Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.

"Now that economic development is starting to pick up in many countries in Africa, the question arises how such development can be balanced with the need for adequate environmental protection. This crucial issue, inherent in the notion of sustainable development, is addressed in this innovative and path-breaking volume. For the first time, academics from seventeen African countries have joined forces to analyse the way in which economic and environmental interests are balanced in their legal systems. The authors all use a common framework to improve the comparability of the country studies. The different country-related chapters do not only provide insights into the formally applicable legal rules (law in the books), but given that the book brings together academics aware of the practice in Africa, they also describe the way in which environmental policy functions in practice (law in action). Many case studies, with conceptual analyses are provided of pollution incidents and the way in which administrative agencies or courts have on those occasions balanced the interests between the economy, society and the environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy reform are also formulated, showing African countries how they can benefit from experiences in the US and Europe. This thought provoking volume is a must for anyone (academic, policymaker or practitioner) interested in sustainable development generally and in Africa in particular."--P. [4] of cover.

Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.

Foreign investments in the energy sector raise formidable legal questions, often requiring a delicate balance between private and public interests of the various stakeholders. Foreign Investment in the Energy Sector: Balancing Private and Public Interests opens with a discussion of the legal protection of foreign investment in the main segments of the energy sector (namely oil, gas, mining and hydroelectric industry), both in substantive and procedural terms. This second part of the book focuses on the Energy Charter Treaty, by far the most important international legal instrument in the energy sector, and its future after the decision of the Russian Federation not to ratify it. In its third part, the book examines four critical areas that are often negatively concerned by economic activities by multinational in the energy sector, namely compliance with safety and labour standards, protection of the environment, respect of indigenous peoples rights, and protection of public health. Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.

Including chapters from some of the leading experts in the field this Handbook provides a full overview of the nature and challenges of modern diplomacy and includes a tour d'horizon of the key ways in which the theory and practice of modern diplomacy are evolving in the 21st Century.

In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and ‘situationalizing’ competing human rights and public interests in situations involving possible official corruption.

What do we value? Why do we value it? And in a neoliberal age, can morality ever displace money as the primary means of defining value? These are the questions that drove David Foster Wallace, a writer widely credited with changing the face of contemporary fiction and moving it beyond an emotionless postmodern irony. Jeffrey Severs argues in David Foster Wallace's Balancing Books that Wallace was also deeply engaged with the social, political, and economic issues of the twentieth and twenty-first centuries. A rebellious economic thinker, Wallace satirized the deforming effects of money, questioned the logic of the monetary system, and saw the world through the lens of value's many hidden and untapped meanings. In original readings of all of Wallace's fiction, from The Broom of the System and Infinite Jest to his story collections and The Pale King, Severs reveals Wallace to be a thoroughly political writer whose works provide an often surreal history of financial crises and economic policies. As Severs demonstrates, the concept of value occupied the intersection of Wallace's major interests: economics, work, metaphysics, mathematics, and morality. Severs ranges from the Great Depression and the New Deal to the realms of finance, insurance, and taxation to detail Wallace's quest for balance and grace in a world of excess and entropy. Wallace showed characters struggling to place two feet on the ground and restlessly sought to "balance the books" of a chaotic culture. Explaining why Wallace's work has galvanized a new phase in contemporary global literature, Severs draws connections to key Wallace forerunners Don DeLillo, Thomas Pynchon, and William Gaddis, as well as his successors—including Dave Eggers, Teddy Wayne, Jonathan Lethem, and Zadie Smith—interpreting Wallace's legacy in terms of finance, the gift, and office life.