The Ends of Research by
In The Ends of Research Tom Özden-Schilling explores the afterlives of several research initiatives that emerged in the wake of the "War in the Woods," a period of anti-logging blockades in Canada in the late twentieth century. Drawing on ethnographic fieldwork among neighboring communities of White environmental scientists and First Nations mapmakers in northwest British Columbia, Özden-Schilling examines these researchers' lasting investments and the ways they struggle to continue their work long after the loss of government funding. He charts their use of planning documents, Indigenous territory maps, land use plots, reports, and other documents that help them not only to survive institutional restructuring but to hold on to the practices that they hope will enable future researchers to continue their work. He also shows how their lives and aspirations shape and are shaped by decades-long battles over resource extraction and Indigenous land claims. By focusing on researchers' experiences and personal attachments, Özden-Schilling illustrates the complex relationships between researchers and rural histories of conservation, environmental conflict, resource extraction, and the long-term legacies of scientific research.
Outspoken by
NATIONAL BESTSELLER The impassioned memoir of Afghanistan's Sima Samar: medical doctor, public official, founder of schools and hospitals, thorn in the side of the Taliban, nominee for the Nobel Peace Prize, and lifelong advocate for girls and women. "I have three strikes against me. I'm a woman, I speak out for women, and I'm Hazara, the most persecuted ethnic group in Afghanistan." Dr. Sima Samar has been fighting for equality and justice for most of her life. Born into a polygamous family, she learned early that girls had inferior status, and she had to agree to an arranged marriage if she wanted to go to university. By the time she was in medical school, she had a son, Ali, and had become a revolutionary. After her husband was disappeared by the pro-Russian regime, she escaped. With her son and medical degree, she took off into the rural areas--by horseback, by donkey, even on foot--to treat people who had never had medical help before. Sima Samar's wide-ranging experiences both in her home country and on the world stage have given her inside access to the dishonesty, the collusion, the corruption, the self-serving leaders, and the hijacking of religion. And as a former Vice President, she knows all the players in this chess game called Afghanistan. With stories that are at times poignant, at times terrifying, inspiring as well as disheartening, Sima provides an unparalleled view of Afghanistan's past and its present. Despite being in grave personal danger for many years, she has worked tirelessly for the dream she is convinced is an achievable one: justice and full human rights for all the citizens of her country.
My Land, My Life by
Throughout Oceania, land is central to identity because it is understood to be spiritually nourishing and sustaining. Land is the mother. Land, and the kinship it nurtures, is the basis for sustaining livelihoods and ways of life. Therefore, Indigenous dispossession from the land has deep and far-reaching consequences. My Land, My Life: Dispossession at the Frontier of Desire explores the land rush that took place in Vanuatu from 2001 to 2014 which resulted in over ten percent of all customary land being leased. In this book, Siobhan McDonnell offers new insights into the drivers of capitalist land transformations. Using multi-scalar and multi-sited ethnography, she describes not simply a linear march toward commodification of the landscape by foreign interests, but a complex web replete with the local powerful Indigenous men involved in manipulating power and property. McDonnell meticulously describes land-leasing processes and maps the relationships between investors, middlemen, and local men. She shows how property is a tool with which foreigners reassert capitalism and neocolonial control over Indigenous landscapes. The legal identity of "landowner" contains foundational contradictions between the rights established in Vanuatu's kastom system and those afforded by property, as individualized rights over land. Property has also created sites for the production of masculine authority and enabled men to manipulate claims to land and entrench their personal power. This book explores how transactions of customary land have created new domains of agency and frontiers of desire: foreign desire to possess land and local desire to lease land for cash. It concludes with a discussion of Vanuatu's constitutional and land reform package, drafted by the author, which took effect in 2014 and delivered a more empathetic approach to Indigenous land rights and ended the land rush. Informed by decades of study, legal work, and community engagement, My Land, My Life demonstrates an engaged anthropological practice based on reciprocity that responds directly to what Indigenous people have asked for. This book is certain to appeal to a wide range of scholars as well as policy makers.
Finding Otipemisiwak by
Otipemisiwak is a Plains Cree word describing the Metis, meaning 'the people who own themselves.' Andrea Currie was born into a Metis family with a strong lineage of warriors, land protectors, writers, artists, and musicians - all of which was lost to her when she was adopted as an infant into a white family with no connection to her people. It was 1960, and the policy of removing children from their Indigenous families was firmly in place. Together with her younger adopted brother, also Metis, she struggled through her childhood, never feeling like she belonged in that world. When their adoptions fell apart during their teen years, the two siblings found themselves on different paths, yet they stayed connected. Currie takes us through her journey, from the harrowing time of bone-deep disconnection, to the years of searching and self-discovery, into the joys and sorrows of reuniting with her birth family. Finding Otipemisiwak weaves lyrical prose, poetry, and essays into an incisive commentary on the vulnerability of Indigenous children in a white supremacist child welfare system, the devastation of cultural loss, and the rocky road some people must walk to get to the truth of who they are. Her triumph over the state's attempts to erase her as an Indigenous person is tempered by the often painful complexities of re-entering her cultural community while bearing the mark of the white world in which she was raised. Finding Otipemisiwak is the story of one woman's fight - first to survive, then to thrive as a fully present member of her Nation and of the human family.
Native Nations by
WINNER OF THE CUNDILL HISTORY PRIZE * "An essential American history" (The Wall Street Journal) that places the power of Native nations at its center, telling their story from the rise of ancient cities more than a thousand years ago to fights for sovereignty that continue today "A feat of both scholarship and storytelling."--Claudio Saunt, author of Unworthy Republic Long before the colonization of North America, Indigenous Americans built diverse civilizations and adapted to a changing world in ways that reverberated globally. And, as award-winning historian Kathleen DuVal vividly recounts, when Europeans did arrive, no civilization came to a halt because of a few wandering explorers, even when the strangers came well armed. A millennium ago, North American cities rivaled urban centers around the world in size. Then, following a period of climate change and instability, numerous smaller nations emerged, moving away from rather than toward urbanization. From this urban past, egalitarian government structures, diplomacy, and complex economies spread across North America. So, when Europeans showed up in the sixteenth century, they encountered societies they did not understand--those having developed differently from their own--and whose power they often underestimated. For centuries afterward, Indigenous people maintained an upper hand and used Europeans in pursuit of their own interests. In Native Nations, we see how Mohawks closely controlled trade with the Dutch--and influenced global markets--and how Quapaws manipulated French colonists. Power dynamics shifted after the American Revolution, but Indigenous people continued to command much of the continent's land and resources. Shawnee brothers Tecumseh and Tenskwatawa forged new alliances and encouraged a controversial new definition of Native identity to attempt to wall off U.S. ambitions. The Cherokees created institutions to assert their sovereignty on the global stage, and the Kiowas used their power in the west to regulate the passage of white settlers across their territory. In this important addition to the growing tradition of North American history centered on Indigenous nations, Kathleen DuVal shows how the definitions of power and means of exerting it shifted over time, but the sovereignty and influence of Native peoples remained a constant--and will continue far into the future.
Parental alienation and family reunification : controversial issues, current research, approaches and programs by
Preface. Alienation and reunification issues in family courts : theory, research, and programs in child custody cases / Morgan Shaw and Robert Geffner -- Introduction. Parental alienation vs coercive control : controversial issues and current research / Pearl S.Berman and Ethan Weisinger -- Coercion in families and child resistance to contact with a parent after family separation / Kelly M. Champion -- "He was the king of the house" : children's perspectives on the men who abused their mothers / Simon Lapierre, Isabelle Côté and Geneviève Lessard -- Examining associations between psychological control and proactive and reactive aggression among middle school age youth / Paula J. Fite, Kathleen I. Díaz and Madelaine R. Abel -- Perpetration of intimate partner violence and guilt : the role of parenting status / Emily C. Taverna, Devin J. McGuier and Amy D. Marshall -- The trouble with Harman and Lorandos' Parental alienation allegations in Family court study (2020) / Joan S. Meier, Sean Dickson, Chris S. O'Sullivan and Leora N. Rosen -- Attachment issues and reunification of parents and children
Against Post-Liberal Courts and Justice by
This book covers how Liberal institutions - constitutional democracy, economic markets, liberal courts, free trade, international human rights - around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the United States Supreme Court are patently unjust. This volume makes the case against post-liberal courts and justice by reconnecting to the principles of moral equality and dignified freedom for all. The intention is to show how there is great untapped potential in the work of Ronald Dworkin's work to demonstrate that it can help progressive liberals think through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial recent post-liberal decisions of the Supreme Court, ranging from election funding to abortion to race-sensitive affirmative action, to economic inequality in an age of increasingly unequal opportunities.
Gendered Peace Through International Law by
Two leading feminist lawyers reflect on gender in international law to set out what a gendered peace might look like and its impact on international law in this open access book. In order to challenge orthodoxies, the book takes an unconventional approach, merging personal reflections, expert essays, and interviews. It throws the disciplinary net wide, drawing on international law, gender studies, international relations and history. The authors, undisputed global leaders in the field, challenge the reader to unlearn international law, in order to relearn it in a way that makes it more fit for purpose in the contemporary world. This seminal work is a clarion call to think about international law in a new and transformative way. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the London School of Economics & Political Science. For additional material on Gendered Peace Through International Law visit https://www.bloomsburyonlineresources.com/gendered-peace-through-international-law
Enforcing Morality by
What parts of morality ought the law to enforce? What considerations justify its enforcement? What is the relationship between the legal and social enforcement of morality? Are there principled moral limits that constrain the enforcement of morality? How should we think about the pragmatic limits to the effective enforcement of morality? These are some of the main questions addressed by Steven Wall in this comprehensive and provocative study of a fundamental debate in jurisprudence and political theory. The book defends the practice of ethical environmentalism: the deliberate effort to improve the ethical character of the social environment of a society by political, legal and other means. The presumptive case for ethical environmentalism is presented and then assessed in light of a range of important considerations, including fair treatment, governmental neutrality, the value of personal liberty, rights to do wrongs, and free expression.
Towards Home: Inuit and Sámi Placemaking by
Design and building concepts that pay respect to the land and empower Indigenous communities across the Northern Hemisphere An Indigenous-led publication, Towards Home explores how Inuit, Sámi and other communities across the Arctic are creating self-determined spaces. This research project, led by Indigenous and settler coeditors, is titled after the phrases angirramut in Inuktitut, or ruovttu guvlui in Sámi, which can be translated as "towards home." To move towards home is to reflect on where northern Indigenous people find home, on what their connections to their land means and on what these relationships could look like into the future. Framed by these three concepts--Home, Land and Future--the book contains essays, artworks, photographs and personal narratives that express Indigenous notions of home, land, kinship, design and memory. The project emphasizes caring for and living on the land as a way of being, and celebrates practices of space-making and place-making that empower Indigenous communities.
Indigenous Peoples and Borders by
The legacies of borders are far-reaching for Indigenous Peoples. This collection offers new ways of understanding borders by departing from statist approaches to territoriality. Bringing together the fields of border studies, human rights, international relations, and Indigenous studies, it features a wide range of voices from across academia, public policy, and civil society. The contributors explore the profound and varying impacts of borders on Indigenous Peoples around the world and the ways borders are challenged and worked around. From Bangladesh's colonially imposed militarized borders to resource extraction in the Russian Arctic and along the Colombia-Ecuador border to the transportation of toxic pesticides from the United States to Mexico, the chapters examine sovereignty, power, and obstructions to Indigenous rights and self-determination as well as globalization and the economic impacts of borders. Indigenous Peoples and Borders proposes future action that is informed by Indigenous Peoples' voices, needs, and advocacy. Contributors. Tone Bleie, Andrea Carmen, Jacqueline Gillis, Rauna Kuokkanen, Elifuraha Laltaika, Sheryl Lightfoot, David Bruce MacDonald, Toa Elisa Maldonado Ruiz, Binalakshmi "Bina" Nepram, Melissa Z. Patel, Manoel B. do Prado Junior, Hana Shams Ahmed, Elsa Stamatopoulou, Liubov Suliandziga, Rodion Sulyandziga, Yifat Susskind, Erika M. Yamada
Aboriginal law ; Sixth edition. by
Ch.1 Aboriginal rights -- Ch.2 Aboriginal title -- Ch.3 Treaty rights - historic -- Ch.4 Modern treaties and land claims agreements -- Ch.5 Federal authority -- Ch.6 Indian reserve land and related tax matters -- Ch.7 Provincial and territorial authority -- Ch.8 Crown's duty to consult aboriginal peoples -- Ch.9 Métis rights.
Suing for Silence by
Suing for Silence is a groundbreaking examination of how men accused of sexual violence use defamation lawsuits as a weapon to silence those who attempt to hold them accountable. As Mandi Gray demonstrates, Canadian defamation law helps perpetuate the myth that false allegations of sexual violence are common. Gray draws on media reports, courtroom observations, and interviews with silence breakers, activists, and lawyers to examine the societal and individual implications of so-called liar lawsuits. She argues that their purpose is not to achieve justice but to intimidate, silence, and drain the resources of those who speak out against sexual violence and even report their own assaults - and to discourage others from doing the same. This meticulous work reveals the gendered underpinnings of Canadian defamation law, which has long protected men's reputations at the expense of women's sexual autonomy. Sexual violence discourse must have adequate protection if it is to be heard.
Fairly equal : lawyering the feminist revolution by
Lawyer, activist, and former Chatelaine legal columnist Linda Silver Dranoff details her trailblazing journey from a traditional 1950s childhood to the battlegrounds of the courts of law and the halls of power where she and a generation of women lawyers, supporting a larger feminist movement, championed the rights of Canadian women and families. Through a combination of memoir and social history, Dranoff brings to life the struggles around family law, pay and employment equity, violence against women, abortion rights, childcare, pension rights, political engagement, public policy, and access to legal justice. From backroom battles to public and private protest, the stories are inspiring. We are encouraged in sisterhood and solidarity to ensure that the many hard-won gains of the feminist movement are maintained and expanded for the women who follow.
A Rush to Judgment by
Did Louis Riel have a fair trial? The trial and conviction of Louis Riel for treason in the summer of 1885 and his execution on November 16, 1885, have been the subjects of historical comment and criticism for over one hundred years. A Rush to Judgment challenges the view held by some historians that Riel received a fair trial. Roger Salhany argues that the presiding judge allowed the prosecutors to control the proceedings, was biased in his charge to the jury, and failed to properly explain how the jury was to consider the evidence of legal insanity. He also argues that the government was anxious to ensure the execution of Riel, notwithstanding the recommendation of the jury for clemency, because of concerns that if Riel was sent to a mental hospital or prison, he would eventually be released and cause further trouble. Salhany compels readers to reconsider Canada's most famous trial in court history.
WTO Security Exceptions in Practice and Scholarship by
This book offers an in-depth analysis of the WTO security exceptions and relevant rulings by WTO dispute settlement panels. The WTO security exceptions are commonly regarded as the "box of Pandora" of the WTO system, since WTO Member States can invoke them in order to justify trade restrictions violating WTO law which they consider necessary for their essential security interests. The Members of the WTO and the GATT 1947 have hesitated for decades to rely on these security exceptions. In recent years, however, these clauses have been invoked for the first time in high-profile disputes involving Russia and Ukraine, Saudi Arabia and Qatar, as well as the US, China, the EU and other nations.
Criminology As a Moral Science by
This book proposes an explicit recognition of criminology as a moral science: a philosophically textured appreciation of the presence and role of values in people's reasoning and motivation, set within an empirically rigorous social-scientific account. This endeavour requires input from both criminologists and philosophers, and careful dialogue between them. Criminology as a Moral Science provides such a dialogue, not least about the so-called 'fact-value distinction', but also about substantive topics such as guilt and shame. The book also provides philosophically-informed accounts of morality in practice in several criminological contexts: these include whistleblowing practices within a police service; the dilemmas of mothers about who and what to tell about a partner's imprisonment; and how persistent offenders begin to try to 'turn their lives around' to desist from crime. The issues raised go to the heart of some currently pressing topics within criminology, notably the development of 'evidence-based practice', which requires some kind of stable bridge to be built between research evidence ('facts') and proposals for policy ('evaluative recommendations').
What Are Prisons For? by
What does a good prison look like? More than eleven million people are currently locked up in prisons across the world, but does that mean that prison actually works? The answer usually depends on what people believe and feel about crime, punishment and what happens inside prisons. The deep social and personal impact of prisons demands that we try to search for a better understanding of the evidence and ideas that have made prisons so ubiquitous. Hindpal Singh Bhui, with 25 years' experience of visiting and working in prisons worldwide, argues that we need to look at who is sent there and why, to disentangle reality from ideology and myth. Introducing the competing histories of prisons and allowing the voices of prisoners, prison staff and victims to be heard, he asks whether there is a better way to achieve what society wants from its prisons.
Imperial Gallows by
Not just a method of crime control or individual punishment in Britain's African territories, the death penalty was an integral aspect of colonial networks of power and violence. Imperial Gallows analyses capital trials from Kenya, Nyasaland and the Gold Coast to explore the social tensions that fueled murder among colonised populations, and how colonial legal cultures and landscapes of political authority shaped sentencing and mercy. It demonstrates how ideas of race, ethnicity, gender and 'civilization' could both spare and condemn Africans convicted of murder in colonial courts, and also how Africans could either appropriate or resist such colonial legal discourses in their trials and petitions. In this book, Stacey Hynd follows the whole process of capital punishment from the identification of a murder victim to trial and conviction, through the process of mercy and sentencing onto death row and execution. The scandals that erupted over the death penalty, from botched executions and moral panics over ritual murder, to the hanging of anti-colonial rebels for 'terrorist' and emergency offences, provide significant insights into the shifting moral and political economies of colonial violence. This monograph contextualises the death penalty within the wider penal systems and coercive networks of British colonial Africa to highlight the shifting targets of the imperial gallows against rebels, robbers or domestic murderers. Imperial Gallows demonstrates that while hangings were key elements of colonial iconography in British Africa, symbolically loaded events that demonstrated imperial power and authority, they also reveal the limits of that power.
Intercultural Philosophy and Environmental Justice Between Generations by
This anthology combines an intercultural approach with intergenerational ethics to address critical environmental challenges. Written by scholars from all over the world, including Canada, the US, New Zealand, Nigeria, Ethiopia, Japan, the UK, China, and Spain, this book offers new perspectives on how to foster sustainable societal practises that draw on the past and are fair to future generations. It introduces the Māori idea that views all things and human generations in layered relations; Indigenous accounts of spiralling time and reciprocities among ancestors and descendants; the philosophical dimensions of Chinese conceptions of ancestor spirits and future ghosts; and African accounts of anamnestic solidarity among generations. These ideas influence proposals for how to confront ending worlds and address the environmental future of humanity, making this book a valuable resource for scholars and students of environmental law and policy, environmental humanities, political science, and intercultural and comparative philosophy, as well as policymakers.al and comparative philosophy, as well as policymakers. philosophy, as well as policymakers.
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.
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.
Fighting Mad by
"A compendium of creative strategies for building the world we want, this book . . . models the myriad ways that people can make a difference in the lives of their peers and simultaneously improve their communities."―The Progressive A fierce and galvanizing reminder that resistance is everywhere in the fight for abortion and reproductive justice in the United States. Fighting Mad is a book about what "reproductive justice" means and what it looks like to fight for it. Editors Krystale E. Littlejohn and Rickie Solinger bring together many of the strongest, most resistant voices in the country to describe the impacts of the Supreme Court's Dobbs decision on abortion access and care. The essayists and change agents gathered in Fighting Mad represent a remarkable breadth of expertise: activists and artists, academics and abortion storytellers, health care professionals and legislators, clinic directors and lawyers, and so many more. They discuss abortion restrictions and strategies to provide care, the impacts of criminalization, efforts to protect the targeted, shortcomings of the past, and visions for the next generation. Fighting Mad captures for the social and historical record the vigorous resistance happening in the early post-Roe moment to show that there are millions on the ground fighting to secure a better future.
Not White Enough by
Lawrence Goldstone's Not White Enough is a comprehensive examination of a century of bigotry against Chinese and Japanese Americans that culminated in the infamous Supreme Court decision Korematsu v. United States: the landmark ruling that upheld the illegal imprisonment of more than 100,000 innocent men, women, and children who were falsely accused of endangering national security during World War II. This book is the first to trace the full arc of prejudice against Asian Americans that made internment inevitable and serves as a legal and political history of anti-Asian racism, beginning with the California gold rush and ending with the infamous Korematsu decision. Not White Enough demonstrates how the lines between law and politics blurred for decades to enable a two-tiered system of justice where constitutional guarantees of equality under law were no longer upheld for all people. Goldstone examines each of the key Supreme Court decisions--including Wong Kim Ark, Ozawa, and Thind--as not simply jurisprudence but as expressions of political will. He chronicles the political history of racism that made Japanese internment almost inevitable, highlighting the key roles San Francisco mayors James D. Phelan and Eugene Schmitz, political boss Abe Ruef, California attorney general Ulysses Webb, and future Chief Justice Earl Warren played in instigating some of the most egregious anti-Asian legislation, all for political convenience and gain. Goldstone also illustrates Chinese and Japanese immigrants' courage and determination to carve out a place for themselves in a country that did everything it could to reject them.
The Dilemma of Compliance by
Over the past twenty years, the causes and consequences of post-election disputes have become one of the most compelling topics of research in political science. Between 2012 and 2022, political parties challenged the results of more than 25 percent of elections. When democratic transitions are dependent on the willingness of participants to accept defeat, political parties can undermine election-based democracy by rejecting the outcome. As the world enters the fourth decade since the start of the third wave of democratization, the question of whether election losers will comply or reject election outcomes is more and more pressing. The Dilemma of Compliance analyzes this phenomenon at the level of political parties, raising three important questions: Why do some political parties refuse to comply with election results? What determines the strategies they use to contest the outcomes? What consequences do post-election disputes have for the political parties that initiate them? To answer these questions, this book draws on an original dataset of post-election responses encompassing over 300 political parties, which participated in 270 elections held in twenty-two countries of Eastern Europe and the former Soviet Union over a period of more than two decades. In doing so, it offers a new theoretical framework for studying electoral compliance in comparative perspective and advances research on democratic transition, democracy promotion, post-election protests, and party politics.
The Global Community Yearbook of International Law and Jurisprudence 2023 by
The Global Community Yearbook of International Law and Jurisprudence (Yearbook, GCYILJ) provides an authoritative, comprehensive, and unique annual review of the most significant legal transformations worldwide, covering a vast range of global legal issues and developments before international courts and tribunals. Its philosophy is rooted in a global perspective, transcending sectoral and spatial confines, and is unprecedented in subject, methodology, and research. Its scope is closely linked to an annual monitoring process that tracks the construction of a global community. This involves examining the implications for law (specifically global constitutional principles), justice, governance, and ethics, which are the "key identifiers" of a legal community. The 2023 volume marks a decisive stage for the Yearbook, introducing significant refinements to its composition, scope, and format. The revamping includes the establishment of a new editorial board, an increase in the number of international courts and tribunals covered, and increased attention on the role of both "ethics" and "politics" in the global legal system. This has been emphasized by the addition of a subtitle: Global Law, Politics, Ethics, Justice. The 2023 edition is dedicated to exploring globalization, including threats to the environment and democracy which in turn endanger the stability of the global community, as well as UN and WTO sustainable development reforms and the movement toward a constitutionalization of global health. Other articles address the normative framework of global security governance and hybrid regimes, including the Russia-Ukraine and Israel-Palestine conflicts and relevant international law principles; the legality of the ECOWAS's intervention in Niger; the development of the right to reparations in international law; and the global regulation of hazardous chemical trade, among other subjects. The Yearbook is ingrained in the analysis of judicial practice. In this volume the coverage of international courts and tribunals has doubled in size (from 10 to 20) to account for the fragmentation of international law and the significance of certain emerging issues. In response to the proliferation of judicial mechanisms and the evolution of international jurisprudence, GCYILJ will now publish "Jurisprudential Surveys" covering a wide range of issues addressed by twice as many international courts, tribunals, and other quasi-jurisdictions. The Yearbook features articles by renowned scholars, judges, and experts worldwide using an interdisciplinary approach that integrates a theoretical lens with practical research methods grounded in jurisprudential data, which is precisely interpreted for the reader. Its aim is to guide the establishment of a more just, responsive, and coherent legal order for the global community. The Yearbook provides students, scholars, and practitioners alike an informed, constructive debate of fundamental questions in international and global studies facing the emerging global legal system, as well as an indispensable window into recent case law. Readers can anticipate receiving the most recent updates in the emerging global community in terms of international legal theory, digital technologies and approaches, and judicial best practices.
Good Faith in Contract Law by
Combining detailed legal analysis with commercial guidance, this book examines the law relating to good faith in commercial contracts and the practical, procedural and legal issues that arise in respect of this often contentious area. Christina Perry evaluates express and implied good faith obligations in common and civil law contracts, as well as in commercial, employment, insurance, partnership and agency agreements. Key Features: Compares various areas of the law which are not often studied together Provides in-depth evaluation of recent case law in relation to good faith in commercial contracts Discusses the obligation to exercise contractual discretion in good faith, following the leading case of Braganza v BP Shipping Ltd[2015] Assesses the treatment of good faith in contracts in common law jurisdictions such as the United States, and in civil law jurisdictions such as France and Germany This book is an essential resource for lawyers, both in-house and in private practice, who are responsible for advising clients on the negotiation and drafting of commercial contracts. It is also a helpful reference for students and scholars of commercial law, consumer law, employment law, finance and banking law, and insurance law.
New property in international law by
New Property In International Law' examines how international law consistently falls short when it comes to new property regulation, owing to the lack of a clear definition of 'property' in international law. The book considers and categorises new property into three areas; cultural property, common property, and contingent property.
The Conceptual Structure of EU Competition Law by
The Conceptual Structure of EU Competition Lawprovides a systematic overview of the key theoretical issues of restrictive agreements, by means of doctrinal analysis and comparative law. Engaging in both positivist and evaluative approaches, Csongor István Nagy conceptualizes the case-law in practical terms, outlining its paradigmatic changes and apparent contradictions. Chapters explore the purpose of competition law and the structure of competition analysis; the categories of anticompetitive object; the delimitation of object and non-object agreements; the borderline and recently emerged or emerging categories; the analytical framework of effects-analysis; and the consideration of general societal values. Nagy proposes key amendments, such as a balanced approach to formalism and substantiveness, a consistent concept of anticompetitive object, a sliding scale approach to effects-analysis, and a structuralist construction for exemption. This book is an essential resource for academics and students in competition and antitrust law and European law. Its analysis of critical case-laws is also invaluable to legal professionals and practitioners in the field.
Research Handbook on Law and Utilitarianism by
The Research Handbook on Law and Utilitarianismsheds light on contemporary legal culture and the ways in which it interacts with theories of justice. Guillaume Tusseau brings together an interdisciplinary range of scholars to analyse the utilitarian standpoint on legal disciplines and legal governance, as well as the contribution of utilitarian arguments to legal debates. The Research Handbook addresses the practical contribution of utilitarian thinkers and politics on the development and reform of specific branches of law, including private, criminal, constitutional, administrative, procedural and human rights. Chapters also assess the importance of utilitarianism in emerging legal debates on topics such as LGBT rights, feminism, transhumanism, migration, public health and environmental law. Ultimately, the authors critically analyse the relevance of utilitarianism in contemporary legal culture, providing an intellectual and path-breaking strategy to debate legal governance and legal ideology. Addressing crucial jurisprudential controversies, this innovative Research Handbook is vital for students and scholars of legal philosophy, law and society, and political theory. It will also appeal to legal practitioners interested in the ethics of law, as well as specialists on deontological issues.
