and in Italy. England and Wales is a common law jurisdiction, whereas Italy is a civil law jurisdiction; Italy's labour market is significantly more tightly regulated than England's; in England and Wales, the employment contract regulates the employment relationship, whereas in Italy the individual employment.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":" ","pages":"465-483"},"PeriodicalIF":1.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s10991-021-09283-2","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39079839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Geographical Connections: Law, Islands, and Remoteness 地理联系:法律、岛屿和偏远

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Liverpool Law Review Pub Date : 2020-10-15 DOI: 10.1007/s10991-020-09259-8

M. Nicolini, T. Perrin

引用次数: 1

Balancing International Police Cooperation: INTERPOL and the Undesirable Trade-off Between Rights of Individuals and Global Security 平衡国际警察合作:国际刑警组织与个人权利与全球安全之间的不良权衡

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Liverpool Law Review Pub Date : 2020-10-04 DOI: 10.1007/s10991-020-09266-9

Giulio Calcara

引用次数: 2