The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property
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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.
Aboriginal law ; Sixth edition.
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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.
Against Post-Liberal Courts and Justice
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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.
Constitutional Courts, Media and Public Opinion
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This book explores how constitutional courts have transformed communication and overcome their reluctance to engage in direct dialogue with citizens. How has the information revolution affected the relationship of constitutional courts with the public and the media? The book looks in detail at the communication strategies of the US Supreme Court, the Supreme Court of Canada, and in Europe the German Federal Constitutional Tribunal, the French Conseil Constitutionnel and the Italian Constitutional Court, arguing that when it comes to the relationship between courts and the media, different jurisdictions share many similarities. It focuses on the consequences of the communication revolution of courts both in terms of their relationship with public opinion and of the legitimacy of judicial review of legislation. Some constitutional courts have attracted criticism by engaging in proactive communication and, therefore, arguably yielding to the temptation of public support. The book argues that objections to the developing institutional communications employed by courts come from a preconceived notion of public opinion. It considers the burden the communication revolution has placed on constitutional courts to achieve a balance between transparency and seclusion, proximity and distance from public opinion. It puts forward important arguments for how this balance can be achieved. The book will interest scholars in constitutional law and public comparative law, sociologists, historians, political scientists, and scholars of media law and communication studies.
Criminology As a Moral Science
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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').
Detention, arrest, and the right to counsel
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In Detention, Arrest, and the Right to Counsel, Justice Davin Michael Garg (Ontario Court of Justice) and defence counsel Anil Kapoor provide a practical examination of early "street level" interactions between law enforcement and members of the public through the lens of sections 9 and 10 in the Canadian Charter of Rights and Freedoms. National in scope, this resource focuses on three major areas: detention, arrest, and the right to counsel. The first major area covers the power to detain a person, addressing law enforcement's statutory and common law powers, including investigative detention and traffic stops. This area also addresses the issue of racial profiling. The second area covers the power to arrest, including the mechanism of an arrest, reasonable grounds, arrest with and without warrant, and more. Unlike other texts in this area, this handbook includes a third section with comprehensive coverage of the right to counsel, discussing law enforcement's informational and implementational obligations under sections 10(a) and 10(b). If done improperly, initial interactions between the state and civilians can lead to Charter breaches and, eventually, Charter remedies, including the exclusion of evidence. With the aim of supporting a balance between the societal interest in effective policing and the rights of the individual, the authors of Detention, Arrest, and the Right to Counsel offer the most up-to-date and balanced resource for criminal litigators, judges, justices of the peace, and law enforcement involved in the administration of criminal justice.
The Don
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An in-depth exploration of the Don Jail from its inception through jailbreaks and overcrowding to its eventual shuttering and rebirth. Conceived as a "palace for prisoners," the Don Jail never lived up to its promise. Although based on progressive nineteenth-century penal reform and architectural principles, the institution quickly deteriorated into a place of infamy where both inmates and staff were in constant danger of violence and death. Its mid-twentieth-century replacement, the New Don, soon became equally tainted. Along with investigating the origins and evolution of Toronto's infamous jail, The Don presents a kaleidoscope of memorable characters -- inmates, guards, governors, murderous gangs, meddlesome politicians, harried architects, and even a pair of star-crossed lovers whose doomed romance unfolded in the shadow of the gallows. This is the story of the Don's tumultuous descent from palace to hellhole, its shuttering and lapse into decay, and its astonishing modern-day metamorphosis. Speaker's Book Award 2021 -- Shortlisted | Brass Knuckles Award for Best Nonfiction Crime Book 2022 -- Shortlisted
Emerging Legal Orders in the Arctic
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More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Simultaneously, it must always be based on respect for the sovereign rights of the eight Arctic states in the region, as well as the tradition and cultural livelihood of the local communities. It is this delicate balance between Arctic and non-Arctic interests that is the core problématique for the emerging legal orders in the Arctic. 　 Emerging Legal Orders in the Arcticcritically examines the role of non-Arctic actors in this advancement of the shape and scope of the Arctic legal order. Discussing the admittance and participation of Observer states and organisations in the Arctic Council, including task force meetings where new treaties are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, amongst others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives. 　 The book combines the expertise of academics and practitioners in the fields of international law and Arctic governance, uniquely focusing on Asian actors in the Arctic legal order-making. The resulting study is a fascinating insight into the interplay between non-Arctic actors and the Arctic legal order, and will be invaluable to academics in the field of Arctic and international law. es are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, amongst others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives. 　 The book combines the expertise of academics and practitioners in the fields of international law and Arctic governance, uniquely focusing on Asian actors in the Arctic legal order-making. The resulting study is a fascinating insight into the interplay between non-Arctic actors and the Arctic legal order, and will be invaluable to academics in the field of Arctic and international law.
Enacted Relations: performing knowledge in an Australian indigenous community
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The Yolngu Indigenous people in the Northeast Arnhem Land of Australia respond to neo-colonial challenges by continuing to affirm their political autonomy and transmit 'Yolngu Law', which are ways of knowing and being with the younger generation. They deal with non-Indigenous institutions, through participation of bodies, language, things, images of movement and notions of mutual care, feelings and accountability. This book explores the Yolngu relational ontology and epistemology in the context of everyday practices, ritual ceremonies, bicultural education, vernacular Christianity and the production of popular music.
The Ends of Research
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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.
Enforcing Morality
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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.
Enticements
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Provides a variety of queer, interdisciplinary interventions upon the social and legal regulation of sex, gender, reproduction, and family. In Enticements, an exceptional group of interdisciplinary scholars comes together to contribute to the field of Queer Legal Studies. The essays investigate a wildly proliferating assortment of genders, sexualities, and intimacies, questioning how they have been regulated, criminalized, or privileged by law and other regulatory forces. Enticements expands and expounds on the discipline of queer legal studies. Contributors focus on a wide range of sex/gender regulatory regimes, interrogating the use and abuse of queer history for impact litigation and social change, colonial and postcolonial sex laws otherwise obscured by the modern LGBT paradigm of sexual identity, and the policing of trans and cis men. Moving beyond a focus on LGBT identities, contributors consider limits to reproductive freedom, the Christianization of social justice movements, and the politicization of care within and across Black and feminist studies. Accessible and forward-looking, Enticements consolidates and emboldens queer legal studies as a critical, necessary field for the historical present. With noted contributions from Libby Adler, Chris Ashford, Matthew Ball, Noa Ben-Asher, Mary Anne Case, Brenda Cossman, Joseph J. Fischel, Janet Halley, Zachary Herz, Ratna Kapur, Ido Katri, Evelyn Kessler, Ummni Khan, Kyle Kirkup, Jennifer C. Nash, Senthorun Raj, and Matthew Waites.
Equality Before the Law
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This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality - manifest in a commitment to collective flourishing - without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
Facts in Public Law Adjudication
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This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review -- the mechanism through which individuals can challenge governmental action -- continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.
Fairly equal : lawyering the feminist revolution
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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.
Fighting Mad
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"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.
Finding Otipemisiwak
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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.
Gendered Peace Through International Law
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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
Global Health Law and Policy
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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.
Imperial Gallows
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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.
Indigenous Peoples and Borders
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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
Inheritance Matters
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This book makes a compelling case for placing the social and legal practices of inheritance centre stage to make sense of fundamental questions of our time. Drawing on historical, literary, sociological, and legal analysis, this rich collection of original, interdisciplinary and international contributions demonstrates how inheritance is and has always been about far more than the set of legal processes for the distribution of wealth and property upon death. The contributions range from exploring the intractable tensions underlying family disputes and the legal and political debates about taxation, to revisiting literary plots in the past and presenting a contemporary artistic challenge of heirship. With an introduction that presents a critical mapping of the field of inheritance studies, this collection reveals the complexity of ideas about 'passing on', 'legacies', and 'heirlooms'; troubles some of the enduring consequences of 'charitable bequests', 'family money', and 'estate planning; and, deepens our understanding of the intimate and political practices of inheritance.
Intercultural Philosophy and Environmental Justice Between Generations
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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.
International Law
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Written by one of the world's leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as 'the rules governing the legal relationship between nations and states'. However, with political, diplomatic and socio-economic factors shaping the law and its application, international law is much more complex. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles and breathing new life and energy into the subject, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? What does it say? This fourth edition includes references to new case-law and literature, and features (brief) discussions on recent topics of general interest, including the Ukraine invasion, global health law and energy law.
International law : doctrine, practice, and theory
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International Law: Doctrine, Practice, and Theory is an innovative and unique volume which crosses the traditional boundaries between textbook, casebook, and scholarly monograph. The book is designed primarily as an introduction to the system and substance of international law. It is also a convenient and comprehensive reference work on the most important aspects of this burgeoning field. The book includes introductory materials on the nature, history, and theory of international law from an international relations, as well as a legal, perspective. Carefully selected and edited primary materials -- including treaties, UN documents, and cases -- take readers to the very sources of the rules and principles that comprise modern international law. Extensive and critical commentary on, and analysis of, these primary materials guide the reader to an understanding of the rules, their strengths and weaknesses, and their place in the international legal system. Descriptions of contemporary real-world situations provide concrete context to the discussion. Remarkable for both its depth and breadth, International Law: Doctrine, Practice, and Theory sets the standard for the study of international law in Canada. It also constitutes an invaluable reference collection for practitioners, judges, and scholars working in this ever-increasingly important area of modern law."
The International Law Commission's Draft Conclusions on Peremptory Norms
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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.
An Introduction to African Legal Philosophy
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A book on legal philosophy, necessarily, focuses attention on law. In addition to this focus, An Introduction to an African Legal Philosophy focuses attention on philosophy. The link between law and philosophy is brought into relief, which is done through an African context. An attempt is made to spell out what is African about legal philosophy without being cut off of African legal philosophy from non-African legal philosophy. The book draws attention to the view that a basic component of African legal philosophy consists of an investigation of what it is to be an African, and because an African is a human being among other human beings, the investigation is about what it is to be a human being. Ubuntuism is an African-derived word that captures this mode of being human. Moreover, because human beings are cultural beings, African cultural context guides the investigation. Inescapably, it is claimed that, every legal philosophy is embedded in a culture. African legal philosophy is not an exception. It is deeply rooted in African culture -a culture that is today shaped, in part, by a European colonialist culture. One feature that will strike one as one reads the book is that the book approaches African legal philosophy as a means of decolonization of African culture. African legal philosophy can accomplish this intelligently and effectively if it is itself decolonized. In doing this it contrasts sharply with mainstream Western legal philosophy.
Judicial Avoidance
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This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book: - Is it legitimate to practise judicial avoidance? - How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying 'formal balancing' to provide a clearer structure of the exercise of justiciability and judicial deference. The 'formal balancing' methodology is based on Alexy's principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.
Justice, Indigenous Peoples, and Canada
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"Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. Both Indigenous and Canadian scholars situate current issues of justice for Indigenous peoples, broadly defined, within the context of historical realities and ongoing developments. By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler-colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered. From a critical perspective, the book examines the operation of the criminal justice system, though bail, specialized courts, policing, sentencing, incarceration, and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity. This unique collection of perspectives exposes the disconcerting agenda of historical and modern-day Canadian federal government policy and the continued denial of Indigenous rights to self-determination. It is essential reading for those interested in the struggles of the Indigenous peoples in Canada as well as anyone studying race, crime and justice"--
Law Democratized
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A practical plan for providing legal help to all, regardless of resources Millions of people in the United States face legal problems without lawyers to help them. Why? How do we educate and inform the public about the law so they can understand when the services of a lawyer are necessary or desirable? When can individuals solve legal problems on their own or with the assistance of a specialist without a traditional law degree? In short, how do we democratize the law? Law Democratized offers a blueprint to increase legal help for everyone, regardless of their ability to pay. Building on more than a decade of research into innovation in legal services, the book advances a series of recommendations inspired by success stories from around the globe. Renee Knake Jefferson outlines different paths pursued by bar associations, courts, entrepreneurs, law schools, nonprofits, and others, evaluating the promise and pitfalls of each. She analyzes regulatory reforms employed in other nations, along with emerging efforts in a handful of US states. If the rule of law is the bedrock that American democracy rests upon, then the justice transformed system must be open and user-friendly to all. Law Democratized makes a compelling argument for transforming the American legal landscape through engaged citizenship, ethical innovation, expanded education, and regulatory reform, in order to democratize law and make legal help more accessible.
Legal Phantoms
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The 2012 Deferred Action for Childhood Arrivals (DACA) program was supposed to be a stepping stone, a policy innovation announced by the White House designed to put pressure on Congress for a broader, lasting set of legislative changes. Those changes never materialized, and the people who hoped to benefit from them have been forced to navigate a tense and contradictory policy landscape ever since, haunted by these unfulfilled promises. Legal Phantoms tells their story. After Congress failed to pass a comprehensive immigration bill in 2013, President Obama pivoted in 2014 to supplementing DACA with a deferred action program (known as DAPA) for the parents of citizens and lawful permanent residents and a DACA expansion (DACA+) in 2014. But challenges from Republican-led states prevented even these programs from going into effect. Interviews with would-be applicants, immigrant-rights advocates, and government officials reveal how such failed immigration-reform efforts continue to affect not only those who had hoped to benefit, but their families, communities, and the country in which they have made an uneasy home. Out of the ashes of these lost dreams, though, people find their own paths forward through uncharted legal territory with creativity and resistance.
Life on the Outside
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This book seeks to understand how women's experiences both within and outside prisons shape their ability to engage in crime-free living after the experience of prison. It uses women's stories to examine their cognitive shifts toward desistance as well as the structural services that may help with the desistance process. It also examines the impacts of addiction and stigma on the desistance processes and develops the theories of desistance. Written by a practitioner, this book includes the voices of service providers who are rarely heard from to provide unique insight into how criminalized women's desistance processes can be supported. It offers intersectional, feminist perspectives and anti-carceral/ abolitionist perspectives.
My Land, My Life
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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.
Native Nations
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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.
Native Nations
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Combining historical background with discussion of contemporary Native nations and their living cultures, this comprehensive text introduces students to the many Indigenous peoples in North America. Organized by region to highlight cultural practices, each part covers the topography, climate, and natural resources in the area and describes the range of cultural practices and beliefs among groups. Subsequent tribe-specific chapters are devoted to different Native communities, addressing both their history and contemporary lives. New to the Third Edition: New Chapter 26, "Contemporary Challenges" explores the issues facing Native communities today, including environmental crises, voting rights, residential school investigations New Chapter 27, "The Arts, Pop Culture, and Representation" examines contemporary Indigenous writers, musicians, and film makers as well as the challenges Indigenous peoples face with misrepresentation Fully revised art program with a wealth of images and maps explores different Native cultures Updated statistics on social and economic data as well as demographic profiles
Not White Enough
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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.
Outspoken
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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.
Owning Our Values
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Owning Our Values offers a close examination of what "systemic racism" means through the lens of property law, in particular through areas heavily tested on the bar exam. Though systemic racism is not new, the way in which law schools and policy makers are thinking and talking about it has changed dramatically in recent years. Those who come to law school seeking to contribute to the cause of social justice may find themselves disappointed with a first-year curriculum that deals largely with arcane common law cases. In Owning Our Values, Natasha Varyani brings her experience as a doctrinal professor teaching in the fields of Property and Critical Race Theory along with her educational psychology background to approach property law from a different perspective. Each chapter is divided into two parts: one that examines the history of the doctrine and the ways it has been used and the way it has impacted groups based on their race, class, gender, and other identity characteristics. The second section of each chapter contains a suggestion for a skills exercise that provides students and professors with opportunities to see and practice culturally responsive legal skills in context, including a question set from the Next Generation Bar Exam.
Parental alienation and family reunification : controversial issues, current research, approaches and programs
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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
Prosecuting and defending offences against children. Second edition
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"The second edition, written from the perspectives of defence, crown and judiciary, continues to be an essential guide to all offences involving physical abuse, sexual abuse, internet child exploitation (including child luring and child sexual abuse images), child neglect, and child death (including expert medical evidence issues pre- and post-Goudge that relate to the prosecution of such cases). The text explores the special accommodations available to children as witnesses, the assessment of children’s evidence, and sentencing in child abuse cases. All chapters are being updated for new law and practice related developments, having particular regard for the inclusion of more case law from outside Ontario. The second edition includes two new chapters: one authored by Kasandra Cronin that deals with defending clients accused of offences against children, and one authored by Hospital for Sick Children forensic social workers Meredith Kirkland-Burke and Janeen Moddejonge on forensic social work, focusing on issues surrounding forensic interviewing protocols, child development, child memory, child trauma, and how crown, defence counsel, and judges can be more effective in their respective roles when dealing with child witnesses.
Reading the Constitution
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In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a more pragmatic approach of the Constitution. "You will not read a more important legal work this election year." --Bob Woodward, Washington Post reporter and author of fifteen #1 New York Times bestselling books "A dissent for the ages." --The Washington Post "Breyer's candor about the state of the court is refreshing and much needed." --The Boston Globe The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written. This, however, is not Justice Breyer's philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall's exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations. Most important in interpreting law, says Breyer, is to understand the statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important cases in the nation's history, among them the Dobbs and Bruen decisions from 2022 that he argues were wrongly decided and have led to harmful results.
The Rebirth of Territory
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The concept of territory is central in international law, but a detailed analysis of how the concept is used in both discourse and practice has been lacking until now. Rather than reproducing the established understanding of territoriality within the international legal order, this study suggests that the discipline of international law relies on an outmoded spatial paradigm. Gail Lythgoe argues for a complete update and overhaul of our understanding of territory and space, to engage more effectively with key processes, structures and actors relevant to contemporary global governance. In this new theoretical account of an essential aspect of public international law, she argues that territory is a dynamic social reality created by the exercise of power. Territories are constituted by the practices of a more diverse array of actors than is acknowledged. As a result, functions are re-assembling in territories constituted by state and non-state actors alike.
Rights in Practice for People with a Learning Disability
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This book aims to raise awareness about the possibility of achieving the goals of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), in order for all disabled people to enjoy the benefit of human rights. The stories of people who have been supported to enjoy their rights and their citizenship will enable readers to focus on how services and support can enable people with a learning disability to have their rights upheld, with an outcome of citizenship, independence and achievement. Despite the UNCRDP being in place since 2006, a significant number of learning disability service provider organisations and professionals in the UK are not aware of its existence. This book aims to bridge the gap between policy and practice to demonstrate the value of a human rights approach as the foundation for services and support for people with a learning disability.
A Rush to Judgment
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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.
Self-Determination As Voice
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Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.
Sexual Harassment and the Law in Africa
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Written by a team of experts from legal, forensic, and policy backgrounds, this book presents new research into sexual violence and harassment across Africa. This first of it's kind book foregrounds the work of African scholars and presents careful research analysis and case studies that consider sexual harassment from legal, socio-economic, and cultural realities. It highlights the importance of laws around sexual harassment in Africa, the intersectional challenges it poses to women in the workplace, and the role of the feminist movement in Africa to hold perpetrators accountable and give voice to survivors of sexual harassment. The book forms part of a broader African-driven research initiative on sexual harassment and the law and is written in partnership with the Africa End Sexual Harassment Initiative (AESHI). It also explores the need to focus on best-practice benchmarks for Africa and also learning from developments in Africa. Timely and relevant, the book will be of great interest to legal and policy academic scholars, professionals, and activists working in the fields of gender policy, forensic psychology, and NGOs. It will also be useful reading for postgraduate students of law, gender studies, political science, and African studies.
The Singapore International Arbitration Act
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Over the past couple of decades Singapore has successfully established itself as one of the major centres for international dispute resolution. The Singapore International Arbitration Act (SIAA), originally enacted in 1994 to give effect to the Model Law on International Commercial Arbitration, has been revised and amended four times over its lifetime, further strengthening Singapore's position as a hub for international arbitration. Following the latest amendments in 2020, this book presents the first in-depth, section-by-section commentary of the SIAA, written by Singapore-qualified arbitration practitioners and with a strong coverage of the significant corpus of Singapore arbitration jurisprudence that has been developed by the Singapore Courts over the last decade or so. It provides up-to-date analysis of each section of the Act and relevant provisions of the UNCITRAL Model Law. While Singapore case law and the approach taken by the Singapore Courts is the main focus, the authors also adopt a comparative and international lens on critical issues where the law remains in a state of progressive development. This commentary will be an indispensable resource for practitioners, students, and academics on the law and practice of arbitration in Singapore and other Model Law jurisdictions.
Suing for Silence
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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.
These Seats Are Reserved
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Reservation or affirmative action is a hugely controversial policy in India. While constitutionally mandated and with historians, political scientists and social activists convinced of its need, many resist it and consider it as compromising 'merit' and against the principle of equality of opportunity. In These Seats Are Reserved, Abhinav traces the history and making of the reservation policy. How were groups eligible for reservations identified and defined? How were the terms 'depressed classes' and 'backward classes' used in British India and how have they evolved into the constitutional concepts of 'Scheduled Castes', 'Scheduled Tribes', and 'Other Backward Classes' in the present day? The book delves into the intellectual debates that took place on this matter in the Constituent Assembly, the Supreme Court and Parliament. Several contentious issues are examined dispassionately: are reservations an exception to the principle of equality of opportunity? Do quotas in government service undermine efficiency? Can 'merit' really be defined neutrally? What is the thinking behind the rule that no more than 50 per cent of the available seats or positions can be reserved? Deeply researched and ably narrated, this volume is a compelling addition to every thinking individual's library.
Towards Home: Inuit and Sámi Placemaking
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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.
Treaties
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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.
Unjust Transition
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In 2019, Regina's Co-op Refinery Complex (CRC), a subsidiary of Federated Co-operative, locked out Unifor Local 594 after collective bargaining negotiations failed. CRC used the transition to a "low carbon" future as the justification for concessions on working conditions and reducing the workers' pension plan. The lockout demonstrates what a "just transition" means to fossil fuel corporations: rollbacks of collective bargaining, worker rights, cooperative spirit and environmental justice. In the name of a new future, Federated Co-operative and the Saskatchewan government trampled all over important worker rights -- the right to strike and picket, occupational health and safety, pensions and collective bargaining. It also highlights the sorry state of co-operative values in Canada. As corporations and governments are poised to make a transition that will be detrimental to workers and communities, this books argues that solidarity between unions and community movements is absolutely necessary to make the transition away from fossil fuels a just one.
What Are Prisons For?
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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.
Who Owns This Sentence?
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A New York Times Book Review Editors' Choice A New Yorker Best Book of 2024 So Far A fascinating and original history of an idea that now controls and monetizes almost everything we do. Copyright is everywhere. Your smartphone incorporates thousands of items of intellectual property. Someone owns the reproduction rights to photographs of your dining table. At this very moment, battles are raging over copyright in the output of artificial intelligence programs. Not only books but wallpaper, computer programs, pop songs, cartoon characters, snapshots, and cuddly toys are now deemed to be intellectual properties--making copyright a labyrinthine construction of laws with colorful and often baffling rationales covering almost all products of human creativity. It wasn't always so. Copyright has its roots in eighteenth-century London, where it was first established to limit printers' control of books. But a handful of little-noticed changes in the late twentieth century brought about a new enclosure of the cultural commons, concentrating ownership of immaterial goods in very few hands. Copyright's metastasis can't be understood without knowing its backstory, a long tangle of high ideals, low greed, opportunism, and word-mangling that allowed poems and novels (and now, even ringtones and databases) to be treated as if they were no different from farms and houses. Principled arguments against copyright arose from the start and nearly abolished it in the nineteenth century. Nonetheless, countless revisions have made copyright ever stronger. Who Owns This Sentence? is an often-humorous and always-enlightening cultural, legal, and global history of the idea that intangible things can be owned, and makes a persuasive case for seeing copyright as an engine of inequality in the twenty-first century.
WTO Security Exceptions in Practice and Scholarship
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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.
Advanced Introduction to Corporate Compliance
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Providing a clear overview of compliance programs, David Hess explores not only their key features and how to implement them, but also the public policy issues related to their use in criminal and regulatory law enforcement. Hess uses research on behavioral ethics and organizational behavior to present insights into the implementation of compliance program elements and how to establish an ethical corporate culture. Key Features: Engaging and accessible writing style Analysis of the components of an ethical corporate culture Examination of the use of compliance programs in criminal law Discussion of the challenges facing Corporate Compliance Officers The Advanced Introduction to Corporate Complianceis essential reading for academics and students in law, business and management, and business and behavioral ethics. Business leaders, compliance practitioners and legal professionals will also benefit from this foundational guide to corporate compliance.
Advanced Introduction to Corporate Governance Law and Regulation
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Advanced Introduction to Corporate Governance Law and Regulationprovides a key overview of the facets of corporate law essential to the governance of publicly traded companies. Brian R. Cheffins deploys a robust theoretical and multijurisdictional framework to analyse the elements of corporate law crucial for governance, offering incisive insights into both corporate law and corporate governance. Chapters use an influential 'contractarian' approach to corporate law to explain the operation of public companies and consider company governance codes and systems; the role of the board and shareholders; and executive pay. Key Features: Offers multijurisdictional perspectives on corporate governance law Scrutinises the legal aspects of crucial corporate governance topics Employs a robust theoretical approach, building upon 'contractarian' analysis This authoritative Advanced Introduction will be a vital read for legal scholars and students of corporate governance and corporate law. It is also beneficial for professionals interested in further understanding the legal aspects of governance of public companies.
Artificial Intelligence and International Human Rights Law
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This book explores how international organizations have addressed the actual and potential human rights issues caused by AI technologies. Combining in-depth theoretical and doctrinal analysis with a pragmatic approach, it investigates vital questions on where accountability and responsibility for AI-related violations of human rights should lie. Expert contributors examine the evolution, strengths, weaknesses and loopholes of international guidelines and standard-setting initiatives for AI by the United Nations, Council of Europe and European Union. Chapters focus on key situations in which the use of AI raises human rights concerns, including AI-supported decision-making in healthcare, public administration and cases of asylum; the use of facial recognition software; and the creation of deepfakes. Ultimately, the book highlights the need to establish effective oversight systems and adaptable remedies to protect human rights as AI continues to develop. Demonstrating the significant implications of AI technology in all areas of human life, this book is a vital resource for academics and students of international human rights law and European law. It is also an important read for policymakers and professionals interested in data security and the utilization of AI-powered solutions.
The Big Steal
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In The Big Steal, Jonathan Barnett documents the unusual confluence of ideological commitments and business interests behind the across-the-board dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrently with the rise of the digital economy and platform-based markets, the Supreme Court, Congress, and antitrust regulators significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Under the popular slogan that "information wants to be free," significant portions of the scholarly and tech communities advocated and welcomed the erosion of property rights in knowledge markets. This policy shift often relied on incomplete or premature findings that concerning the impact of robust intellectual property rights on innovation markets. Through a rich analysis that draws on law, economics, and political science, and using evidence from a wide range of technology and creative markets, Barnett shows that the depropertization of intellectual assets poses a risk to the U.S. and global innovation ecosystem by shifting economic value toward digital intermediaries and vertically integrated entities and away from the technology and content originators that drive the most robust knowledge economies.
Blackstone's Magistrates' Court Handbook 2024
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The new edition of the bestselling Blackstone's Magistrates' Court Handbook provides a complete, trustworthy practical guide for the busy practitioner. Covering all the key aspects of magistrates' court practice, the book focuses on the areas most likely to arise at short notice requiring an instant response from the advocate, as well as on those offences most frequently experienced at court, such as assault, public order, dishonesty, drugs, weapons, driving, criminal damage, and sexual offences. Blackstone's Magistrates' Court Handbook's easy-to-use pocket-sized format facilitates quick reading and instant decision-making. Tables, flow-charts, and a clear system of icons aid comprehension and speedy navigation. Users are signposted to the relevant sentencing guidelines for each offence, allowing for prompt access to the up-to-date guideline online. Cross-referencing to Blackstone's Criminal Practice 2024 provides you with easy access to in-depth commentary.
Cognitive Aging and the Federal Circuit Courts
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In the United States, federal judges occupy weighty positions. They interpret the Constitution, define people's rights and liberties, and apply laws and regulations to myriad cases. They also are older than ever. In 2023, the median age of a federal judge reached 70 for the first time. Nearly one-third of federal judges exceeded the age of 75. And ten percent were 85 years or older. The federal judiciary has become a graying judiciary. Recent advances in neuroscience show that cognitive aging leads to processing speed delays, a decline in executive functioning skills like reasoning and memory, and a greater reliance on cognitive shortcuts. Judges are not immune from these effects. Simply put, cognitive aging influences all people. Judges are people. And so cognitive aging must influence them. In Cognitive Aging and the Federal Circuit Courts: How Senescence Influences the Law and Judges, a distinguished team of authors investigates how cognitive aging influences federal circuit court judges. The first-of-their-kind results show that as judges age, they require more time to craft their opinions; they rely more on cognitive shortcuts; their opinions become less complex; they increasingly rely on others to help them write opinions; and their legal influence on panels wanes just as their susceptibility to persuasion increases. These results are sure to transform broad debates about institutional reform.
The Conceptual Structure of EU Competition Law
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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.
Constitutions and Inequality
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Building on economic and feminist critiques of legal individualism, this book develops a relational analysis of constitutional law in the context of real-world social inequality. It provides a methodological framework for legal scholarship as well as a vocabulary for equality-oriented interpretations of law. Cara Röhner investigates the concept of an inequality audit of constitutions, as well as the three dimensions of inequality: redistribution, recognition and representation. Röhner reconstructs how socioeconomic and gender inequalities are negotiated under German constitutional law and EU law. Based on this analysis, the book further discusses the idea that the development of a constitutional language for addressing structural inequality is crucially linked to reforming the methodological approach to legal research. Combining political and legal theory with an examination of constitutional doctrines, this book is vital for students and scholars of comparative law, constitutional and administrative law, philosophy and political science. It is also an informative resource for social and women's rights activists and politicians interested in economic and gender inequalities.
Detachable Penis
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In Detachable Penis: A Queer Legal Saga, Elkin relates his bumpy journey from lesbian to transgender lawyer in the aftermath of the 2017 Australian marriage equality postal survey, which resulted in an amendment to the Marriage Act to enable same-sex marriage. As the inaugural lawyer of Victoria's queer law service, Elkin is quickly immersed in thorny debates around trans inclusion in sport, children's access to puberty blockers, birth certificate law reform, and the Christian right's demand for enhanced religious freedoms. Set against the backdrop of a growing moral panic about the "trans agenda," Elkin reflects on the double-edged sword of visibility post the "transgender tipping point." Elkin offers an honest, unflinching account of chest surgery, phalloplasty, the emotional impact of cross-sex hormones and the perils of airport body scanners. Refreshingly open-minded, Elkin explores his ambivalence about aspects of his own transition, masculinity, and fears of lesbian erasure as he encounters a new world of gender-affirming psychologists, surgeons, and speech pathologists. Through an examination of Elkin's legal casework and law reform efforts, Detachable Penis offers a kaleidoscopic view of LGBTIQA+ communities living on the margins and a nuanced account of the lateral violence, poor mental health, and activist burnout that besets the contemporary LGBTIQA+ rights movement. Part love letter and part cautionary tale, Detachable Penis offers a darkly humorous glimpse into Elkin's unique life in the law.
The Dilemma of Compliance
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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.
Double Taxation in Europe
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Double Taxation in Europe: A Practical Guide to Obstacles and Avoidance Measuresbrings together a team of tax law experts to critically examine double taxation issues for corporations and individuals. The book explains the main internationally-recognised methods to avoid double taxation, and features country-focused chapters covering all European countries. Key Features: In-depth analysis of practical issues Review of relevant court rulings and statutes Authoritative overview of up-to-date discussions on the topic Introduction to the topic from a national and European perspective Coverage of pressing issues such as qualification rules, the progression proviso and tax sparing mechanismsA fundamental guide for tax advisers and legal practitioners, this book highlights the general obstacles for the avoidance of double taxation, so that taxpayers can structure their investments to mitigate double taxation. This book will be widely welcomed by tax professionals and will also be of interest to academics and students of commercial law, European law and tax law.
Elgar Encyclopedia of Crime and Criminal Justice
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The Elgar Encyclopedia of Crime and Criminal Justicestands apart as the most comprehensive global reference title in its field. Featuring the work of over 250 scholars and practitioners from around the world, the Encyclopedia presents an accessible and uniquely far-reaching set of entries on topics associated with crime and criminal justice. Within this flagship work, the incredible breadth and depth of the field is captured by a diverse and international range of contributors. The Encyclopedia is curated by a team of globally renowned scholars and is ambitious in its scope - comprising thematic, regional and comparative coverage. Entries give a concise summary of the accumulated knowledge on their topic, followed by a list of references to facilitate further study. Over 300 entries Entries organised alphabetically for ease of navigation Fully cross-referenced Entries written by scholars and practitioners from around the world World class editorial team The Encyclopedia will be available online ahead of print, followed by a multi-volume print edition.
European Blame Games
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Who is held responsible when EU policies fail? Which blame games resonate in the European public? European Blame Games challenges the conventional wisdom that the complexity of EU decision-making eschews clarity of responsibility, thereby rendering European blame games untargeted and diffuse. The book argues that the politicization of EU policies triggers a plausibility assessment of blame attributions in the public domain with the effect that European blame games gravitate towards true responsibilities, targeting those political actors involved in enacting a policy that is subsequently considered a policy failure. It distinguishes three kinds of European blame games. In scapegoat games, supranational EU institutions are held responsible for a policy failure. Renegade games occur when individual member state governments are considered the culprits for a failed policy. When responsibility for a policy failure is shared between EU institutions and member states, diffusion games prevail. The book also explores three conditions to explain when each of the three European blame games prevails: the type of policy failure, the type of policy making, and the type of policy implementation. To empirically probe these conditions, European Blame Games studies the blame games in ten instances of EU policy failures, including EU foreign policy, environmental policy, fiscal stabilization, and migration policy. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, and environmental and urban studies concerned with the dispersion of authority from central states to supranational institutions, subnational governments, and public-private networks. It brings together work that advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and Walter Mattli of the University of Oxford. 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 at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
The Global Community Yearbook of International Law and Jurisprudence 2023
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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
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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.
Human Rights Strategies
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This book explores how various strategies have been developed over time to address different human rights objectives. It provides a critical examination of the benefits and drawbacks of different human rights strategies, and explores the cultural dimension; considering how particular strategies may be viewed and deployed differently in contemporary human rights practice. An international team of expert legal scholars focus on three key human rights strategies: naming and shaming, strategic litigation and information politics. By analysing these strategies, they explain their respective advantages, pitfalls and idiosyncrasies. Chapters highlight that whilst these strategies may aid in furthering human rights law and protecting individuals from human rights violations, any strategy may have the potential for unintended negative consequences; sometimes at the expense of certain rights or certain individuals. Ultimately, the book highlights that strategies should not overshadow the essence of human rights, but are simply a means of communicating a message. Human Rights Strategiesis a fundamental resource for legal scholars and students with a particular interest in human rights and public international law. Legal practitioners, policymakers and NGOs in the human rights sphere will also find this to be a useful reference point.
The Human Right to Science
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Recognized as early as 1948, the right to benefit from progress in science and its applications (known more succinctly as "the right to science") has long confounded international legal scholars and practitioners. While it is key to properly framing the relationship between science, technology, and society, the right to science continues to be poorly understood and very rarely invoked by those who could benefit from it.The Human Right to Science: History, Development, and Normative Content offers a thorough and systematic analysis of this pivotal human right. After discussing the aims, methodology, and key definitions, the book examines the historical origins of the right to science, from the American Declaration of Human Rights to the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights. It then turns to mapping the development of the right within the United Nations system (including UNESCO) and its spread to regional regimes. Finally, the book breaks down the normative content of the right to science into twenty-two distinct rights, grouped in four clusters: the right to scientific progress, to responsible scientific progress, to participate in scientific progress, and to benefit from scientific progress. For each, the book describes in detail the legal basis, content, corresponding obligations, and indicators. The book closes by recommending the adoption of a Science Treaty to fully realize the potential that the human rights framework can offer to the regulation of science and technology.Authored by two leading experts in international law and science policy, The Human Right to Science meticulously explores the right's origins, development, and normative content. In doing so, it uncovers previously unarticulated entitlements and obligations, offering new insights on human rights interconnections.
Industrial Policy, National Security, and the Perilous Plight of the WTO
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The WTO is facing an unprecedented crisis, one which threatens to critically erode its relevance and destabilize global trade. Some member states have become increasingly distrustful of other WTO members, invoking trade-restrictive measures in the name of economic security. Petros C. Mavroidis's new book provides insight into current international trade, national security, and environmental challenges facing the world community, of which the World Trade Organization (WTO) is at the epicenter. Even if the WTO overcame its current crisis, its adjudication branch is insufficiently equipped to address the aforementioned challenges and the WTO contract itself is in dire need of updating. Yet, as Mavroidis argues, ensuring the survival of the WTO is crucial for rebuilding the trust of the global trading community. In this direction, Mavroidis offers concrete proposals toward improving the function of the WTO and reigniting global collaboration.
Interactions Between EU Law and International Law
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Juxtaposing perspectives, this insightful book brings together the various dimensions of the relationship between EU law and international law. As the multifaceted interplay between these two legal orders has become increasingly complex with expanding EU policy areas and the development of the EU as a global (normative) actor, this book offers a timely and state-of-the-art contribution to this important field of study. Adopting perspectives from both inside and outside the EU, chapters use international law as a starting point to see how it plays out in the context of EU law as well as vice versa. This work not only reveals the differences between these two legal orders, but also highlights that the EU (and its legal system) is not isolated from international law and follows these rules in its external relations. Wearing the lenses of both international and EU law, it considers the EU and its legal order from an international community viewpoint and assesses the reception and role of EU law in international law. Interactions Between EU Law and International Lawpresents a unique academic appraisal of the multi-layered interconnections between EU law and international law and provides an invaluable resource for scholars and students of public international law, EU law, international politics and European politics and policy. Its nuanced insights and accessible style will also benefit legal practitioners, policymakers, diplomats and legal advisors dealing with the EU and its Member States - both within the EU and beyond.
Le Droit et L'art : Une Mésentente Féconde.
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This book, edited by Anna Arzoumanov, Mathilde Barraband, Geneviève Bernard Barbeau, and Marty Laforest, explores the complex relationship between law and art, focusing on the tensions between freedom of expression and legal constraints in France and Quebec. It examines how artists have faced legal challenges related to privacy, reputation, obscenity, and hate speech. The book is part of a broader research initiative comparing the state of creative freedom in these regions, and it addresses the broader legal and cultural implications of regulating art and literature. It is a scholarly work intended for legal professionals, academics, and those interested in the intersection of law, art, and freedom of expression.
Legal Responses to Unjustified Threats of Patent Infringement
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In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement. The book provides a clear picture of how the legal systems in China, Germany, UK and the US resolve the common problem of patent infringement threats from various perspectives including statutes and judicial practice. Comparing these jurisdictions at a micro-level, Zheng assesses the principle of proportionality that assists in the critical evaluation of the approaches used in the investigated legal solutions, namely the intellectual property approach and the unfair competition approach. Ultimately, Zheng suggests a general rule f
Mitigation in the Law of Damages
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The law of mitigation determines how a claimant's own response to a breach affects the damages they can recover. It responds to the basic accusation: 'although I did wrong, you made things worse'. Mitigation applies to all claims for compensation, regardless of the claimant's cause of action and irrespective of the defendant's level of fault. It is amongst the most litigated doctrines in private law and has significant implications for general theories of damages, and yet has received relatively little scholarly attention to date. Mitigation in the Law of Damages provides the first comprehensive theoretical and doctrinal treatment of this important area of the law in any common law jurisdiction. It argues that contrary to the leading texts on damages, judges have been right all along to explain mitigation as an aspect of causation. But to see why, we must look beyond the 'but-for' concept of causation and understand the 'common-sense' causal principles used to attribute responsibility outside the law. This approach reveals a new understanding of the rules of mitigation and their relation to other doctrines. The implications are wide-ranging. First, mitigation applies symmetrically to benefits as well as harms, and encompasses a variety of damages doctrines that have previously been regarded as distinct. Second, the new account of mitigation advances our understanding of the legal concepts of causation, choice, and loss, and calls for a re-evaluation of existing theories of damages. Third, the book revives and develops arguments from Hart and Honoré's ground-breaking work 'Causation in the Law', with implications for every area of law where causal reasoning is invoked. Original and thought-provoking, Mitigation in the Law of Damages restates and explains the law of mitigation in a way that is accessible to both academics and practitioners.
New property in international law
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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.
Refugee Protection in Southeast Asia
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Despite being long-term hosts to refugee populations, Indonesia, Thailand and Malaysia are not yet part of the 1951 Refugee Convention. In all three states, refugees are regulated as discretionary humanitarian exceptions to immigration legislation. With contributions from scholars within and outside the region, this book promotes new thinking on protection of refugees and on resolving tensions between states, actors and institutions in the region. It evaluates the key concepts of sovereignty, security and humanitarianism in this context, the different bases of protection by state and non-state actors and the meaning of responsibility and regionalism in Southeast Asia.
Research Handbook on EU Competition Law and the Energy Transition
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The Research Handbook on EU Competition Law and the Energy Transitioncomprehensively analyses key topics in the field, covering both traditional and emerging antitrust, state aid, and policy issues related to energy transformation, increased sustainability goals and the functioning of European energy markets. Across 17 authoritative chapters, leading experts in the competition, state aid and energy law fields blend academic rigour with practical insights. Contemporary issues are discussed such as the European energy markets' regulatory frameworks, the legality of agreements between energy players, market power abuse in energy markets, and the way that states may play a direct role when intervening in the sector to promote renewable energy forms of the security of energy supply. The Research Handbook examines current geopolitical, social and technological changes and challenges in the energy sector within an economic law context and addresses the ongoing restructuring of European energy markets. Balancing theory, practice and actionable advice, this Research Handbook is an essential reference work for academics and students in competition and antitrust law and energy law. Legal practitioners and policymakers working in the energy and competition law sector will also find this to be an indispensable resource.The Research Handbook on EU Competition Law and the Energy Transitioncomprehensively analyses key topics in the field, covering both traditional and emerging antitrust, state aid, and policy issues related to energy transformation, increased sustainability goals and the functioning of European energy markets. Across 17 authoritative chapters, leading experts in the competition, state aid and energy law fields blend academic rigour with practical insights. Contemporary issues are discussed such as the European energy markets' regulatory frameworks, the legality of agreements between energy players, market power abuse in energy markets, and the way that states may play a direct role when intervening in the sector to promote renewable energy forms of the security of energy supply. The Research Handbook examines current geopolitical, social and technological changes and challenges in the energy sector within an economic law context and addresses the ongoing restructuring of European energy markets. Balancing theory, practice and actionable advice, this Research Handbook is an essential reference work for academics and students in competition and antitrust law and energy law. Legal practitioners and policymakers working in the energy and competition law sector will also find this to be an indispensable resource.
Research Handbook on European Property Law
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Bringing together global experts in the field, this Research Handbook presents an overview of recent developments in property law in European jurisdictions and in European Union law. It analyses the ways in which these frameworks adapt to modern challenges such as climate change, digitalisation, an ageing population and the effects of pandemics. The Research Handbook on European Property Lawprovides a forward-thinking and topical examination of the field, critically dissecting its foundations as well as its parameters. Chapters explore topics such as sustainable and circular property law; globalisation; ownership as a source of social obligations; sharing property among generations; the rise of the data economy; and the need for a workable interface between European Union law and national property law. Contributing authors crucially highlight how analysis of property law has become part of mainstream comparative law narratives. This Research Handbook is an important resource for students and academics in European law and property law. Practitioners interested in how global developments have an impact on rethinking basic property law notions will also find it a thought-provoking read.
Research Handbook on Law and Utilitarianism
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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.
Research Handbook on the History of Trademark Law
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Presenting a variety of historiographical approaches, this Research Handbook explores the historical development of trademarks and the associated commercial practices of branding. It has an international scope, covering trademark history in Australia, Israel, pre-modern Europe, Sweden, the UK and the US. Bringing together a carefully selected group of experts, this Research Handbook assesses a broad range of topics including registration systems, branding, distinctiveness, use and ownership, the role of colour, secondary liability and marks as property. It explores the nature and function of trademarks as well as the development of legislation and administrative frameworks regulating marks in the 19th and 20th centuries. In addition, it features important case studies on Guinness, Jaeger, Jaffa, and Swedish Match, and offers new insights into the history of the UK Trade Mark Registration Act and the US Lanham Act. Enriching understandings of the history of trademark law, this Research Handbook is an indispensable read for intellectual property scholars, legal historians and law students. Legal practitioners working in the intellectual property field will also find it to be a useful resource.
Sites of Statelessness
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Statelessness is incessantly produced in seas, cities, and law. Building around the postcolonial experiences of statelessness Sites of Statelessness examines the entanglements of citizenship policies and practices with the spread of statelessness in contemporary times, something that defies any kind of a citizen/stateless binary. These policies are significant, the background of a shift in emphasis from jus soli to jus sanguinis, the proliferation of borderland populations and nowhere people, population flows across (post)colonial border formations and boundary delimitations, and the growth of regional, formal, and informal labor markets characterized by immigrant labor economies. In this context, contributors address the distinctive dynamics of the different sites in the production of statelessness and considers the impact of these sites as critical and does not merely treat them as a backdrop. They argue that these different sites evoke different histories and repertoires and also bring different possibilities of alignment with emerging problematics.
Tort liability in warfare : states' wrongs and civilians' rights
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With a fresh perspective informed by corrective justice, the law of war, and rule of law principles, this book provides a novel framework for understanding the obligation of states to its citizens in the aftermath of conflict.
The transnational law of renewable energy
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The Transnational Law of Renewable Energy provides a unified and comprehensive analysis of the transnational law that governs renewable energy projects, providing a transnational legal approach to derisking these projects. The volume establishes the first transnational lex regenerative, or transnational law of renewable energy.
