Changing Canadian history: the life and works of Olive Patricia Dickason by
For six decades, Olive Dickason was a remarkable contributor to Canadian public life. An award-winning journalist, influential academic, and respected human rights advocate, her life was a triumph over seemingly impossible obstacles. These many impediments include having a childhood marked by poverty; being forced, as a single working mother, to place her three daughters in foster care for several years; working as a female journalist in the sexist, “Mad Men” era of the 1950s and ‘60s; giving up a successful journalism career to obtain a doctorate in Indigenous history; arguing successfully with the university establishment on whether or not Indigenous peoples had history; and taking her fight against mandatory retirement all the way to the Supreme Court. Olive Dickason faced these challenges with determination and dignity and was an inspiration for all who knew her. Changing Canadian History: The Life and Works of Olive Patricia Dickason is the first full-length biography of this trailblazing icon who forever changed how Indigenous history is viewed in Canada.
Crimes of the powerful : white-collar crime and beyond by
"As politicians and the media perpetuate the stereotype of the "common criminal," crimes committed by the powerful remain for the most part invisible or are reframed as a "bad decision" or a "rare mistake." This is a topic that remains marginalized within the field of criminology and criminal justice, yet crimes of the powerful cause more harm, perpetuate more inequalities, and result in more victimization than street crimes. Crimes of the Powerful: Beyond White Collar Crime is the first textbook to bring together and show the symbiotic relationships between the related fields of state crime, white-collar crime, corporate crime, financial crime and organized crime, and environmental crime. Dawn L. Rothe and David Kauzlarich introduce the many types of crimes, their theoretical relevance, and issues surrounding regulations and social controls for crimes of the powerful. Themes covered include: media, culture, and the Hollywoodization of crimes of the powerful; theoretical understanding and the study of the crimes of the powerful; typology of crimes of the powerful with examples and case studies; victims of the crimes of the powerful; the regulation and resistance of elite crime. Fully updated and revised, the new edition includes new chapters on occupational crime, crimes against the environment, and further coverage of representations of resistance to crimes of the powerful in popular culture. An ideal introductory text for both undergraduate and postgraduate students taking modules on the crimes of the powerful, white-collar crime, state crime, and green criminology, this text includes chapter summaries, activities and discussion questions, and lists of additional resources including films, websites, regulatory agencies and additional readings"
Democracy under God by
State recognition of Islam in Muslim countries invites fierce debate from scholars and politicians alike, some of whom assume an inherent conflict between Islam and liberal democracy. Analyzing case studies and empirical data from several Muslim-majority countries, Ahmed and Abbasi find, counterintuitively, that in many Muslim countries, constitutional recognition of Islam often occurs during moments of democratization. Indeed, the insertion of Islam in a constitution is frequently accompanied by an expansion, not a reduction, in constitutional human rights, with case law from higher courts in Egypt and Pakistan demonstrating that potential tensions between the constitutional pursuit of human rights, liberal democracy and Islam are capable of judicial resolution. The authors also argue that colonial history was pivotal in determining whether a country adopted the constitutional path of Islam or secularism partly explaining why Islam in constitutional politics survived and became more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.
Executions by
A fascinating record of how London and Londoners were shaped by nearly 700 years of public executions.More frequent in London than in any other city or town in Britain, these morbid spectacles often attracted tens of thousands of onlookers at locations across the capital and were a major part of Londoners' lives for centuries. From Smithfield to Kennington, Tyburn to Newgate Prison, public executions became embedded in London's landscape and people's lives. Even today, hints of this dark chapter in London's history can still be seen across the city.Featuring the lives and legacies of those who died or who witnessed public executions first hand from 1196 to 1868, this book tells the rarely told and often tragic human stories behind these events. It includes a range of fascinating objects, paintings and documents, many from the Museum of London's collections, such as the vest said to have been worn by King Charles I when he was executed, portraits of 'celebrity criminals', and last letters of the condemned. From the sites of execution to the thriving 'gallows' economy, the book reveals the role that Londoners played as both spectators and participants in this most public demonstration of state power over the life and death of its citizens.
Hart, Fuller, and everything after : the politics of legal theory by
More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely.
A Historical Introduction to English Law by
There are some stories that need to be told anew to every generation. This book tells one such story. It explores the historical origins of the common law and explains why that story needs to be understood by all who study or come into contact with English law. The book functions as the prequel to what students learn during their law degrees or for the SQE. It can be read in preparation for, or as part of, modules introducing the study of English law or as a starting point for specialist modules on legal history or aspects of legal history. This book will not only help students understand and contextualise their study of the current law but it will also show them that the options they have to change the law are greater than they might assume from just studying the current law.
Indigenous Justice and Gender by
This new volume offers a broad overview of topics pertaining to gender-related health, violence, and healing. Employing a strength-based approach (as opposed to a deficit model), the chapters address the resiliency of Indigenous women and two-spirit people in the face of colonial violence and structural racism. The book centers the concept of "rematriation"--the concerted effort to place power, peace, and decision making back into the female space, land, body, and sovereignty--as a decolonial practice to combat injustice. Chapters include such topics as reproductive health, diabetes, missing and murdered Indigenous women, Indigenous women in the academy, and Indigenous women and food sovereignty. As part of the Indigenous Justice series, this book provides an overview of the topic, geared toward undergraduate and graduate classes. Contributors Alisse Ali-Joseph Michèle Companion Mary Jo Tippeconnic Fox Brooke de Heer Lomayumtewa K. Ishii Karen Jarratt-Snider Lynn C. Jones Anne Luna-Gordinier Kelly McCue Marianne O. Nielsen Linda M. Robyn Melinda S. Smith Jamie Wilson
Mapping Paths to Family Justice by
The family justice system in England and Wales has undergone radical change over the past 20 years. A significant part of this shifting landscape has been an increasing emphasis on settling private family disputes out of court, which has been embraced by policy-makers, judges and practitioners alike and is promoted as an unqualified good. Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times examines the experiences of people taking part in out-of-court family dispute resolution in England and Wales. It addresses questions such as how participants' experiences match up to the ideal; how recent changes to the legal system have affected people's ability to access out-of-court dispute resolution; and what kind of outcomes are achieved in family dispute resolution. This book is the first study systematically to compare different forms of family dispute resolution. It explores people's experiences of solicitor negotiations, mediation and collaborative law empirically by analyzing findings from a nationally representative survey, individual in-depth interviews with parties and practitioners, and recorded family dispute resolution processes. It considers these in the context of ongoing neoliberal reforms to the family justice system, drawing out conclusions and implications for policy and practice.
Advanced Introduction to Contract Law and Theory by
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This comprehensive Advanced Introduction provides an overview of contract law and contemporary contract theory. Demonstrating that an understanding of theory and policy is a vital aspect of being an effective practicing lawyer, Brian H. Bix explores the various theoretical approaches which can best explain and justify contract law, arguing for greater critical attention to the connections between contract law theory, practice, and teaching. Key Features: Concise and accessible format Combines analysis of contract doctrine and theory Includes detailed Restatement, UCC and case references Analyses the strengths and weakness of a variety of theoretical approaches Examines contract law formation, interpretation, performance, the right of duties of third persons, and remedies The Advanced Introduction to Contract Law and Theorywill be an invaluable resource for students wanting to understand contract law and its theoretical underpinnings. It will also prove an essential guide for scholars seeking an authoritative guide to current doctrine and debates in the field of contract law.
Advanced Introduction to U. S. Disability Law by
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Advanced Introduction to U.S. Disability Lawprovides a timely and accessible overview of disability law in the United States, focusing primarily on the Americans with Disabilities Act of 1990 (the 'ADA'). Peter Blanck addresses the social and legislative history leading up to the development of the ADA; coverage and remedies under the ADA's three main titles; some of the fundamental and recent cases informing the ADA's interpretation; and current issues facing U.S. courts, law makers, and policy makers. Key Features: Provides an overview of Titles I-III of the ADA Discusses the enforcement of, and relief provided by, the ADA Analyses the impact of the Covid-19 pandemic on people with disabilities and on the ADA's enforcement Highlights concerns as well as positive legal and social developments for people with disabilities Focuses on extensive changes in technology and the employment market since the enactment of the ADA This Advanced Introduction will be essential reading for students and scholars of disability law, discrimination law, health law, human rights, and law and society. It will also be beneficial for advocates for disability rights in public and private institutions, as well as researchers addressing disability issues.
The Brussels I-BIS Regulation by
The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application. With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements. Key Features: A focus on the interpretation and practical application of the Regulation Detailed analysis of the case law and jurisprudence Highlights both deficiencies and potential improvements Written by leading scholars in EU and Private International Law The Brussels I-bis Regulationis an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law.
Constitutional Crises and Regionalism by
This insightful book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law. Adopting a pragmatic view of regional identity as constantly changing and creating a mistrust of rule by 'others', Breda explores a wide range of case studies, including Hong Kong, Northern Ireland and Quebec, where nationalism and political violence have led to state actions becoming discredited. Particular attention is paid to those concerned with the lingering effects of a colonial past in China. The book demonstrates that constitutional law projects visions of what a society is and wants to be, and argues that less hegemonic perspectives increase the likelihood of cooperation, leading to better outcomes for all citizens. The book will be an informative read for academics and students in comparative public law political scientists, and sociologists interested in nationalism and democracy. It will also aid policy-makers seeking to design stable, effective and inclusive constitutions.
Cybercrime During the SARS-CoV-2 Pandemic by
The SARS-CoV-2 pandemic has had an undeniable impact on cybercrime. The initial crisis quickly became a global catastrophe with multiple consequences in economics, health, and political and social fields. This book explores how this global emergency has influenced cybercrime. Indeed, since feeding off new vulnerabilities, thanks to the effects of the pandemic crisis in various states around the world, cybercrime has increased and evolved. In 2020, the world was already dealing with numerous tensions and the effects of the global crisis have therefore only tended to exacerbate the issues that relate to cybercrime. For example, radicalization and identity theft has found an environment in which they thrive: the Internet. Criminals have been able to adapt their modus operandi, their targets and their attack vectors. However, on the plus side, the response of law enforcement and public authorities, in terms of the legal, policing and policy side of cybercrime, has also been adapted in order to better combat the increase in this phenomenon.
Dispute Settlement and the Reform of International Investment Law by
The reform of the Investor-State Dispute Settlement (ISDS) mechanism has become one of the more controversial issues in the study of international investment law. This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime. Providing a fresh, interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both "institutional" and "internal" limitations. Chapters investigate the notion of legalization in the context of international investment law, the limitations of adjudicative bodies in advancing the legitimacy of international law, and the relationship between the level of shared understandings and choices of institutionalization. Based on comparative studies of international regimes, this book cautions against radically institutionalizing the dispute settlement regime through the establishment of the multilateral investment court. The novel perspectives presented in this book will be of interest to scholars and researchers in arbitration and dispute resolution, international economic law, and investment law. It will also be beneficial to legal experts in international organizations working on the reform of ISDS and investment law.
EU Values Before the Court of Justice by
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.
Founding a Global Human Rights Culture for Trade Marks by
This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed. The book develops an original approach that enables policy-makers to realise these rights, advocating for the development of a global human rights culture for trade marks. Using diverse examples from Australia, Uruguay, Europe, the United States and Kenya, Genevieve Wilkinson explores how trade mark protection can both promote and restrict human rights. Focusing on three detailed case studies - tobacco plain packaging, anti-counterfeiting measures and contrary marks - the book translates emerging human rights frameworks for health into a human rights framework for trade marks. It calls for greater attention to how trade marks can impact economic, social and cultural rights and proposes new ways to detect counterfeit trade marked goods. Providing an innovative solution to an often overlooked problem, this book will be an invaluable guide for policy-makers and academics interested in human rights and intellectual property, and activists seeking to address conflicts between trade mark law and human rights law.
The Harmonisation of Transaction Avoidance in the EU by
This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations. Combining a private international law approach with substantive rules of transaction avoidance to improve the EU insolvency system, Oriana Casasola examines the theoretical framework of transaction avoidance and harmonisation. Comparing the avoidance actions available within and outside of the insolvency proceedings in England, Germany and Italy, chapters propose an alternative harmonisation of the transaction avoidance rules which fits within the current EU private international law framework. The book concludes by addressing the European Commission's Directive for the harmonisation of certain aspects of insolvency law and evaluates the possible issues emerging from the proposed rules. Offering solutions for harmonisation of existing transaction avoidance regimes, this book will be essential reading for students and scholars of company and insolvency law, corporate law and governance, and EU law. It will also be beneficial for legal practitioners and policymakers interested in international insolvency law.
The International Legal Order's Colour Line by
Prior to the twentieth century, international law was predominantly written by and for the 'civilised nations' of the white Global North. It justified doctrines of racial inequality and effectively drew a colour line that excluded citizens of the Global South and persons of African descent from participating in international law-making while subjecting them to colonialism and the slave trade. The International Legal Order's Colour Line narrates this divide and charts the development of regulation on racism and racial discrimination at the international level, principally within the United Nations. Most notably, it outlines how these themes gained traction once the Global South gained more participation in international law-making after the First World War. It challenges the narrative that human rights are a creation of the Global North by focussing on the decisive contributions that countries of the Global South and people of colour made to anchor anti-racism in international law. After assessing early historical developments, chapters are devoted to The League of Nations, the adoption and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the debates within UNESCO on the notion of race itself, expansion of crimes against humanity to cover peacetime violations, as well as challenges to apartheid in South Africa. At all stages, the focus lies on the role played by those who have been the victims of racial discrimination, primarily the countries of the Global South, in advancing the debate and promoting the development of new legal rules and institutions for their implementation. The International Legal Order's Colour Line provides a comprehensive history and compelling new approach to the history of human rights law.
Methods and Legal Comparison by
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems. Chapters introduce a historical perspective to provide readers with the tools for deeper comparative legal research, while also discussing the various methods of comparative law and their usefulness in legal education and research. Roberto Scarciglia outlines a detailed methodological framework for the study of complex global issues, and explores the idea that collaboration between scholars and the growing trend towards interdisciplinarity are necessary to study complex legal problems and avoid superficial comparisons. Providing a well-rounded exploration and navigation of this important topic, this book will be an essential companion for both undergraduate and postgraduate law students. Legal scholars and practitioners will benefit from the nuanced discussion of research on different legal systems.
Nation-Building and Federalism in Nepal by
Nation-Building and Federalism in Nepal primarily deals with the presentation and elucidation of identity-based federalism, a unique concept and a novel form of federalism. The most notable source of first-hand information was garnered through the author's involvement in constitution-making by proxy, as a member of the High-Level State Restructuring Recommendation Commission and as a facilitator of several interaction programmes conducted in dialogue form: that is, dialogues with citizens, stakeholders, members of the Constituent Assembly, office-bearers within political parties (intra-party), and leaders across the parties (inter-party). This book, therefore, discusses these issues and helps provide insights into the politics behind the parties' shifting positions on contentious issues related to the constitution at the time of its making; understand better the conflicting aspirations from and competing perceptions of restructuring the Nepali state among the people from different ethnic backgrounds; and capture the role played by intermediate agencies at a critical time of its constitution-making (2006-2015).
Oxford Handbook of Child Protection Systems by
Over 30 years ago, the United Nations developed the Convention on the Rights of the Child (UNCRC), heralding the importance of protecting children from a range of human rights violations. Among these are the right to be free from abuse and neglect at the hands of parents or other caregivers,and the responsibility of states to devise a protective response. How nations conceptualize harm and even how they define childhood varies markedly across the globe. This Handbook describes and analyzes the ways in which 50 countries from every continent, except Antarctica, have devised measuresfor child protection emphasized in the UNCRC. The Handbook discusses the legislative responses, public administrative systems, and the social service networks that governments have put in place to secure the protection of children against maltreatment and exploitation. Synthesizing data from acrossthe world, the authors suggest a global typology of child protection systems for understanding the diversity of service responses. The typology consists of five ideal types that have as their emphasis protection against an array of risks to childhood and that represent the focal point forgovernment intervention in the lives of families. They include child exploitation protective systems, child deprivation protective systems, child maltreatment protective systems, child well-being protective systems, and child rights protective systems. The Handbook is a valuable resource forresearchers, students, and policymakers attempting to craft thoughtful state responses to children's needs
The Politics and Everyday Practice of International Humanitarianism by
Through a combination of detailed case studies of humanitarian emergencies and thematic chapters which cover key concepts, actors and activities, this book explores the work of the largest international humanitarian agencies. Its central argument is that politics play a fundamental role in determining humanitarian needs, practices, and outcomes. In making this argument, the book highlights the many challenges and dilemmas facing humanitarian agencies in the contemporary world. It covers significant ground-temporally, geographically and thematically. The book is divided into four sections, providing a wide-ranging survey of contemporary international humanitarianism. The first section begins by presenting chapter-length case studies of the international responses to eleven humanitarian emergencies from the 1960s to the present day across Africa, Asia, the Caribbean and Europe; the second explains key concepts and trends in international humanitarianism; the third discusses how the work of international humanitarian agencies interacts with a range of other actors-including media, celebrities, donors, states, civil society, military forces and armed groups-who have significant impacts on humanitarian response and outcomes; and the fourth turns to the operations and activities undertaken by aid agencies on a daily basis. Ideally suited as a high-level introduction for students of international humanitarianism, the empirical detail and lucid analysis additionally make The Politics and Everyday Practice of International Humanitarianism an invaluable point of reference for more established scholars.
Publishing the Woman Writer in England, 1670-1750 by
In the late seventeenth and eighteenth centuries, the 'woman writer' emerged as a category of authorship in England. Publishing the Woman Writer in England, 1670-1750 seeks to uncover how exactly this happened and the ways publishers tried to market a new kind of author to the public. Based on a survey of nearly seven hundred works with female authors from this period, this book contends that authorship was constructed, not always by the author, for market appeal, that biography often supported an authorial persona rooted in the genre of the work, and that authorship was a role rather than an identity. Through an emphasis on paratexts, including prefaces, title pages, portraits, and biographical notes, Leah Orr analyses the representation of women writers in this period of intense change to make two related arguments. First, women writers were represented in a variety of ways as publishers sought successful models for a new kind of writer in print. Second, a new approach is needed for studying early women writers and others who occupy gaps in the historical record. This book shows that a study of the material contexts of printed books is one way to work with the evidence that survives. It therefore begins with a very familiar kind of author-centric literary history and deconstructs it to conclude with a reception-centered history that takes a more encompassing view of authorship. In addition to analysis of many little-known and anonymous authors, case studies include Aphra Behn, Catharine Trotter/Cockburn, Laetitia Pilkington, Marie-Catherine d'Aulnoy, and Anne Dacier.
A Research Agenda for Water Law by
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This timely Research Agenda provides imaginative solutions to existing and emerging challenges for the study, application, and development of water law. It argues for a dynamic approach to water law, anticipating how water and its relationship to humanity will shift due to climate change, modern societal norms and values, and technological innovation. Bringing together leading experts and rising new voices, this Research Agenda analyses local, national, and international water law. It explores the pressing issues of today and tomorrow, and identifies areas for further research to ensure legal regimes can respond to future challenges for water provision. Contributors consider the legal personhood of rivers, water quality, international basins, water markets, and the role of indigenous groups in water management. Ultimately, this Research Agenda provides a portfolio of options for responding to the uncertain natural, social, and political future of water. Providing a cutting-edge overview of the challenges facing water law locally, nationally, and internationally, A Research Agenda for Water Lawwill be a valuable resource for scholars of water law, environmental law, and public international law. It will also be essential reading for policy-makers seeking to build future-facing water law regimes.
Research Handbook on Corporate Liability by
This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, and on to the key areas of liability in practice. While including a timeless distillation of the guiding principles, each contribution explores the emerging boundaries of corporate liability issues so as to bring understanding to new levels. Cross-jurisdictional and interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on corporate vicarious liability, accountability for AI labour, and procedural law challenges. This Research Handbook examines not only the current state of play, but also predicts trends likely to feature in the development of corporate liability, including those in the areas of ESG and technology. Featuring contributions from leading scholars in their respective fields, this Research Handbook will be essential reading for scholars and students of commercial law, corporate law, and corporate governance. It will also be beneficial for judges, legal practitioners, and policymakers specialising in corporate liability.
Research Handbook on Extraterritoriality in International Law by
By engaging with ongoing discussions surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance. Authored by central voices in the global extraterritoriality debate, the Research Handbook on Extraterritoriality in International Lawoffers legal, interdisciplinary and regional perspectives on this evolving field. It covers a variety of issues, such as the economics of extraterritorial crime, judicial extraterritoriality, and extraterritorial human rights obligations. This comprehensive Research Handbook will be a valuable research resource for scholars and students of international law and politics, as well as international and domestically oriented legal practitioners who seek to grasp the difficult legal questions surrounding extraterritoriality.
Research Handbook on International Law and Environmental Peacebuilding by
This incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources. Chapters examine the role of international legal obligations on fair and equitable benefit-sharing in environmental protection, the contribution of the UN and other international institutions to environmental peacebuilding, and the nexus between access to environmental services and peacebuilding efforts. The compelling conclusion explores contemporary approaches for improving the inclusivity of environmental peacebuilding, considering the role of gender and indigenous peoples' perspectives. The Research Handbook on International Law and Environmental Peacebuildingwill be crucial reading for students and scholars in environmental law, environmental politics and policy, peace and security studies and public international law. Its comprehensive treatment will also be beneficial to policymakers in international environmental and peacebuilding organizations.
Rethinking Islam and Human Rights by
The literature that explores the compatibility of Islam and human rights is torn between one approach that focuses on reinterpreting Islamic scripture and another that concentrates on reconfiguring Muslim sensibility. Since one cannot be understood without the other, both approaches fail to account for change within their respective domains. In Rethinking Islam and Human Rights, leading Islam and human rights scholar Ozcan Keles examines how social movement practice unknowingly and unintentionally produces Islamic knowledge on human rights (i.e., change) in both scriptural reinterpretation and societal disposition, through a focus on the interaction between the two. Rethinking Islam and Human Rights weaves together theoretical insights from a range of disciplines, while reworking process tracing methodology, to focus on a single case study analysis of the practices of the Hizmet movement (also known as the Gülen movement) to flesh out the dynamics of this interactive change and the centrality of practice-based knowledge production therein. In doing so, Keles demonstrates how and why social movement practice organically, unassumingly, unintentionally and often, counter-intentionally, produces socially transformative formalized Islamic knowledge on human rights. He shows how it is possible to account for the production, assimilation, legitimization, and externalization of Islamic knowledge through a single relational process on some of the most intransigent issues: apostasy and women's rights. Consequently, this book offers an important pathway to re-assess age-old challenges at the cross-sectional impasse of change, stability, and religious knowledge production, which extends beyond those associated with Islam and human rights.
Sex, Sexuality, and the Constitution : Enshrining the Right to Sexual Autonomy in Japan. by
Sex, Sexuality, and the Constitution persuasively demonstrates the need to entrench protections for individual sexual autonomy within constitutional law.
Sports Law by
In this essential primer on the key themes in sports law, Jack Anderson explains how law has become important to all aspects of sport, including participation, administration and the resolution of disputes. Crossing legal jurisdictions and sporting codes, it covers issues ranging from ambush marketing to broadcasting, corruption and doping. Analysing the broad range of actors and stakeholders involved in sport, this concise introduction illustrates how sports law, once the folly of contract law, now engages criminal, competition and international human rights law. The legal nuances to contemporary debates on concussion, the 'gamblification' of sport, the rights of transgender athletes, and sport's flirtation with everything from cryptocurrencies to NFTs and private equity, all come into the orbit of this book. A departure point for further study in sports law, this book is also a reminder that sports law must be about fair play on, off and in court. An accessible, global approach to sports law, this book will be an invaluable companion for scholars and students of sports law worldwide. It will be equally beneficial to legal practitioners, journalists and those with an interest in sport generally.
Standing in Private Law by
Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts develops the idea that we should attend more to 'standing', conceived as a power to hold another accountable before a court as a distinct private law concept. Prominent lawyers have claimed that private law does not have or need standing rules, yet this seems implausible. If private law is obligation-imposing, we need rules about who can sue on these obligations to hold their bearers accountable. This book argues that a reason why standing has been relatively overlooked and under-conceptualized, receiving meagre attention from private lawyers, is because it has been obscured from plain sight: it has been swallowed up by the more dominant and capacious concept of a 'right'. However, standing is a distinct and separable private law concept that can and should be distinguished more clearly from 'right'. Doing so is necessary for the continued rational development of private law doctrine. It is also necessary for a deeper theoretical understanding of standing's significance, and its place within the remedial apparatus of private law. This book argues that an implicit standing rule exists across the law of obligations. It examines its justifiability, and the justifiability of exceptions to the rule. It also shows how and why recognising standing's distinctiveness can help us to interpret, develop, and resolve debates within different areas of private law, including the laws of contract, torts, unjust enrichments, and relatedly, the law of trusts.
Text and Textuality in Early Medieval Iberia by
Text and Textuality in Early Medieval Iberia is a study of the functions and conceptions of writing and reading, documentation and archives, and the role of literate authorities in the Christian kingdoms of the northern Iberian Peninsula between the Muslim conquest of 711 and the fall of theIslamic caliphate at Cordoba in 1031. Based on the first complete survey of the over 4,000 surviving Latin charters from the period, it is an essay in the archaeology and biography of text: part one concerns materiality, tracing the lifecycle of charters from initiation and composition topreservation and reuse, while part two addresses connectivity, delineating a network of texts through painstaking identification of more than 2,000 citations of other charters, secular and canon law, the Bible, liturgy, and monastic rules. Few may have been able to read or write, yet the extent oftextuality was broad and deep, in the authority conferred upon text and the arrangements made to use it. Via charter and scribe, society and social arrangements came increasingly to be influenced by norms originating from a network of texts. By profiling the intersection and interaction of text withsociety and culture, Graham Barrett reconstructs textuality, how the authority of the written and the structures to access it framed and constrained actions and cultural norms, and proposes a new model of early medieval reading. As they cited other texts, charters circulated fragments of thosetexts; we must rethink the relationship of sources and audiences to reflect fragmentary transmission, in a textuality of imperfect knowledge.
Thieves, Opportunists, and Autocrats by
This book examines how Russia and Kazakhstan navigated the dilemmas associated with building regulatory state institutions on the ruins of the Soviet command and control system. The two nations developed predatory and wasteful crony capitalism but still improved their business climates and economic performance. To better understand these seemingly incompatible outcomes, the book advances a theory of authoritarian regulatory statehood. It argues that politicians use institutions of the state as a means to balance conflicting elite demands for economic rents and popular demands for public goods and economic growth. An effective balancing of the two prevents elite subversion and popular revolt in the short run and ensures elites' continued access to economic rents in the long run. Empirical analysis of nearly a million national and regional regulatory documents enacted in Russia and Kazakhstan between 1990 and 2020 shows that formal regulatory institutions the autocrats built have a profound effect on economic outcomes. Moreover, at times of political vulnerability, autocracies use formal regulatory mechanisms to discipline state agencies responsible for policy implementation. By reducing capricious policy implementation by the regulatory bureaucracy, autocrats are able to reinvigorate economic performance and rebalance elite and popular interests. The theoretical argument advanced in the book links the use of institutional instruments of policy implementation to the political survival strategy. This study effectively shows that regulatory state building has emerged as an effective tool for strengthening autocratic regimes and enhancing their long-term survival.