A practical guide to Web3, blockchain, and smart contract law by
A Practical Guide to Web3, Blockchain, and Smart Contract Law is an essential handbook for lawyers, accountants, academics, business people, and others operating in the Blockchain space. This third edition of one of the first Blockchain law textbooks in the world effectively shines a light on what people perceive to be a “gray area” in the law by addressing a broad range of topics, including securities, tax, business structuring, proceeds of crime and anti-money laundering, smart contracts, estate issues, and much more. Each chapter of the book is written by a professional at the forefront of the world’s legal, accounting, and academic Blockchain community. The analysis of this evolving area of law is thus approached through an interdisciplinary lens that provides a practical and holistic view of how emerging advances in Web3, Blockchain, and Metaverse law interact within new and existing legal frameworks
Racial Justice and the Limits of Law by
Racial justice is never far from the headlines. The Windrush scandal, the toppling of the statue of Edward Colston, and racism within the police have all recently captured the public's attention and generated legal action. But, although the ideals of the legal system such as fairness and equality seem allied to the struggle for racial justice, all too often campaigners have been let down by the system.This book examines law's troubled relationship with racial justice. It explains that law's historical role in creating and perpetuating racial injustices continues to stifle its ability to advance the cause of racial justice today. Both a lawyer's guide to antiracism, and an antiracist's guide to legal action, it unites these perspectives to help both groups understand how to use the law to tackle racial injustices.
They called us Savages : a hereditary chief's quest for truth and harmony by
"Born on the banks of the majestic Harricana River, in the Abitibi region of Quebec, young Dominique Rankin was intended to succeed his father as Hereditary Chief and Medicine Man. But colonial encroachment on Indigenous Lands and efforts by the Canadian government to assimilate Dominique's people radically changed the course of the boy's life. Torn away from his parents and his culture at a young age, he grew up in a boarding school for Indigenous youth--one of many such establishments operating within the notorious Canadian residential school system--before regaining his freedom and reconnecting with his people and his origins. In this memoir, the former Grand Chief of the Algonquin Nation bares all--the light and the dark alike--to share the wisdom of an Oral Tradition that dates back millennia, and to offer a vibrant testimony on respect, forgiveness, and healing. Known for his great sense of humour and boundless energy, former Algonquin Grand Chief Dominique Rankin has taken on another role these last years--that of spiritual leader in the Anicinape tradition. A seasoned leader, teacher, and communicator, he has participated in a number of commendable ventures, including museology projects, developing and protecting ancestral sites, and promoting the revival of Indigenous traditions. Journalist and apprentice Medicine Woman Marie-Josée Tardif has become well known in the media as a television and radio news anchor, and has worked closely with Vivre magazine for several years. Twice, in 2007 and again in 2015, she was presented a Peace Pipe by Algonquin Elders, a great gesture of recognition and respect. She has since devoted her efforts to accompanying those who wish to walk the path of self-knowledge."
Legends of the Capilano by
Bringing the Legends home Legends of the Capilano updates E. Pauline Johnson's 1911 classic Legends of Vancouver, restoring Johnson's intended title for the first time. This new edition celebrates the storytelling abilities of Johnson's Skwxwú7mesh (Squamish) collaborators, Joe and Mary Capilano, and supplements the original fifteen legends with five additional stories narrated solely or in part by Mary Capilano, highlighting her previously overlooked contributions to the book. Alongside photographs and biographical entries for E. Pauline Johnson, Joe Capilano, and Mary Capilano, editor Alix Shield provides a detailed publishing history of Legends since its first appearance in 1911. Interviews with literary scholar Rick Monture (Mohawk) and archaeologist Rudy Reimer (Skwxwú7mesh) further considers the legacy of Legends in both scholars' home communities. Compiled in consultation with the Mathias family, the direct descendants of Joe and Mary Capilano and members of the Skwxwú7mesh Nation, this edition reframes, reconnects, and reclaims the stewardship of these stories.
Applied legal pluralism : processes, driving forces and effects by
This book was written by three jurists and is based primarily on data gathered in Africa (n South Africa, Burundi, Cote d'Ivoire and Zambia), Canada (Atikamekw Nehirowisiwok, the Innu and the Secwepemc), Central Europe (Roma communities in Romania) and the South Pacific (Roma communities in Romania) by multidisciplinary teams involved in a research partnership called The State and Indigenous Legal Cultures: Law in Search of Legitimacy ... Funded primarily by the Social Sciences and Humanities Research Council of Canada and the Agence universitaire de la Francophonie, the project, also known as Legitimus, is led by the Canada Research Chair on Legal Diversity and Indigenous Studies of the Faculty of Law of the University of Ottawa... --ECIP page 10.
Vera Wong's Unsolicited Advice for Murderers by
A USA Today bestseller Edgar Award Winner for Best Original Paperback Audie Award Winner for Mystery Libby Award Winner for Best Mystery A lonely shopkeeper takes it upon herself to solve a murder in the most peculiar way in this captivating mystery by Jesse Q. Sutanto, bestselling author of Dial A for Aunties. Vera Wong is a lonely little old lady--ah, lady of a certain age--who lives above her forgotten tea shop in the middle of San Francisco's Chinatown. Despite living alone, Vera is not needy, oh no. She likes nothing more than sipping on a good cup of Wulong and doing some healthy detective work on the Internet about what her Gen-Z son is up to. Then one morning, Vera trudges downstairs to find a curious thing--a dead man in the middle of her tea shop. In his outstretched hand, a flash drive. Vera doesn't know what comes over her, but after calling the cops like any good citizen would, she sort of . . . swipes the flash drive from the body and tucks it safely into the pocket of her apron. Why? Because Vera is sure she would do a better job than the police possibly could, because nobody sniffs out a wrongdoing quite like a suspicious Chinese mother with time on her hands. Vera knows the killer will be back for the flash drive; all she has to do is watch the increasing number of customers at her shop and figure out which one among them is the killer. What Vera does not expect is to form friendships with her customers and start to care for each and every one of them. As a protective mother hen, will she end up having to give one of her newfound chicks to the police?
Leave some for the birds : movements for justice by
From acclaimed filmmaker, artist and activist Marjorie Beaucage comes a poetic memoir that reflects on seven decades of living and seeking justice as a Two Spirit Michif woman. Poems, poetic observations and thoughtful meanderings comprise this inspirational journal-memoir-poetry collection from a woman who has dedicated her life and her talent to creating social change. Unfolding the wisdom gained from experience, leave some from the birds offers guidance for younger activists following the author's trailblazing footsteps." -
Making Relatives of Them by
Kinship, as an organizing principle, gives structure to communities and cultures--and it can vary as widely as the social relationships organized in its name. Making Relatives of Them examines kinship among the Great Lakes Native nations in the eventful years of the late eighteenth and early nineteenth century, revealing how these Indigenous peoples' understanding of kinship, in complex relationship with concepts of gender, defined their social, political, and diplomatic interactions with one another and with Europeans and their descendants. For these Native nations--Wyandot, Shawnee, Delaware, Miami, Ojibwe, Odawa, Potawatomi, Dakota, Menomini, and Ho-chunk--the constructs and practices of kinship, gender, and social belonging represented a daily lived reality. They also formed the metaphoric foundation for a regionally shared Native political discourse. In at least one English translation, Rebecca Kugel notes, Indigenous peoples referred to the kin-based language of politics as "the Custom of All the Nations." Clearly defined yet endlessly elastic, the Custom of All the Nations generated a shared vocabulary of kinship that facilitated encounters among the many Indigenous political entities of the Great Lakes country, and framed their interactions with the French, the British, and later, the Americans. Both the European colonizers and Americans recognized the power-encoding symbolism of Native kinship discourse, Kugel tells us, but they completely misunderstood the significance that Native peoples accorded to gender--a misunderstanding that undermined their attempts to co-opt the Indigenous discourse of kinship and bend it to their own political objectives. A deeply researched, finely observed work by a respected historian, Making Relatives of Them offers a nuanced perspective on the social and political worlds of the Great Lakes Native peoples, and a new understanding of those worlds in relation to those of the European colonizers and their descendants.
Public inquiries in Canada : law and practice by
Public inquiries have an enormous impact on public policy in Canada, serving as fact-finder, investigator of systemic failures, and proposer of reforms in diverse areas of public concern. To accomplish all these varied and important objectives, the public inquiry has of necessity become a creative and flexible process. Assembling many voices and perspectives, Public Inquiries in Canada: Law and Practice, 2nd Edition provides guidance on how best to conduct the public inquiry process from beginning to end. Practical in tone and providing a thorough overview of all stages of the inquiry process, Public Inquiries in Canada: Law and Practice, 2nd Edition is essential reading for all those involved in a public inquiry: lawyers, commissioners of inquiries (including judges), members of a commission team, witnesses, government staff, and the media. Even members of the public who have not been directly affected by the events leading to a public inquiry will find this book to contain a compelling discussion of what has become a vital tool in Canadian public policy
Retreating to Re-Treat by
In 2019, a group of scholar-artists led by Jill Carter stood with their audience in a liminal space at the edge of the woods--a space between now and then, a space between now and later. Together, they engaged in a survivance intervention: an Indigenous reclamation of territory, using Storyweaving practices rooted in personal connections to the land as a method of restor(y)ing treaty relationships. Retreating to Re-Treat documents both their artistic offering and creation process, offered in the spirit of knowledge-sharing and enriching scholarship around collaborative practices. By revealing their unique and still-developing method for addressing a fraught and tangled (hi)story, the Collective Encounter invites readers to join them as we mediate those sites of profound experiences and renewal--sites in which the project of conciliation might truly begin.
The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property by
The illicit traffic in cultural objects is a grave concern to the general public and international community. The resulting cultural damage fuels debates on how best to regulate the trade in cultural objects and inform legal responses at all levels for the protection of movable cultural heritage. Treaties concerning the treatment of cultural objects during peacetime and war represent some of the earliest multilateral initiatives on cultural heritage in the modern era. They also remain some of the most deeply contested, representing shifting fault lines within the international community. Authored by leading scholars and practitioners from around the world, this Commentary is the first to cover the two leading multilateral treaties on movable cultural heritage in one volume: the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property adopted by UNESCO in 1970 and the Convention on Stolen or Illegally Exported Cultural Objects adopted by UNIDROIT in 1995. This Commentary is designed to be the authoritative text for academics, lawyers, policymakers, and diplomats on the protection and regulation of cultural objects. Encompassing both public and private international law rules on the trade in cultural objects, it provides a detailed historical and thematic overview. Drawing on the travaux preparatoires and intergovernmental and state practice over the last half century, the Commentary provides an article-by-article analysis of the interpretation and application of these treaties. The texts 1970 UNESCO and 1995 UNIDROIT Conventions are examined in the working context of other culture conventions including the World Heritage Convention and the Intangible Heritage Convention, as well as related fields of international law, such as international humanitarian law, international criminal law, human rights law, and international economic law. The volume also offers a critical examination of current trends and future directions which are informing the field.
The 1972 World Heritage Convention by
Almost fifty years have passed since the adoption of the Convention Concerning the Protection of the World Cultural and Natural Heritage (the UNESCO World Heritage Convention). With its 194 States Parties, it is the most widely ratified convention within the family of UNESCO treaties on the protection of cultural heritage. The success of this Convention and its almost universal acceptance by the international community of states is due to the great appeal that recognising certain properties as "world heritage" has for national governments. Since the publication of the first Commentary, new problems have arisen in the management of world heritage sites. It has become increasingly difficult to properly monitor the conservation of the ever-growing mass of sites inscribed in the World Heritage List, and to resolve disputes over the formal designation of contested world heritage properties - a problem that has led to the withdrawal of the United States and Israel from UNESCO. New frontiers are now being explored for the expansion of the world heritage idea over marine areas beyond national jurisdiction, and the monopoly of the State in the identification, delineation, and presentation of world heritage properties is being increasingly challenged in the name of indigenous peoples' rights and by local communities claiming ownership over contested cultural sites. At the same time, the regime of world heritage protection has infiltrated other areas of international law, especially international economic law, investment arbitration, and the area of international criminal law. This second edition critically examines the World Heritage Convention against this dynamic evolution of international heritage law to help academics, lawyers, diplomats, and officials interpret and apply the norms of the Convention after half a century of uninterrupted implementing practice by State Parties and Treaty Bodies.
Access to Courts for Asylum Seekers and Refugees by
In Access to Courts for Asylum Seekers and Refugees, Emma Dunlop focuses on the scope and content of article 16 of the 1951 Refugee Convention. Under this article, States are obligated to provide asylum seekers and refugees with access to courts. This obligation entails a requirement to ensure 'effective' access, which may call for accommodations to be made to address individual vulnerabilities -where, for example, a person does not speak the language of the court or lacks easy access to a lawyer. It also guarantees additional rights to those who have attained 'habitual residence' in the host country.Access to courts is a critical gateway right, the denial of which can prevent a person from defending other rights under domestic law. Yet, until now, article 16 has not received extensive scrutiny.In the first dedicated monograph on article 16 of the 1951 Convention, Dunlop positions the article within the broader context of international human rights law, customary international law, and general principles of law, presenting a comprehensive account of asylum seekers' and refugees' right of access to courts. Taking an evolutionary approach to treaty interpretation, the book interrogates the scope and content of the article, evaluating the extent of its obligations. Despite developments in international human rights law since the article's adoption, Access to Courts for Asylum Seekers and Refugees argues that it remains a relevant and robust source of protection. Offering rigorous and reasoned analysis of this critical provision, Dunlop advances a principled approach to interpreting article 16.
The Anatomy of Corporate Insolvency Law by
The Anatomy of Corporate Insolvency Law dissects corporate insolvency law into its constituent elements, analysing them through a comparative and functional lens. Over the past forty years, corporate insolvency law has become a field of extraordinary practical relevance and increasing intellectual fascination. On the one hand, academics, policymakers, and practitioners have reoriented insolvency law in favour of rescuing distressed companies. On the other hand, this evolution has reshaped foundational categories of the legal culture, blurring (for instance) the traditional distinction between 'contract' and 'proceedings'. The chapters in The Anatomy of Corporate Insolvency Law analyse central topics in this vibrant field and examines where it intersects with labour law and taxation law. The volume traces corporate insolvency law across key global jurisdictions, exploring how various jurisdictions might differently approach the same issues; to what extent two solutions that appear dissimilar really diverge; and vice-versa, to what extent two seemingly similar solutions might actually differ. In doing so, it facilitates cooperation and communication across jurisdictions, and explains how solutions adopted in one jurisdiction might be applicable in another. Suitable for students, scholars, and practitioners, this new work will provide the reader with a solid framework to understand corporate law from a comparative perspective.
The Anti-Personnel Mine Ban Convention by
In September 1997, the Anti-Personnel Mine Ban Convention (APMBC) was adopted by UN Member States at a dedicated diplomatic conference in Oslo. A disarmament treaty with clear and expansive humanitarian aims, the APMBC represented the culmination of many years of energetic campaigning. The Convention has since garnered the support of over 160 States Parties, yet some of its core provisions remain under scrutiny. Stuart Casey-Maslen's article-by-article commentary on the 1997 Anti-Personnel Mine Ban Convention addresses international law and State practice on anti-personnel mines in the first twenty-five years of the lifetime of this disarmament treaty. It builds upon the author's first commentary on the Convention, published by Oxford University Press in 2003, and the revised edition issued in 2005. Whereas the two earlier editions focused on the negotiating history of the APMBC, this new edition provides insight into State and treaty practice up to now. It comprehensively details the use of anti-personnel mines through to the present day, the destruction of landmine stockpiles, and mine clearance in every affected nation. An authoritative and current commentary on the Anti-Personnel Mine Ban Convention, this new edition will be a crucial asset for diplomats, international lawyers, and academics seeking to interpret this instrumental piece of disarmament law.
Arbitration and Insolvency by
The worlds of insolvency and international arbitration have an inherent collision course, coming as they do from very different perspectives but as the business world faces an increasing number of challenges, we are having to look far more closely at how the two co-exist and work together. Richard Bamforth and Kushal Gandhi lead a team of experts from across the two disciplines to consider the effect of insolvency on arbitration agreements; the developing legal theories on the types of matters which are capable of being arbitrated; the issues arising from party insolvency during the course of ongoing arbitral proceedings; and how insolvency affects a person's ability to enforce their arbitral award. Key Features: Examines international perspectives on insolvency proceedings Investigates the New York Convention 1958, the Insolvency Act 1986 and the Arbitration Act 1996 Assesses whether insolvency is a procedural or substantive matter for the purposes of arbitration Provides practical guidance on the commencement of insolvency proceedings for an arbitrable debt Analyses the impact of foreign insolvencies on England-seated arbitration and English statutory adjudication Insolvency and arbitration lawyers will find this book to be a fundamental resource. It will also be beneficial for scholars of arbitration and dispute resolution, company and insolvency law, corporate law, and litigation.
Arms Transfers to Non-State Actors by
This insightful book analyses the issue of norm erosion in international law by examining arms transfers to non-state actors. Balancing empirical research with legal theory, the author dissects recent case studies, tracing individual changes in norms against a background of systemic transformation. Arms Transfers to Non-State Actorsfollows changes in the prohibition of arms transfers to non-state actors since the pivotal International Court of Justice's Nicaragua ruling in 1986. Hannah Kiel critically discusses the legal developments through relevant case studies, including Abkhazia, Bosnia, Congo, Eastern Ukraine, Kosovo, Libya, Northern Iraq, South Ossetia, Syria and Yemen. Adopting a customary law perspective while also placing the narratives of states in the context of international structural changes, Kiel emphasises the interplay between state practice and the strengthening of a human rights-based paradigm. Kiel ultimately shows that changes in norms at the individual level indicate a larger transformation in the international order, and while the arming of non-state actors remains formally illegal, the prohibition of this practice is informally eroding. Interdisciplinary in scope, this book provides valuable insights for scholars and researchers of public international law, human rights, international humanitarian law, and international relations. It is also of great benefit to human rights lawyers, policymakers, and diplomats.
Artificial Intelligence and Human Rights by
The scope of Artificial Intelligence's (AI) hold on modern life is only just beginning to be fully understood. Academics, professionals, policymakers, and legislators are analysing the effects of AI in the legal realm, notably in human rights work. Artificial Intelligence technologies and modern human rights have lived parallel lives for the last sixty years, and they continue to evolve with one another as both fields take shape.Human Rights and Artificial Intelligence explores the effects of AI on both the concept of human rights and on specific topics, including civil and political rights, privacy, non-discrimination, fair procedure, and asylum. Second- and third-generation human rights are also addressed. By mapping this relationship, the book clarifies the benefits and risks for human rights as new AI applications are designed and deployed.Its granular perspective makes Human Rights and Artificial Intelligence a seminal text on the legal ramifications of machine learning. This expansive volume will be useful to academics and professionals navigating the complex relationship between AI and human rights.
Business and Human Rights by
Business and Human Rights Law is a rapidly growing area of law, which has dramatically transformed many parts of international law. In this new volume in the Elements series, Robert McCorquodale explores how the responsibility for human rights abuses has transitioned from a purely state obligation to also being the responsibility of businesses. Business responsibility for human rights impacts have become subject both to legislation and to court decisions whenever their activities lead to human rights abuses anywhere in the world.This book shows the importance of the UN Guiding Principles on Business and Human Rights in these developments, and examines their influence on international, regional, and national law. It also analyses the changes on state obligations to protect human rights, on the corporate responsibility for human rights abuses, and on effective access to remedies for those adversely affected by business activities. Each of these shifts has consequences on core tenets of international law, such as sovereignty and jurisdiction, and has implications for crafting new international law in areas such as climate change and technology.Robert McCorquodale brings his decades of experience in scholarship and legal practice in business and human rights law, as well as his extensive engagement with businesses, governments, civil society, and international organisations, to bear on his understanding and analysis of this increasingly important field.
The Conflict of Laws by
The Conflict of Laws provides an introduction and analysis of the rules of private international law as they apply in England, describing the topic's three distinct branches comprising the conflict of jurisdictions, the conflict of judgments, and the conflict of laws. The volume covers a broad range of topics, from examining different jurisdictions, the law applicable to contractual and non-contractual obligations, to the impact of foreign judgements and more. Following a significant period of uncertainty as depicted in the previous edition, this new fifth edition represents the subject as it has settled in the aftermath of the post-Brexit upheaval. It seeks to illustrate how the retained (or assimilated) EU law has been integrated into the overall structure of private international law as it evolved in common law, and to assess the extent to which the nature of the subject has been altered or otherwise affected by the Brexit changes. The areas in which reform or other development may be needed are identified. However, the theme throughout is that the theoretical underpinnings of the subject are strong, if not always appreciated, are rational and robust. It is designed to explain why the detailed rules which make up a subject - which may appear at first sight to be complex - are sensible and coherent.
Conflict of Laws and the Internet by
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field. Key Features: Updated coverage of EU Law and recent case law Accessible guidance on how to combat illegal content Scrupulous analysis of complex conflict of laws issues that arise with Internet activities New sections providing extensive explanations of the Digital Services Act and the Digital Markets Act New material on other instruments in the fields of AI, crypto-markets, audiovisual media services, intermediary services, product safety and terrorist content online Overview of key topics including information society services, digital services, data protection, defamation, copyright, trademarks, unfair competition and online contracts Written by award-winning author Pedro De Miguel Asensio, Conflict of Laws and the Internetcontinues to be an essential guide for practitioners and policy-makers with applications for IT law experts and companies active in e-commerce. The book's strong doctrinal base for an area of ever-increasing importance will also be valuable for academics working in the fields of IT law and private international law.
Constitutional Identity and Constitutionalism in Africa by
In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalismriin Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.
Constitutional Review and International Investment Law by
The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.
The Constitution of the War on Drugs by
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International license. It is free to read at Oxford Academic and offered as a free PDF download from OUP and selected open access locations.An authoritative and first-of-its-kind critical constitutional history of the war on drugs that shows how drug prohibition was shaped by constitutional law, and how constitutional law was shaped by drug prohibition.The U.S. government's decades-long "war on drugs" is increasingly recognized as a moral travesty as well as a policy failure. The criminalization of substances such as marijuana and magic mushrooms offends core tenets of liberalism, from the right to self-rule to protection of privacy to freedom of religion. It contributes to mass incarceration and racial subordination. And it costs billions of dollars per year--all without advancing public health. Yet, in hundreds upon hundreds of cases, courts have allowed the war to proceed virtually unchecked. How could a set of policies so draconian, destructive, and discriminatory escape constitutional curtailment?In The Constitution of the War on Drugs, David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Throughout the 1960s and 1970s, advocates argued that criminal drug bans violate the Constitution's guarantees of due process, equal protection, federalism, free speech, free exercise of religion, and humane punishment. Many scholars and jurists agreed. Pozen demonstrates the plausibility of a constitutional path not taken, one that would have led to a more compassionate approach to drug control.Rather than restrain the drug war, the Constitution helped to legitimate and entrench it. Pozen shows how a profoundly illiberal and paternalistic policy regime was assimilated into, and came to shape, an ostensibly liberal and pluralistic constitutional order. Placing the U.S. jurisprudence in comparative context, The Constitution of the War on Drugs offers a comprehensive review of drug-rights decisions along with a roadmap to constitutional reform options available today.
The Emergence of European Society Through Public Law by
Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
English Administrative Law From 1550 by
The commonly held view about English administrative law is that it is of recent origin, with some dating it from the mid-20th century and some venturing back to the late 19th century. English Administrative Law from 1550: Continuity and Change upends this conventional thinking, charting its development from the mid-16th century with an in-depth examination of administrative law doctrine based on primary legal materials, statute, and case law. This book is divided into four parts. Part I sets out the book's principal thesis, contrasting standard perceptions concerning the existence of English administrative law with the reality of its emergence from the mid-16th century. Part II is concerned with Regulation and Administration from the mid-16th century to the end of the 19th century. There is detailed analysis of the regulatory and administrative state, which includes chapters on the way in which administrative policy was developed through individual decision-making and rulemaking, and the role played by contract in service delivery. Part III deals with Courts and Doctrine. It begins with discussion of foundational precepts followed by chapters on natural justice; review of law and fact; rights; delegation, fettering and purpose; reasonableness; proportionability; prerogative; and third and fourth source power. Part IV of the book covers Remedies and Review, with chapters on invalidity; standing; the prerogative writs; injunction, declaration, quo warranto and habeas corpus; and damages and restitutionary liability. With thought-provoking and original insights, English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law features while linking them to their modern-day equivalents.
EU Food Law by
In recent years, food law has taken on an increasingly prominent role in political discourse, with calls for a more sustainable food system challenging the legal status quo. A thorough legal perspective is thus indispensable for grasping the complexities of the EU food system and political quests for change. In the first monograph of its kind, Hanna Schebesta and Kai Purnhagen offer an authoritative and comprehensive overview of EU food legislation. Drawing on the authors' experience researching and teaching in the field, EU Food Law explores how political paradigms have shaped the development of laws in a variety of domains, including food technology, food safety, food information, food quality, nutrition, and sustainability. The book begins with insightful analyses of the historical foundations of EU food law and two existing umbrella frameworks: the General Food Law Regulation and the Official Controls Regulation. The book then presents an in-depth discussion of the food law acquis before contextualising EU law against international food law. Schebesta and Purnhagen have created the definitive resource on EU food law, offering a balanced treatment of the subject across eighteen carefully structured chapters. This volume is essential reading for students, academics, and practitioners alike.
The EU Law Enforcement Directive (LED) by
The Law Enforcement Directive 2016/680 (LED) is the first legal instrument in the EU which comprehensively regulates the use of personal data by law enforcement authorities, creating a minimum standard of privacy protection across the EU. Together with the General Data Protection Regulation (GDPR), it stands at the heart of the legal reform of the EU's data protection law. Although it was adopted at the same time as the GDPR, the LED has not received the same scholarly attention, despite its significant impact and controversial implementation in Member States.The EU Law Enforcement Directive (LED): A Commentary addresses this by providing an article-by-article commentary on the Directive. Drawing on the expertise of leading scholars, regulators, and practitioners in the EU data protection field, it offers a detailed analysis of its legal provisions, drawing on relevant case law and scholarship to illuminate the key aspects and intricacies of each provision. It analyses national transpositions of the LED while taking into account the GDPR and the regulations on the processing of personal data by EU institutions, bodies, offices and agencies. For further context, it includes introductory chapters on the background and evolution of the Directive, the Council of Europe, and the impact of Brexit on the LED.This comprehensive volume is an excellent resource for anyone seeking authoritative guidance on the application and interpretation of LED provisions, especially judges, legal practitioners, prosecutors, competent authorities, and academics.
European Union Economic Law and Culture by
This topical book provides fresh insight into the ways culture interconnects with and is treated by EU economic law and policy. Contributing authors pose key questions pertaining to the nature, scope and extent of the competence of the EU and its member states in the field of culture. Incisive in nature, this book brings together esteemed academics and practitioners to advance understanding of the Union as a cultural market economy and effectively surveys the ways in which the EU has been able to pursue cultural policy aims within the context of its internal market and external trade policies.European Union Economic Law and Cultureshows that there is still ample room for improvement when it comes to balancing economic and cultural concerns in EU law and policy-making, underscoring the need for measures and strategies aimed at 'cultural correction'.This book is a valuable resource for academics, scholars and postgraduate students specialising in EU law and policy, EU constitutional law and EU regulation in the field of culture. Containing crucial legal debate with practical policy implications, it is also highly beneficial for cultural and economic policy-makers at both the national and EU level.
Fair and Equitable Benefit-Sharing in International Law by
Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Family Dispute Resolution by
Over the last 50 years family justice systems in the United States and elsewhere have evolved from a predominant adversarial approach focused on litigation to the significant integration of more collaborative, settlement-oriented approaches, especially mediation. In Family Dispute Resolution: Process and Practice some of the field's leading practitioners, researchers, teachers, and policymakers provide an overview of the modern family dispute resolution processes designed to help separating and divorcing parents make decisions about the future of their families. Chapters in this book address the growth of divorce mediation and other specialized processes including parenting coordination, arbitration, child-inclusive mediation, and online dispute resolution. They describe how to work with families experiencing issues including domestic violence, high conflict, substance misuse, and the lack of legal representation. Case management initiatives and special issues, including social science research and conflicting standards of practice, are also explored. Family Dispute Resolution provides a wide-ranging look at contemporary family dispute resolution processes and is essential reading for everyone interested in learning more about working with separating and divorcing families, including professionals, and law and graduate students.
Fintech by
This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession. Key Features: Three new chapters covering AI in the Financial Sector, Bank-Fintech Partnerships and Embedded Payments, and a Comparison of the Regulation of Cryptoasset Activities in Europe and the United States Examination of potential blockchain and artificial intelligence applications in the financial services industry Exploration of guidelines on data protection, payments, cybersecurity, central bank digital currencies, anti-money laundering, tokenisation and blockchain Analysis of the main regulatory and compliance issues surrounding FinTech developments, from patenting challenges to innovative solutions, including regulatory sandboxes Dissection of the EU's Regulation on Markets in Crypto-assets and DLT Pilot Regime, the US's Executive Order on Ensuring Responsible Development of Digital Assets, the UK's Financial Services and Markets Act Considering the benefits and risks of new types of financial technologies, this book will prove an invaluable guide for in-house and private lawyers interested in a comprehensive legal overview of the FinTech sector. It will also appeal to students and scholars of financial law, banking, and economics.
Freedom of Speech in International Law by
Freedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It clarifies what the right to freedom of expression means under international law, identifies conflicts between law and state practice, and provides key recommendations as to how international standards should be interpreted, updated, and enforced. Each of the book's six chapters focusses on an area of the law that is being weaponized to silence the press or curtail freedom of expression. Chapters focus on insulting speech (including defamation and sedition laws), false speech (through misinformation or disinformation laws), hate speech, and speech affecting national security (in form of espionage/official secrets laws and terrorism laws). Each chapter outlines relevant state practice, identifies the conflicts that exist in international human rights law, and highlights areas for reform. Examples throughout the book demonstrate the legislative tools relied on by states to quash dissent - not just sedition, treason, and criminal insult laws that have traditionally targeted speech but, increasingly, terrorism, 'false news', and other vague laws to protect themselves against unflattering press. Recommendations at the end of each chapter aim to bridge the gap between practice and the legal obligations of both states and social media companies that have expressed voluntary adherence to the same standards. These recommendations build on existing standards, and have been endorsed by an esteemed group of experts from across the world, including the Media Freedom Coalition's High Level Panel of Legal Experts on Media Freedom.
From Jim Crow to Civil Rights by
A monumental investigation of the Supreme Court's rulings on race, From Jim Crow To Civil Rights spells out in compelling detail the political and social context within which the Supreme Court Justices operate and the consequences of their decisions for American race relations. In a highly provocative interpretation of the decision's connection to the civil rights movement, Klarman argues that Brown was more important for mobilizing southern white opposition to racial change than for encouraging direct-action protest. Brown unquestioningly had a significant impact--it brought race issues to public attention and it mobilized supporters of the ruling. It also, however, energized the opposition. In this authoritative account of constitutional law concerning race, Michael Klarman details, in the richest and most thorough discussion to date, how and whether Supreme Court decisions do, in fact, matter.
General International Law in International Investment Law by
General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
Global Health Law and Policy by
Globalization has unleashed the spread of communicable and non-communicable diseases, connected societies through vulnerability to common threats, and revealed the limitations of domestic legislation in addressing economic, social, and political determinants of health. Yet if globalization has presented challenges to disease prevention and health promotion, with the COVID-19 pandemic making clear the governance challenges ahead, global health law offers the promise of bridging national boundaries to alleviate global inequities. The academic field of global health law analyzes the law and policy frameworks that apply to the new public health threats, non-state actors, and regulatory instruments that structure global health. Arising out of international health law--which narrowly focuses on relationships among states--the field of global health law reflects the changing institutional architecture, norms, and diplomacy necessary to respond to the health threats of the twenty-first century. The new law and policy frameworks, placing public health obligations on the global community of state and non-state actors, ensure justice in global health through institutions that embrace values of transparent governance, multisectoral engagement, and legal accountability. As the study and practice of global health law has expanded over the past decade, and especially through the COVID-19 response, students and scholars require a foundational text to comprehend this shifting landscape. Lawrence O. Gostin and Benjamin Mason Meier have edited this text to help readers understand the promise of law and policy in global health. Assembling leading academics across the field of global health law, this volume (1) explains the conceptual frameworks and governance institutions that define the field, (2) applies global health governance to disease prevention and health promotion, (3) examines economic institutions that influence global health, and (4) analyzes international legal efforts to address rising health threats.
Human Rights and the Care of Older People by
Set against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'.While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives.This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
Human Rights in Transition by
At a time of intense polarisation about the value of human rights, this edited volume brings together leading scholars in international law and international human rights to reflect upon the present, the recent and distant past, and the future of human rights. Human Rights in Transition combines rich theoretical reflections with practice-informed observations about human rights and their potential futures. The book eschews the polarized and one-sided approach which can too easily dominate either side of the debate. Instead, drawing on deep learning and a range of engagements with human rights institutions, the authors develop a prognosis for contours of human rights law and politics, and its impacts, in the current conjuncture. The book charts new ways to consider human rights in the concrete areas of specific rights such as social and economic rights, institutional settings (the EU and the UN treaty bodies), and agendas, namely feminism and climate change. The results are a very rich set of essays which delve deeply into specific topics in human rights law and practice, and work outwards from a rigorous analysis of the past and present, to an argument about how to think about the future.Sensitive and thought-provoking, this book will fast become a defining volume on questions about the role of human rights in the past, present, and future and will remain valuable to anyone interested in understanding, diagnosing, and ultimately acting to help bring about, the possible futures of human rights.
Hybrid Threats and Grey Zone Conflict by
In the current geopolitical environment, liberal democracies vie for influence and prosperity with autocratic governments, such as those of China and Russia. While the great powers do not shy away from using aggressive force, much of their rivalry today takes place below the threshold of armed conflict, in a conceptual and practical 'grey zone' between war and peace. Autocratic states operate in this grey zone to target the vulnerabilities of liberal democracies, creating hybrid threats that rely on instruments ranging from economic, diplomatic, legal, and informational pressure all the way to military coercion. Law plays a critical role in this context. In the ethically and legally ambiguous grey zone, international law serves as a normative, yet malleable, framework within which geopolitical rivals compete. State and non-State actors invoke the law as the source of authority, while simultaneously hoping to shape the international legal order in their own strategic interests. Hybrid Threats and Grey Zone Conflict offers the first in-depth assessment of the legal and ethical aspects of hybrid threats and grey zone conflict. It explores the responses available to democratic nations for countering hybrid and grey zone threats whilst adhering to liberal democratic values and the rule of law. Bringing together diverse scholarly and practitioner perspectives, the volume introduces readers to the conceptual and practical difficulties arising in this area, the rich debates the topic has generated, and the challenges that countering hybrid threats and grey zone conflict poses for liberal democracies. This volume is essential reading for anyone interested in learning more about contemporary forms of strategic competition below the threshold of open hostilities.
The Individual in International Law by
Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
In pursuit of equity : women, men, and the quest for economic citizenship in 20th century America by
This volume pierces the skin of arguments and legislation to grasp the preconceptions that have shaped the experience of women: a "gendered imagination" that has defined what men and women alike think of as fair and desirable. The role of the breadwinner is investigated as a prime example.
Includes bibliographical references and index.
International Law and Universality by
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
The International Law Commission's Draft Conclusions on Peremptory Norms by
In 2022, the ILC adopted the Draft Conclusions on Peremptory Norms of General International Law. The text of the Draft Conclusions consists of twenty-three Draft Conclusions and addresses two aspects: the identification of peremptory norms and their legal consequences. Attached to the Draft Conclusions is an Annex with a non-exhaustive list of jus cogens norms previously identified by the Commission. The International Law Commission's Draft Conclusions on Peremptory Norms serves, in part, as a commentary on the ILC's work and provides a broader understanding of the Draft Conclusions from the perspective of an insider. The book goes beyond a commentary, however, as it provides an analysis and evaluation of the broader legal issues raised by the Draft Conclusions. Relying inter alia on the discussions within the Commission and the doctrinal debate surrounding the concepts covered, the book will not only offer explanation of what is addressed in the Draft Conclusions but also an assessment of the choices made by the Commission and the consequences of those choices.
International Space Law in the New Space Era by
The increasingly commercial nature of space activities and the intent of States to expand space travel have spawned renewed attempts of changing the foundations of space law, most of which originated in the twentieth century. Understanding the principles of international space law is essential for ensuring a sustainable future for all in outer space. International Space Law in the New Space Era addresses the international legal and regulatory aspects of outer space that govern developments in the field worldwide. It covers the five United Nations' space treaties along with soft law and other policies. With contributions from established experts in the domain of space law, the volume encompasses the entire gamut of international space law while simultaneously addressing inadequacies that have arisen in light of current developments such as space commercialization, space tourism, and space mining. Space law as an academic discipline is gaining prominence in law schools across the globe and this book is the result of a joint endeavour of two prominent Indian law universities (NUJS, Kolkata & MNLU, Mumbai), which have specialized centres in air and space laws. With its balanced mix of theory and practice, this book provides a timely and accessible resource to understanding international law not only for students and academics, but also for policymakers, practitioners, and those working in the space industry.
The King Can Do No Wrong by
'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions. In the first dedicated monograph on the topic, Marie France-Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized. Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world.
The Law of International Financial Institutions by
In this new volume in the Elements series, Daniel D. Bradlow traces the history and development of international law and international financial institutions from 1918 to today, providing a detailed overview of the legal frameworks within which such institutions were established and operate, and which structure their relationships with their member states and their citizens. The book opens with the inter-war years, the Bretton Woods Conference, and background on the treaties establishing the IMF and the World Bank. It then discusses the Articles of Agreement of the IMF and the IBRD, providing information on their governance arrangements, mandates, and operating principles. The international legal status of these two international financial institutions, their international legal rights, responsibilities and obligations, and their privileges and immunities are also examined. In later chapters, the book explores how the structure, functions, and operations of the World Bank and IMF have evolved since their establishment and examines the regional development banks and the regional financial arrangements that were created after them. The book concludes by exploring the challenges that international financial institutions are currently facing, and the contributions that international law can make to help them successfully meet these challenges.
The Law of U. S. Foreign Relations by
The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abstention.The process of U.S. adherence to treaties and other international agreements is closely scrutinized as the authors examine how such law, as well as customary international law and the law-making acts of international organizations, can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the several states in foreign affairs, and the imperative to protect individual rights in the transnational sphere.Among the contemporary issues discussed are the immunity of foreign heads of State, treatment of detainees at Guantánamo, movement of the U.S. Embassy in Israel to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum-seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act.
The Lost World of Classical Legal Thought by
This text examines the ideology of elite lawyers and judges from the Gilded Age to the New Deal. Between 1866 and 1937, this coherent outlook, or legal orthodoxy, shaped the way the American bar interpreted and understood the law.
Property Law in the Society of Equals by
Property is often seen as fundamentally inegalitarian, leading many to believe that a world without property would be a more equal one. Property Law in the Society of Equals challenges this view, demonstrating instead that property is essential for a society of equals. Property, as the legal realization of the idea of yours and mine, creates the conditions for us to relate to each other on equal terms. This conception of property allows for an examination of many of its core doctrines, including trespass and nuisance law, the law of acquisition, possession, and transfer, the law of leases, and the law of servitudes. It also reveals the distinctive place of property within private law more generally, and how to think about novel or controversial cases of property rights. Moreover, the idea that property is fundamentally egalitarian generates a radical critique of our present systems of property. It shows that various forms of public law regulation of property - including the right to housing and public housing itself - are justified by the same principles that underlie the need for property in the first place.Property Law in the Society of Equals offers a thorough and insightful account of a fundamental legal subject matter, and a compelling call for the reform of property on more egalitarian lines.
Protecting Geographical Indications in Africa by
Home to emerging economies, a growing middle class, and the world's youngest population, Africa presents exciting opportunities for high-value products, including products bearing a geographical indication (GI). A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. From a niche topic of interest to a billion-dollar industry, GIs now command centre stage in the field of intellectual property (IP). This is no doubt due to the myriad of benefits associated with GIs, from price premiums to the development of rural areas; the revitalization of agricultural communities; and the expansion of tourism. It is hardly surprising that many stakeholders in the GI value chain, both from within and outside the continent, show a keen interest in protecting and enforcing GIs. In Africa, producer associations, governments, regulatory authorities, and the judiciary are however limited by the lack of clear information on how best to protect and enforce GIs. This book responds to the need for comprehensive information and practical advice on GIs in Africa. The first part of the book explores the economic and social opportunities offered by GIs, the legal framework within which African states operate at the international and continental level, and the mechanisms available to protect GIs. The authors adopt an Africa-centric approach, using real-life African examples. They propose a balanced discussion around GIs, remaining mindful of African interests and commitments. The second part of the book provides a detailed overview of the laws and regulations regarding GIs in the two main regional IP organizations in Africa--the African Intellectual Property Organization (Organisation Africaine de la Propriété Intellectuelle, 'OAPI') and the African Regional Intellectual Property Organization (ARIPO)--as well as in eleven African states: Algeria, Angola, Botswana, the Democratic Republic of Congo, Egypt, Ethiopia, Kenya, Mauritius, Morocco, Nigeria, and South Africa. The structure adopted by the authors allows readers to look up the factual background of the relevant jurisdiction, its legal framework, the applicable registration procedures, and enforcement mechanisms. The book guides experienced readers and newcomers through the topic of GIs in Africa.
Punishment in International Society by
Punitive practices are highly revealing of a society's social fabric, its normative order, and power structure. Punishment in International Society examines the penal philosophies and practices in international society. The contributions to this book show the added value of a punitive lens to international politics in two major ways: First, punitive practices reveal the contours of the international normative order, its structures, and hierarchies. Such a perspective highlights the prominent position of individuals in the current normative order, but it also reveals a major divergence in the international normative order between a global North that emphasizes individualized, retributive punishment for atrocity crimes and a global South that puts reparations for past colonial wrongs on the agenda. Second, in contrast to a nation-state, the authority to sanction and act in defense of the normative order is far more dispersed and contested in international society. Although there is a demand to embed punitive practices in procedures and institutions, the most legitimate site of such authority remains contested as regional organizations such as the African Union compete with the United Nations for the authority to defend the normative order. This book brings together an international roster of scholars from the social sciences, law, and humanities. The contributions demonstrate that punitive practices have been more prevalent than commonly acknowledged as they have often been masked as (self-)defence, reparations, or coercive diplomacy. By approaching international punishment from various disciplines, this volume sheds new light on different dimensions of the punitive practices across the globe.
Recent Developments in Canadian Animal Rights Law & Policy 2023 Year in Review by
This compendium is a curated compilation of the Canada Edition of the Brooks Animal Law
Digest, a collaboration between The Brooks Institute for Animal Rights Law & Policy, Inc. and
the University of Toronto Faculty of Law. This premier online production is published twice
monthly and offers timely in-depth and up-to-date coverage on current events pertaining
to Canadian animal law. The Digest is meant to serve as a resource for anyone interested
in learning more about the field of animal law—either as a high-level overview of current
developments or a jumping off point for digging deeper into a specific issue.
The Regulatory Landscape of Ship Recycling by
In this authoritative book, Ioanna Hadjiyianni and Kleoniki Pouikli incisively map out the regulatory landscape of ship recycling, exploring the main international and European regulatory approaches that govern its environmental impacts. In light of the transnational demands of environmental justice, they critically assess the interaction between multiple regimes from the perspective of key environmental principles and the role of the EU as a global standard setter for shipbreaking. Analysing the complex business of dismantling end-of-life ships, the book takes a deeper look at the practice of shipbreaking and examines the appropriate balance between environmental protection, economic development and social justice. The authors survey the EU's role as a significant global actor on environmental protection and maritime issues, often determining the relationship between the different regimes before they are settled at the international level. They also examine the effectiveness of these regimes, as well as their legal uncertainties and jurisdictional loopholes, through the lens of environmental principles and justice and in the context of recent developments related to the European Green Deal. The Regulatory Landscape of Ship Recyclingprovides valuable insights for academics and postgraduate students in law, politics and environmental studies. Legal practitioners in environmental law, sustainability law, maritime and shipping law and industry actors involved in shipbreaking will equally benefit from this fundamental resource.
A Research Agenda for Property 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. Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis. Multidisciplinary in scope, A Research Agenda for Property Law analyses various subfields including property theory and constitutional property law, presenting key insights into the role of property law in society. Contributing authors critically assess the internal and external challenges currently facing property law, such as the development of disruptive technologies, globalisation and the energy transition, and highlight the pressing need to accommodate them. Ultimately, it offers a way forward for future research in the coming decade to address these issues. This prescient Research Agenda is a fundamental resource for scholars and students of commercial law and property law. Its practical implications and recommendations for future research will also be beneficial to legal practitioners and policymakers at the local, national and international level.
Research Handbook on Intellectual Property Rights and Arbitration by
The Research Handbook on Intellectual Property Rights and Arbitrationexplores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale. Bringing together an array of distinguished academics and professionals from across the globe, the central theme of this Research Handbook is the relationship between intellectual property and arbitration in general. Individual chapters consider such questions as the arbitrability of intellectual property disputes, suitable arbitration bodies, and the protection of trade secrets in arbitral proceedings. Specific fields of intellectual property arbitration such as licensing, copyright and domain name disputes are deftly considered alongside investor-state dispute settlement, whilst national perspectives on intellectual property arbitration are also surveyed. Both incisive and authoritative, this Research Handbook will prove essential for researchers and students who are interested in intellectual property law and dispute resolution. Legal practitioners active in arbitrating intellectual property disputes will similarly benefit from the applied nature of the text.
Research Handbook on Marriage, Cohabitation and the Law by
This insightful Research Handbook provides an international perspective on the key legal debates surrounding marriage and cohabitation. Drawing on the expertise of established and emerging scholars, a comparative approach is used to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation. Chapter authors explore the contested meanings and changing boundaries of marriage, the scope and role of alternative opt-in regimes, and the justification for conferring rights and responsibilities based on intimate relationships. Responding to the rising numbers of couples cohabiting without formalising their relationship, contributors examine how legal systems should respond to these changing patterns of relationships, and what it means to be a 'family' in different societies. Ultimately, they argue against imposing a particular view of what marriage should be, showcasing the importance of a diverse range of views and perspectives on the topic. The Research Handbook on Marriage, Cohabitation and the Lawpresents a comprehensive overview of the field, and will be an invaluable resource for students and scholars of family law, law and gender, and law and society. It will also be an essential guide for policy-makers and legal practitioners seeking insights into the processes of family formation across jurisdictions.
Research Handbook on the Law of the Paris Agreement by
This comprehensive Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty's capacity, as an instrument of international law, to compel state action to address the universal threat of climate change. Highlighting the strengths and weaknesses of the Paris Agreement in light of state practice, each chapter contains a critical examination of a separate aspect of the treaty in order to aid understanding of its legal force. Eminent scholars with experience in Paris Agreement law explore how the Agreement's efficacy relies heavily upon the goodwill of states, sui generis domestic initiatives, forceful climate law at the domestic level, and other contextual factors such as international peace and cooperation. Acknowledging the weak legal substance of the Paris Agreement, the expert contributors propose new avenues of scholarly inquiry as well as new directions in the fight against climate change. The Research Handbook on the Law of the Paris Agreementwill prove beneficial for scholars, researchers, and students of law, environmental studies, and politics and public policy. Legal practitioners, ministries of foreign affairs, and international NGOs concerned with environmental issues and human rights will also benefit from the book's practical implications.
Research Methods in Human Rights by
In this thoroughly revised second edition, editors Bård A. Andreassen, Claire Methven O'Brien and Hans-Otto Sano continue to advance current discussions on human rights research methodology, bringing together an array of leading scholars to offer instruction and guidance on different approaches to the subject area. Research Methods in Human Rightsbridges the methodological deficit that is often compounded by the interdisciplinary nature of human rights research, providing an up-to-date assessment of the topic. New chapters include discussions of comparative human rights law, qualitative methods of data generation and analysis, methodological challenges facing human rights-based approaches, and the impact of new and emerging digital technologies. Crucially, the book effectively explores the complexities which arise when conducting human rights research at the crossroads of different academic disciplines, and puts forward an agenda for best practice. Offering a contemporary overview of this ever-evolving subject, this Research Handbook will be an excellent reference tool for academics, researchers and students in human rights, law and development, public international law and development studies. Given the recent prominence of human rights discourse at both national and international levels, this book will also be of great benefit to human rights practitioners and policy-makers.
Research Methods in Private International Law by
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law (PIL) from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues. Featuring contributions from carefully selected eminent scholars, the Research Handbook is structured in three thematic sections. The first section explores the divide between public and private approaches to PIL regulation and research, covering human rights perspectives and key private initiatives in regulation. Moving on to address classical and modern research methodologies in PIL, the second section examines comparative law, empirical, economic and technical approaches and considers the influence of technology. The final section concludes with a discussion of crucial societal and educational aspects of PIL. Research Methods in Private International Lawwill prove an essential reference for academics, researchers, and students of law with a particular interest in PIL, human rights law and research methods in law. Its practical focus on methodology will also be of benefit to policymakers and legal practitioners in the PIL field.
Teaching International Law by
Outlining a wide range of instructional strategies for different student audiences, Teaching International Lawpresents guidelines and recommendations on best practices for teaching public international law at undergraduate and postgraduate levels, as well as within law schools and legal training programs. The book provides an incisive exploration of assessment mechanisms including examinations and coursework, classroom strategies such as case studies and the Socratic method, course content, and theory, all in the context of Bloom's Taxonomy. Paul F. Diehl and Charlotte Ku note the differences between the US and European or Asian models of teaching international law at the undergraduate level, graduate degree programs, and specialty LLM degrees. They also cover the teaching of specialized courses in international law such as human rights, trade, the environment, and criminal law. Based on over 40 years of experience in teaching international law, this is an essential resource for instructors of courses in public international law, as well as criminal law and justice, international commercial law, international economic law and trade law, and global and transnational law. It is also beneficial for instructors of law school courses and professional law courses in international law.
Teaching Lawyering Skills by
Foregrounding the importance of schemata in learning, Teaching Lawyering Skillspresents an integrated approach to the overall pedagogical theory of law. Stefan Krieger challenges the traditional stark dichotomy between doctrinal analysis and practice skills, arguing that skills education requires development of strategic reasoning in practice. This fascinating book focuses on two main cross-cutting themes: effective investigation, analysis and presentation of facts; and effective questioning, listening and responding. Addressing these two themes in both dispute and transactional contexts, it outlines a unique course that centres the skills of fact investigation, interviewing, negotiation, deposition-taking, and direct and cross examination of witnesses. Ultimately, Krieger presents a storyboard method to teach trial advocacy, providing specific teaching guidance and suggesting practical exercises to use either in law school classes or office-based training. Utilising empirical research in the cognitive sciences and medical education pedagogy, this innovative book will be essential for law school instructors of simulation, clinical and externship skills courses. It will also appeal to trainers of new law graduates and paralegals at law firms, government law offices and nonprofits.
Treaties by
Treaties comprise the whole range of international agreements that are governed by international law. In this volume in the Elements of International Law series, Richard Gardiner describes the essential role of treaties in international law. Beginning with an explanation of what treaties are, the book explores how they are made, how they are interpreted, and how they are implemented both internationally and within national legal systems. In doing this, Gardiner provides an account of the main features of the law of treaties and describes how treaties contribute to the formation and codification of international law. He also outlines how treaties are the foundation of international organizations which, in turn, through their constitutive treaties and those treaties which they develop, make extensive contributions to international law. The book concludes by looking at the role of treaties across multiple areas of international law, including human rights, trade and investment law, air and space law, telecommunications, international criminal law, and environmental law. Thus, the book shows that treaties, and the legal regimes which they create, now constitute the pre-eminent component of international law.
Trial by Numbers by
A significant problem within the legal profession is that many of the lawyers litigating cases and the judges deciding them have only a limited understanding of how to properly interpret empirical evidence. Trial by Numbers provides an easy way for members of the legal profession to acquire a basic understanding of the most common methods that serve as the building blocks for empirical evidence in academic articles, policy briefs, and expert witness reports. Adam Chilton and Kyle Rozema take a different approach to other introductory books on empirical methods, omitting the formulas and equations found in other books, and instead focusing on explaining the intuition and logic of common empirical methods. The work also exclusively use examples that are relevant to law school and legal practice.
Un Convention Against Transnational Organized Crime by
This book offers a comprehensive, article-by-article legal commentary on the United Nations Convention Against Transnational Organized Crime and its Protocols on trafficking in persons, smuggling of migrants, and trafficking in firearms and ammunition.The Convention- often referred to by the acronym UNTOC- was approved by the UN General Assembly on 15 November 2000 and made available for governments to sign at a high-level conference in Palermo, the heartland of the Italian Mafia, on 12-15 December 2000. For this reason, UNTOC is sometimes also referred to as the 'Palermo Convention'. The Convention entered into force on 29 September 2003. The purpose of UNTOC is to promote cooperation to prevent and combat transnational organized crime more effectively. UNTOC seeks to promote consistency among national legal systems and set standards for domestic laws so that States parties can effectively combat transnational organized crime. UNTOC is supplemented by three protocols: the Protocol against the Smuggling of Migrants by Land, Air, and Sea, the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components, and Ammunition.Article by article, this books presents the text of each provision of the Convention and the Protocols, followed by a systematic analysis of their background and negotiating history, their interpretation by the Conference of the Parties and its working groups, in judicial decisions by domestic and international courts, , in the academic literature, and in official material published by international organisations, chief among them the United Nations Office on Drugs and Crime (UNODC), the guardian of UNTOC and the Protocols. The authors offer critical, scholarly commentary. The book serves as a compendium for those using, researching, or studying provisions under UNTOC and the Protocols and as a handbook for those charged with implementing and enforcing them.
Universals of Legal Reasoning by Judges by
Universals in Legal Reasoning by Judges explores and expounds the usage of rules to justify judicial decisions. Inspired by Savigny's canons of interpretation, and informed by the author's years of study and teaching in Germany, the book constructs a matrix for all legal argumentation in place of the so-called rules of interpretation, classifying justificatory arguments into four categories: textual, historical, purposive, and system-contextual. Along these categories, the book reveals certain universals while dispelling the confusion and mystery surrounding reasoning from judicial case decisions. This it does and#8212 simply and elegantly and#8212 by equating reasoning from case decisions with reasoning from statute. A myriad of examples, primarily from Germany, California, and the United Kingdom, show how these arguments find universal application. From start to finish, this book is itself an argument: an argument for judicial transparency and candour, which requires that judges reveal their thoughts and motivations-their ultimate reasons. This is necessary to enhance the persuasiveness and efficacy of judicial precedents, to foster democratic legitimacy, and to permit political accountability.
Women and Family Property by
"This book examines property legislation and the actual position of women in receiving, holding and passing on family property as daughters, wives and as widows throughout history. Traditionally the prevailing view has been that women have been disadvantaged in the distribution of property and therefore less interesting as objects of study. This volume challenges this view and explores the securing of property for families or for individuals through transfers in the shape of dowries, marriage contracts, wills and other arrangements, as well as how women used and distributed the property they were holding. The scope of the volume is both urban and rural, analysing the position of women in relation to family property through contributions from a wide geographic area. The chapters investigate the situation in southern and northern Europe, across the Atlantic and Africa throughout the 18th to the 20th century. This volume will be of value to academics, undergraduates, postgraduates and scholars interested in gender and history and social history"--
The WTO Agreement on Sanitary and Phytosanitary Measures by
The 1995 WTO Agreement on Sanitary and Phytosanitary Measures (SPS) is concerned with trade and food safety regulation, and with the regulation of pests and diseases in agriculture. It establishes legal standards while affirming the right of each member to choose its own level of SPS protection. However, the question of whether the balance has been properly struck remains a matter of ongoing debate. The Commentary provides a detailed update of the first edition authored by Joanne Scott in 2007. It reflects 15 years of change in SPS case law and practice. It critically examines current issues such as use of experts in the dispute settlement process, applicable standard of review, or legal treatment of private standards in food safety. Moreover, the Commentary assesses the suitability of the current regime to address the existing needs of developing countries The commentary also examines how science-based criteria and the traditional GATT standards (non-discrimination and least-trade-restrictive means) are used to discipline national SPS measures. It explores the transparency obligations and procedural rules that govern control, inspection, and approval processes in importing countries. A separate section is dedicated to the operation of the SPS Committee as an arena for transnational governance in the SPS field. The book also investigates the agreement's attempt to establish a framework to draw together the diverse institutions and regulatory regimes already populating the food safety arena. Two new chapters are also included: one reviewing Article 5.7 SPS in greater detail, and one dealing with the SPS rules in selected regional trade agreements (the CETA, EU-Japan EPA, USMCA, RCEP, and CPTPP).
