Artificial Intelligence and Big Data
by
This timely book explores how Artificial Intelligence (AI) and Big Data contribute to the evaluation of the rule of law (covering legal arrangements, empirical legal research, law and technology, and international law), and social and economic development programs in both industrialized and developing countries. Issues of ethics and bias in the use of AI are also addressed and indicators of the growth of knowledge in the field are discussed. Interdisciplinary and international in scope, and bringing together leading academics and practitioners from across the globe, the book explores the applications of AI and big data in Rule of Law and development evaluation, identifies differences in the approaches used in the two fields, and how each could learn from the approaches used in the other, as well as differences in the AI-related issues addressed in industrialized nations compared to those addressed in Africa and Asia. Artificial Intelligence and Big Datais an essential read for researchers, academics and students working in the fields of Rule of Law and Development, and researchers in institutions working on new applications in AI will all benefit from the book's practical insights.
Elements of Quebec civil law : a comparison with the Common Law of Canada
by
Canada has multiple legal traditions, including the civil law and the common law. In this book, Elements of Quebec Civil Law: A Comparison with the Common Law of Canada, accomplished academics review the key fields of Quebec civil law—property, trusts, contracts, extracontractual civil liability, and private international law—in English. Each chapter sets out the legal rules specific to the field in question, and the authors analyze, compare, and critique their similarities and differences with Canadian common law. The book also includes a chapter on comparative law and Canadian bijuralism, as well as one outlining the history of Quebec civil law. Accordingly, the book can serve as a resource for both legal professionals and Canadians who wish to learn more about Quebec’s legal system.
Expert Evidence, 4th Edition
by
"Expert evidence creates numerous problems for lawyers and judges. The Supreme Court of Canada has recognized such dangers, including misleading and confusing expert evidence, expert evidence that distorts the fact-finding process, and lawyers' difficulty challenging expert evidence. In this new, fully updated edition, Glenn Anderson eases the strain of managing expert evidence through his detailed analysis of the law across all provinces in Canada, from both civil and criminal law perspectives. He also discusses potential reforms to improve the impartiality of expert witnesses and the reliability of expert evidence and its evaluation."
Frustration of contract
by
Includes table of cases and table of statutes.
Includes bibliographical references and index.
"Frustration is perhaps the strongest legal intervention in a contract bringing it to a termination when an unexpected catastrophe makes the contract radically different from that to which the parties agreed. This book is a comprehensive treatment of the law of frustration in Canada and is the first book on that subject. The book examines what circumstances lead to frustration (and which do not) and it discusses the consequences of frustration. The book also examines the use of force majeure clauses that obviate the need for the doctrine of frustration."-
Fundamental principles of Canadian unjust enrichment
by
"This book provides a concise introduction to the Canadian law of unjust enrichment, filling a gap in the market for a practical overview of restitutionary liability. It covers the basic principles, juristic reasons for reversing enrichments, defences, and restitution, highlighting unique aspects of Canadian law like remedial constructive trusts and the civilian-inspired test of injustice. The book takes a practical approach, citing recent cases and using diagrams to illustrate key concepts. A clear and accessible guide to Canadian unjust enrichment law, ideal for judges, lawyers, and students seeking a practical understanding of restitutionary liability
Grandfather of the treaties : finding our future through the Wampum Covenant
by
When Daniel Coleman went into his office in McMaster University on a beautiful April morning in 2006 he was startled to see over thirty police vehicles parked on campus, and soon discovered that the campus was providing lodging for the officers who had raided the site of an Indigenous land dispute near the town of Caledonia. This discovery changed how Coleman thought about Indigenous issues, which he’d long supported, bringing home that there is no part of life in Canada where you are outside of the broken relationship between the nation of Canada and the Indigenous nations who have lived here since time immemorial. This began Coleman’s journey, working closely with Indigenous scholars, to understand more fully that relationship and to find a way to repair not only it, but our relationship with the land we call home. In Grandfather of the Treaties Coleman introduces the founding Wampum covenants that the earliest European settlers made with the Haudenosaunee nation and shows how returning to these covenants, and the ways they were made, could heal our society.
Health Law As Private Law
by
Health Law as Private Law delves into the complex relationship between private law and health care. During the COVID-19 pandemic, the importance of public ordering and state-created rules was evident, yet this work reveals the equally important role of private agreements in shaping health care policy. The volume's five sections - theory and structure, reproductive care, costs and financing, innovation and institutions, contracts and torts - include innovative conceptualizations and approaches to applying private law to health law. Chapters authored by leading experts explore how private law can be utilized to address significant health care and public health problems, and to achieve much-needed health care reform. Comprehensive and timely, Health Law as Private Law opens new pathways that will influence future policy, jurisprudence, and regulation. This title is also available as open access on Cambridge Core.
The Impasse in Constitutional Rights Theory
by
Constitutional rights are often seen as invitations to engage in all things considered moral reasoning about how public authorities should act. The Impasse of Constitutional Rights challenges this widely accepted view by showing that it generates an irresolvable deadlock between rival theories of constitutional rights that share the same defects. This Element develops the alternative idea that rights-based constitutional order has its own distinctive moral project, which consists in rendering public authority accountable to the inherent rights of each legal subject. Taking this project seriously requires reconceiving the basic building blocks of rights-based constitutional order: justification, purposive interpretation, and proportionality. The resulting account both escapes the impasse to which the leading contemporary theories of constitutional rights succumb and expounds the normative connection between rights-based constitutional order and its most fundamental doctrines.
The Jurisprudence of the Caribbean Court of Justice and Regional Integration
by
The book is a joint publication with equal contributions by Dr. Indira Rampersad and Justice Dr. Anthony Gafoor. It presents the first comprehensive analysis of the jurisprudence of the Caribbean Court of Justice in both its original and appellate jurisdictions from 2005 to 2020. It seeks to address the central issue of whether the jurisprudence of the CCJ has the capacity to foster regional integration. Through a series of semi-structured interviews, primary and secondary sources, the book harnesses the dynamic interplay between the disciplines of International Relations and Law. It claims that by attempting to uphold the rule of law and promote both economic and non-economic forms of the second generation regional integration, the CCJ aims to inculcate a sense of obligation among member states to uphold both economic agreements and non-economic community rights and values.
The Logic of Precedent
by
Unlike statutory law, which relies on the explicit formulation of rules, common law is thought to emerge from a complex doctrine of precedential constraint, according to which decisions in earlier cases constrain later courts while still allowing these courts the freedom to address new situations in creative ways. Although this doctrine is applied by legal practitioners on a daily basis, it has proved to be considerably more difficult to develop an adequate theoretical account of the doctrine itself. Drawing on recent work in legal theory, as well as AI and law, this book develops a new account of precedential constraint and the balance achieved in the common law between constraint and freedom. This account, which involves construction of a group priority ordering among reasons, is then applied to other topics including the semantics of open-textured predicates and the practice of making exceptions to general rules.
Public International Law in a Nutshell
by
This edition of Public International Law in a Nutshell remains a concise yet accurate summary of the field of public international law, covering its basic structure, sources, actors, and procedures, and key subject matter areas, such as human rights, the law of the sea, international environmental law, use of military force, and U.S. foreign relations law. This edition, which is intended to be helpful for students, scholars, and practitioners alike, is fully updated to include recent treaties, practice, institutions, and International Court of Justice decisions.
Reconstructing Parentage
by
Reconstructing Parentage is a comprehensive investigation into what makes someone a parent. Drawing on liberal-egalitarian philosophy, the book argues that the community must ensure children's basic rights, including their right to a parent. In light of parenthood's political foundation, no adult could have a natural right or duty to parent based in genetics, procreation, caregiving, or intentions. Nevertheless, by scrutinizing existing law, the book uncovers a limited role for each intuitive basis of parentage and reassembles them into a pluralistic system of parentage law. Reconstructing Parentage offers a timely and thought-provoking analysis of a complex and contentious issue in modern society.
Rediscovering Turtle Island
by
An exploration of Indigenous cosmology and history in North America * Examines the complexities of Indigenous legends and creation myths and reveals common oral traditions across much of North America * Explores the history of Cahokia, the Mississippian Mound Builder Empire of 1050-1300 CE, told through the voice of Honga, a Native leader of the time * Presents an Indigenous revisionist history regarding Thomas Jefferson, expansionist doctrine, and Manifest Destiny While Western accounts of North American history traditionally start with European colonization, Indigenous histories of North America--or Turtle Island--stretch back millennia. Drawing on comparative analysis, firsthand Indigenous accounts, extensive historical writings, and his own experience, Omaha Tribal member, Cherokee citizen, and teacher Taylor Keen presents a comprehensive re-imagining of the ancient and more recent history of this continent's oldest cultures. Keen reveals shared oral traditions across much of North America, including among the Algonquin, Athabascan, Sioux, Omaha, Ponca, Osage, Quapaw, and Kaw tribes. He explores the history of Cahokia, the Mississippian Mound Builder Empire of 1050-1300 CE. And he examines ancient earthen works and ceremonial sites of Turtle Island, revealing the Indigenous cosmology, sacred mathematics, and archaeoastronomy encoded in these places that artfully blend the movements of the sun, moon, and stars into the physical landscape. Challenging the mainstream historical consensus, Keen presents an Indigenous revisionist history regarding Thomas Jefferson, expansionist doctrine, and Manifest Destiny. He reveals how, despite being displaced as the United States colonized westward, the Native peoples maintained their vision of an intrinsically shared humanity and the environmental responsibility found at the core of Indigenous mythology. Building off a deep personal connection to the history and mythology of the First Peoples of the Americas, Taylor Keen gives renewed voice to the cultures of Turtle Island, revealing an alternative vision of the significance of our past and future presence here.
The Responsibility to Protect in International Law
by
This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.
Standing on High Ground
by
What am I doing to address the climate crisis? How far will I go to defend the earth? What price am I willing to pay for climate justice? Since 2014, hundreds of people have been arrested while engaging in non-violent civil disobedience to protest the "TMX" Trans Mountain pipeline project. Standing on High Ground: Civil Disobedience on Burnaby Mountain includes twenty-five stories of people who put themselves on the line for climate justice. While some of those arrested were longtime activists, others felt compelled to act for the first time in their lives. Editors Rosemary Cornell, Adrienne Drobnies, and Tim Bray showcase the profiles of Indigenous leaders, academics, faith leaders, political leaders, engineers, artists and writers, scientists, physicians, and ordinary folk from diverse backgrounds and experiences. Their reflections on the protests and their arrests explore our moral duty to future generations, government's collusion with corporate power, the violation of Indigenous Law, and unsustainable worldviews. Climate activists in protest movements such as the one against the TMX pipeline are critical in the existential fight for a sustainable future and habitable planet. They show us that we can all take a stand.
Swimming up Niagara Falls! : the battle to get disability rights added to the Canadian Charter of Rights and Freedoms
by
This is the personal memoir of blind lawyer and volunteer disability rights advocate David Lepofsky. It describes his involvement in and perspectives on the successful fight from 1980 to 1982 to get Canada?s proposed Charter of Rights amended to guarantee equal rights for people with disabilities. It includes a foreword by the Hon. Rosalie Abella, former Justice of the Supreme Court of Canada. This memoir recounts the little-known saga of the disability amendment to the Charter. Few know that equality for people with disabilities was the only constitutional right added to the Canadian Charter of Rights and Freedoms during the widely publicized 18-month battle over the patriation of Canada?s Constitution, from October 1980 to April 1982. It is aimed at anyone interested in disability rights, human rights, Canadian political or legal history, social justice advocacy, and Canadian constitutional law. It provides a mix of legal and legislative history, personal autobiography, grassroots advocacy strategy and reflective commentary on lessons learned. It compares social justice advocacy techniques in 1980 to those practiced in the disability rights arena four decades later."-
Vanishing Legal Justice
by
A full trial has become an uncommon phenomenon in many legal systems, replaced largely by promotion of settlement and plea-bargaining. This book uncovers today's judicial role in this radically changed legal setting using multiple methods. Over five years, researchers analyzed court dockets, studied judges in action, and conducted interviews with judges and lawyers. This book, which spans several legal cultures, follows in the footsteps of the 'vanishing trial phenomenon', probing its existence beyond common law systems. In doing so, it provides insights into the changing judicial role and the metamorphosis of legal systems. Offering a new perspective on possible futures of legal systems, including the use of artificial intelligence, the authors provide a rich context for legal scholars and policymakers to redesign the architecture of conflicts. Moreover, they introduce new jurisprudential perspectives on the relationship between law and conflict resolution, with an emphasis on the judicial role.
We are a river : 100 years of treaty 11
by
"Uses reporters' images of Treaty 11 anniversary events to explore how Dene people and non-Indigenous people understand the treaty. The book is authored by Shutoatine broadcaster and former chief Paul Andrew alongside longtime northerner and former land claims negotiator Patrick Scott. It draws on thousands of photos taken by Native Communications Society reporters at 100th-anniversary Treaty 11 gatherings along the Mackenzie River during the summer of 2021. In telling the story of those events, Andrew and Scott say the book explores the deeper meaning of the oral version of the treaty to Dene people and the way in which that clashes with the written version as understood by non-Indigenous people.
Wînipêk : visions of Canada from an Indigenous Centre
by
The story of a people told through the story of a city. Niigaan Sinclair is often accused of being angry in his columns. But how can he not be? In a collection of writing that spans the discovery of hundreds of unmarked graves at residential school sites, the murder of young Indigenous girls, and the indifference towards the basic human rights of his family members, this book is inspired by his award-winning columns 'from the centre.' Niigaan examines the state of urban Indigenous life and legacy. At a crucial moment in Canada's reckoning with its crimes against the Indigenous peoples of the land, one of our most essential writers begins at the centre, capturing a web spanning centuries of community, art, and resistance. Based on years' worth of columns in the Winnipeg Free Press, CBC, and elsewhere, Niigaan Sinclair delivers a defining essay collection on the resilience of Indigenous peoples. Here, we meet the creators, leaders, and everyday people preserving the beauty of their heritage one day at a time. But we also meet the ugliest side of settler colonialism, and the communities who suffer most from its atrocities. Sinclair uses the story of Winnipeg to illuminate the reality of Indigenous life all over what is called Canada. This is a book that demands change and celebrates those fighting for it, that reminds us of what must be reconciled and holds accountable those who must do the work. It's a book that reminds us of the power that comes from loving a place, even as that place is violently taken away from you, and the magic of fighting your way back to it.
Advanced introduction to international trade law
by
"This updated third edition of what has become a modern classic provides a succinct overview of the fundamental concepts of international trade law. Written by two leading scholars with 70 years of collective experience in the area, it discusses the basic structure and principles of trade law alongside specific GATT and WTO legal rules and institutions. Key Features: - Presents accessible analytical summaries of trade law - Considers key legal concepts in diverse historical, political and economic contexts - Explores new areas including sustainable development, digital trade, gender, and security exceptions - Makes connections between different areas of trade law to create an integrated summary of the field - Includes extensive updates to refer to the most recent cases, decisions, and treaty negotiation developments Interdisciplinary in scope, this authoritative third edition is designed for students and scholars of law, economics, political science, and international relations. Its insights will also benefit policy advisors, government officials, journalists, economists, and NGOs seeking to further their understanding of international trade law and policy"
Comparative Administrative Law
by
Providing an overview of the history and methods of legal comparison as applied to the field, this topical book traces the origin, evolution and transformation of administrative law in various jurisdictions across the globe. It examines the tendencies of convergence as well as the preservation of distinctive traits within international legal systems. Giulio Napolitano and Leonardo Parona explore the rise of a modern bureaucracy with special powers and safeguards in France and in Europe and its most recent achievements; the invention and the reformation of the Regulatory State in the United States; the hybrid system of public law used in South America; the constitutionalization and institutionalization process in Africa; the Chinese path towards rule of law; and the development of administrative law in South East Asia, Australia and New Zealand. They combine both theoretical and practical approaches to the analysis of a wide array of legal topics, including public functions, delegations and outsourcing; admin
Comparative Civil Procedure
by
Bringing together an international array of legal scholars, this discerning Research Handbook provides a comparative analysis of civil procedure law. Chapters examine the rules that dictate how a civil dispute is initiated, processed, decided and enforced in a court of law, comparing each aspect of the procedure across continents including Asia, Europe and the Americas. The Research Handbook delves into the fundamental principles of civil procedure, access to evidence and the psychology of procedural justice, drawing on in-depth and contextualized studies from the Global North and South. Adopting a forward-thinking approach, the contributing authors look to the future of civil dispute resolution, discussing potential developments in processes such as the digitization of judicial procedure and deciding lawsuits outside of courts. Presenting invaluable new perspectives on civil procedure law, this comprehensive Research Handbook is an essential read for scholars and practitioners in international practice and transnational litigation. It will also benefit students and researchers interested in dispute resolution, comparative politics and sociology.
Competition Law in ASEAN
by
This book provides an unparalleled comprehensive treatment of the competition laws of the ASEAN member states. Taking a unique thematic approach, the book covers the ASEAN approach to anti-competitive agreements, abuse of dominance, mergers and combinations, exemptions, investigations, enforcement, remedies and appeals. The book also describes the role and functions of ASEAN competition institutions. Drawing on legislation, case law, guidelines and practice notes from within ASEAN and from other jurisdictions, including Australia, the EU, the UK and the USA, the book offers a holistic description and analysis of the competition laws of the ASEAN member states, considering not only their scope and reach, but also describing how economic concepts and tools are applied. >Key Features Unique thematic approach with jurisdictional details integrated within the analysis In-depth explanation and analysis of the competition laws of ASEAN member states Expands on the role of ASEAN competition institutions and appellate bodies Describes how economic concepts and tools are applied in competition law analysis Draws on laws and practice from Australia, the EU, UK and USA to explain and interpret ASEAN competition law Competition Law in ASEANis an essential resource for practicing lawyers and regulators requiring an in-depth understanding of competition law in ASEAN. It also provides a platform for academic research in the field, and for legislators pursuing competition law reform.
Courts to the Rescue of the Public Interest
by
This timely book examines the increasing pressure on courts to protect underrepresented matters of public interest at the risk of political reprisals. Rob van Gestel provides critical insights into the role of courts amidst the escalating global trend of the judicialization of politics due to ineffective government legislatures. The book illustrates that courts cannot avoid policy-making in public interest cases, and demonstrates that the legitimacy of judicial lawmaking in these instances extends beyond a correct interpretation of the law. Chapters explore the different strategies used by judges across jurisdictions in Europe, the USA, India and South Africa to legitimize their decisions in contentious public interest cases. He discusses a number of global landmark cases, including the Urgenda Climate Case in the Netherlands and the Treatment Action Campaign Case on the prevention of HIV transmissions in South Africa. NGOs and lawyers engaging in public research litigation will greatly benefit from this insightful book, as will scholars who are interested in methods of judicial lawmaking. This book will also be a vital resource for judges, students and political scientists alike.
Determann's Field Guide to Data Privacy Law
by
Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Lawcomes into its own - identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society. New to this Edition: Practical tips for compliance automation, data protection impact assessments Expanded and additional checklists for CCPA, GDPR, and general compliance Updated guidance regarding protecting privacy and data of children and youths Strategic tips regarding jurisdictional nexus, corporate structures, and "one stop shop" benefits Cybersecurity and data breach notification trends, requirements, and incident preparedness checklist Artificial intelligence sy
Disclosure in Criminal Proceedings
by
Disclosure issues affect every stage of the criminal investigation and subsequent proceedings. It has been the subject of numerous critical reviews for more than a decade, but no single text has sought to draw the product of those reviews together in one place. Disclosure in Criminal Proceedings is the only practitioner text on the market to explore in detail this vital aspect of criminal procedure. Revised guidelines for managing disclosure in criminal cases were promulgated by the Attorney General in 2020, and have been updated since, but disclosure failures continue to occur. When miscarriages of justice happen, often it is because the approach to disclosure taken by the prosecution, the defence, and the court was flawed. In its second edition, written by a team of authors drawn from the ranks of Treasury Counsel, Disclosure in Criminal Proceedings provides a step-by-step analysis of how the rules of disclosure operate throughout the life of a criminal case, from the initial investigation through to any tr
Elgar Concise Encyclopedia of Law and Literature
by
The Elgar Concise Encyclopedia of Law and Literaturesurveys the intersection between two important fields of study. Interdisciplinary in scope, the volume showcases the many ways in which literary and legal methods and insights both converge and remain distinct. Written by an international collective of expert contributors, the Encyclopedia brings together a wide variety of perspectives on the diverse legal and literary traditions. Entries balance history, theory, criticism, and traditional legal categories such as defamation, equity, evidence, and trials. Topics covered include recognised areas of law such as blackmail, felonies, wills, and literature such as gothic fiction, satire, and tragedy. Recent and emerging topics include environmental personhood, Undocu Literature, and Black Lives Matter poetry. This Encyclopedia is an invaluable resource for law students, researchers and scholars working in law or literature as separate disciplines, and in the increasingly important interdisciplinary space of law
Elgar Concise Encyclopedia of Space Law
by
Providing a comprehensive and timely overview of the evolving landscape of space law, this Encyclopedia emphasises the importance of international collaboration in maintaining outer space as a peaceful domain. This Encyclopedia illustrates how the demise of the bipolar world order changed the paradigm of international legal developments in outer space activities, whilst the need to guarantee the security, safety, and sustainability of space remained unchanged. The rise of the private space industry necessitates new legal approaches that balance the fast pace of technological advancements with the needs of all stakeholders, including operators. This can be seen in various licensing regimes which seek to foster innovation while at the same time preserving national interests. The Elgar Concise Encyclopedia of Space Lawis an essential resource for students, academics, and practitioners of public international law and transport law, as well as for policymakers and stakeholders within international aerospace organizations and academies. Key Features: Over 80 entries written by leading scholars and practitioners from five continents Addresses the complexities of space law including suborbital flights, cybersecurity, space resource utilization, and the prospect of lunar settlements Explores the rise of private space ventures, technological advancements, and the challenges they pose to existing legal frameworks
Employment Law for a Brave New World
by
This forward-thinking book focuses on current and future challenges facing employment law in Australia, New Zealand and the UK. Leading experts in the field discuss the need for legislative intervention in the three nations and examine differences in their judicial attitudes. Chapters explore the need for stronger regulatory employment models to ensure the economic security and personal autonomy of workers. They also highlight the need for enhanced support and flexible working conditions, particularly for casual workers and those on the margins of the workforce. The book debates the ethics of surveillance technology and draws parallels between excessive control and psycho-social harm in the workplace. Reflecting on the global fallout of the COVID-19 pandemic, it addresses the impact of shifting professional relationships on working conditions and contracts, which are predominantly dictated by employers. An essential resource for students in employment law, human resources management and industrial relations
Esports Law and Practice
by
Esports Law and Practiceserves as an authoritative guide to the rapidly expanding field of esports law. This comprehensive work provides detailed analysis of all aspects of this complex and multifaceted sector. It delves into the history and development of the evolving legal landscape, offering practical insights into the challenges and opportunities that esports presents. Key Features: Explores the relationship between esports and traditional sports Provides a comprehensive overview of integrity and governance issues in esports Covers dispute resolution mechanisms in the context of IP matters and investor-State disputes Delves into key topics such as mergers and acquisitions, antitrust issues and tax considerations Analyses governance structures and regulatory challenges, including the regulation of loot boxes, match-fixing, doping and employment contracts Highlights the importance of intellectual property rights and examines the critical role of copyrights, trademarks and trade secrets in the esports indu
The EU Constitution in Time of War
by
Russia's illegal aggression against Ukraine has been a watershed moment for the European Union (EU). The return of large-scale conventional warfare to the European continent, unseen since the Second World War, shattered the illusion of perpetual peace and forced the EU to confront the reality of hard power. Originally created to maintain internal peace, the EU was never conceived to handle the challenges of war. Yet, the war in Ukraine required the EU to repurpose its machinery of government to do just that. Embracing a comparative analytical framework, this book examines how the EU constitution has functioned in response to Russia's aggression. It scrutinizes the EU's legal reactions across five key policy areas: foreign, security, and defence policy; economic and fiscal policy; justice and home affairs; energy and industrial policy; and enlargement and reform. In doing so, it investigates whether the EU constitution has enabled the EU to respond effectively to the war, how EU treaties have been interpreted
Implementing Transboundary Water Agreements
by
Interdisciplinary and international in scope, this detailed book examines the types of compliance and implementation mechanisms that can support transboundary water cooperation. Alistair Rieu-Clarke draws upon a range of theoretical accounts, case studies from the Danube, Orange-Senqu and Mekong rivers, and treaty practice to provide recommendations for the design and revision of transboundary water agreements. Delving into the role of international law in promoting treaty implementation and compliance, Rieu-Clarke reviews the extent to which these mechanisms are considered within the text of over 400 transboundary water agreements. Implementing Transboundary Water Agreementsis an important resource for academics, researchers and students of international law and international relations as well as those specialising in water law. Legal professionals, inter-governmental and non-governmental organisations and policymakers will equally benefit from the book's practical insights.
An International Human Rights Law of Cooperation
by
This incisive book examines how states bear responsibility for human rights protection when they cooperate. Focusing on the European Convention on Human Rights (ECHR), it explores the challenges of international cooperation to international human rights law and uncovers how, nonetheless, human rights provisions may turn into an international human rights law of cooperation and regulate inter-state interaction. Prisca Feihle discusses the meaning of international cooperation to human rights law, engaging in detailed analysis of case-law to illustrate how the European Court of Human Rights (ECtHR) addresses cooperation between states in a range of areas including migration policies, surveillance measures or criminal investigations. Developing a comprehensive framework for states' human rights responsibilities in international cooperation, she puts forward insightful recommendations on what human rights law under the ECHR demands of states beyond these specific subject matters. Suggestions concern the ECHR's interactions with the law of international responsibility, interpretational method and the scope of application and content of human rights provisions in relation to inter-state interaction affecting individuals. This judicious book is a vital resource for students and scholars of public international law, particularly those with an interest in the law of international responsibility, human rights law and especially the ECHR and ECtHR. It will also benefit those studying international relations, as well as practitioners and policymakers in the field of human rights law.
Judicial Character in Hard Times
by
'Hard times is a scalar description that can cover a wide range of states of affairs, from the erosion of "rule of law" legal and institutional settings to new challenges for the judiciary, such as the supranational practice of judging or political and social polarisation. This book offers detailed and insightful analysis of specific judicial virtues (judicial courage, lawfulness, empathy, independence, deliberative skills, fidelity), useful to face many of those risky situations. The exploration of these and other virtues is pioneering, accurate and well contextualized and proves how judicial virtues are important resources for the practice of law.' - Isabel Trujillo, University of Palermo, Italy
Law, the Sharing Economy, and Platform Technology Businesses
by
In this innovative book, Juan Diaz-Granados and Benedict Sheehy offer a meticulous examination of the legal foundations, structures and challenges, as well as potential solutions for the legal and regulatory issues posed by the rise of platform-based businesses. With examples drawn from the Sharing Economy, such as Uber and Airbnb, Diaz-Granados and Sheehy demonstrate how law facilitates and constrains the operation of these companies as they deliver convenient goods and services. They offer fresh insights into how and why these platforms disrupt existing legal norms, economic markets and social practices. The authors' analysis provides an innovative law-based model, the Platform Operator-User-Provider model ("PUP"), which forms a foundation for their evaluation. Using this model, they are able to identify and differentiate a variety of PUPs not previously understood, but which differentiation makes their analysis and regulation significantly clearer. They explore potential legal categorizations of the PUP's
The Law on Nuclear Weapons
by
This book provides a uniquely clear and comprehensive statement of the law on nuclear weapons. It draws on the insight and input of a group of 15 experts from around the world and in so doing crafts an authoritative text that sets out not only the positions of a number of states but a carefully articulated guide to this complex area of law. Building upon the platform of Boothby and Heintschel von Heinegg's earlier work, this book addresses in much greater depth and detail, and with the authority endowed by the team of experts, how international law deals with the possession and use of nuclear weapons, as well as the deterrence policies associated with them. It presents an in-depth exploration of the law, detailing its implications and providing practical guidance on challenging issues. The book examines sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law, and war crimes, considering the impact of recent events and trends. Key Features: Provides a clear and comprehensive statement of the law on nuclear weapons Discusses implications for nuclear command, control and communication policies Features systematic coverage of the national doctrines of nuclear weapon States Sets out 76 customary rules with commentary that articulate the scope of the field Explains non-proliferation and prohibition treaties and compares their approaches Documents the conflicting views of nuclear deterrent States and prohibitionist States, as well as the judgement of the International Court of Justice Reflecting the complexities of nuclear weapons law in an objective and accessible manner, this book is an essential resource for legal practitioners in public international law and terrorism and security law, as well as government and military decision makers, nuclear policymakers, think tanks, and NGOs.
Lawyers in 21st-century societies : National reports. / vol. 1 ; 1st ed.
by
The world's legal professions have undergone dramatic changes in the 30 years since publication of the landmark three-volume Lawyers in Society, which launched comparative sociological studies of lawyers. This is the first of two volumes in which scholars from a wide range of disciplines, countries and cultures document and analyse those changes. The present volume presents reports on 46 countries, with broad coverage of North America, Western Europe, Latin America, Asia, Australia, North Africa and the Middle East, sub-Saharan Africa, and former communist countries. These national reports address: the impact of globalisation and neoliberalism on national legal professions (the relationship of lawyers and their professional associations to the state and tensions between state and citizenship); changes in lawyer demography (rapidly growing numbers and the profession's efforts to retain control, the entry of women and obstacles to full gender equality, ethnic diversity); legal education (the proliferation of institutions and pedagogic innovation); the regulation of lawyers; structures of production (especially the growth of large firms and the impact of technology and paraprofessionals); the distribution of lawyers across roles; and access to justice (state-funded legal aid and pro-bono services). The juxtaposition of the reports reveals the dramatic transformations of professional rationales, labour markets, and working practices and the multiple contingencies of the role of lawyers in societies experiencing increasing juridification within a new geopolitical order
The Predominant Interest Concept and Maritime Delimitation
by
Exploring how international jurisprudence has catalysed the development of maritime delimitation law, this accessible book explores the 'predominant interest' concept and analyses global case studies, as well as landmark legal proceedings. Nicholas A. Ioannides provides a comprehensive overview of the delimitation process, identifying the criteria used to determine how maritime areas are delimited. The book highlights how international courts and tribunals in delimitation cases have mainly relied on geographical factors, disregarding non-geographical elements, although they are at the core of the continental shelf and Exclusive Economic Zone concepts. Ultimately, Ioannides suggests that non-geographical factors should be taken into account in maritime delimitation in aggregation under the cloak of 'predominant interest' in order to reach an equitable result. Highlighting how predictability should be safeguarded, and equitability should be enhanced, Ioannides outlines the importance of, among others, fishing, security, defence and navigation interests for individual states arguing for control over maritime zones. Discussing an array of case studies, this is a useful toolkit for international law academics and students, as well as judges ruling on maritime delimitation cases. It will also be an essential guide for state government personnel involved in delimitation disputes.
The principle of legality : a moral theory
by
The Principle of Legality' reopens the question of what happens when statutory interpretation overrides common law rights and principles. Drawing on the philosophy of language and general jurisprudence, it demonstrates that judges, when invoking the 'principle of legality', are in fact engaging in profound moral reasoning.
The Public Understanding of Law
by
This insightful book discusses how law schools engage with the public to expand the public's understanding of the law. It shows that effective engagement is achieved through recognising the university and the public as part of a shared community, working towards both individual and collective goals. Peter Smith explores the concept of public engagement and the methods employed by the law schools that partake in it. By examining the historical roles of universities and law schools, he develops a model of engagement, detailing the organisation, ideas, choices and values of these institutions. This unique book demonstrates that public engagement is a vital aspect of the work of law schools, and advocates for a relationship between these establishments and the public that values the expertise, experiences and requirements of both parties. Researchers and educators with an interest in legal education, pedagogy and law and society will greatly benefit from this innovative book. It will also be a crucial reference for those who are researching the role of universities in society and public engagement with higher education institutions.
A Research Agenda for Environmental Law
by
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. As environmental crises become ever more urgent and severe, it is crucial to reflect on the potential solutions that the law can offer. This timely Research Agenda introduces new directions for study and practice, presenting insights into the role of environmental law in securing a sustainable society. Josephine van Zeben and Chris Hilson bring together a wide range of expert contributors to analyse cutting-edge developments in environmental law. Drawing on interdisciplinary material, they introduce novel conceptual frameworks and explore important topics including degrowth, rewilding, circular economy, the regenerative, corporate climate litigation and sustainable finance. A Research Agenda for Environmental Lawhighlights pressing legal strategies and avenues for develop
A Research Agenda for Patent Law
by
Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary. In this prescient book, expert authors identify key areas of development, conflict and tension within patent law, providing crucial insights into the field to steer future research and policymaking. Encompassing traditional and cutting edge technologies, chapters examine the interactions between patent law and a wide range of pertinent sectors including the information and communications technology, pharmaceutical and biotech industries. Leading and emerging scholars examine key issues such as the patenting of core AI innovations in Europe, how best to achieve fair and equitable grants for patents on genome editing inventions, and the patenting strategies of pharmaceutical companies. Ultimately, this Research Agenda advocates for the redirection of future patent policies towa
Research Handbook on Competition and Technology
by
This Research Handbook provides a comprehensive exploration of the relationship between digital technologies, competition and market dynamics, from a multidisciplinary perspective. Leading specialists in the field examine the intersection between competition law and other policy areas, such as data protection, intellectual property and labour law. A distinctive feature of the Handbook is its in-depth analysis of how competition policy tools have adapted to address the challenges posed by the unique attributes of digital technologies. This focus positions the Handbook as an invaluable resource for understanding the profound changes artificial intelligence will introduce to the competition policy landscape. Individual chapters discuss the different contexts in which competition and technology intersect, including; antitrust damages, e-commerce, information exchange, technological change and vertical agreements in relation to data and market power. The contributing authors also shed light on the impact of geopolitics on mergers and acquisitions, as well as the role of the gig economy in studies of labour law. Additional insights include case studies on antitrust policies on social media and an analysis of the landmark European Media Freedom Act legislation. This Research Handbook is a crucial resource for students and academics in competition and antitrust law, and internet and technology law. It will also greatly benefit economists interested in competition theory and policy, government officials from national competition authorities and lawyers specialising in competition law.
Research Handbook on Investment Law and Sustainable Development
by
This cutting-edge Research Handbook examines how investment law and policy can foster or frustrate sustainable development goals and accords. Expert authors explore opportunities for environmental, social, and economic rules to shape international investment flows, advancing global sustainability and justice. Featuring contributions from leading professors and practitioners, the Research Handbook analyzes innovative legal procedures including sustainability impact assessment, examines new treaty provisions advancing Sustainable Development Goals (SDGs), and considers emerging practices in dispute resolution. Chapters evaluate evolving international investment rules in light of recent law and policy changes, outlining strategies for incentivizing more sustainable development. Ultimately, they argue that international law can and should guide investment decisions which affect human rights, environmental protection and poverty eradication. Presenting novel proposals, this Research Handbook is a crucial resource for scholars and practitioners in international investment law, environmental law, human rights law, and sustainable development law. Its insights will also benefit policy leaders in governments, tribunals and international organizations.
Research Handbook on Law and Time
by
This Research Handbook explores the interactions between law and time, demonstrating how both are pivotal in the organization of human activities, including legal proceedings and societal functions. The book expands upon the structural relationship between law and time, examining how societies and legal systems coordinate around timing conventions and how the use of time constraints can alter litigation and deter socially destructive behavior. Expert contributors evaluate transition and timing rules, analyzing the 'dilemma of waiting', delayed implementation, the use of temporary laws in emergency situations, and third-party losses arising from delays. They also investigate practical issues such as mandatory retirement, how statutes of limitations work, and the impact of legal developments over time. Illustrating the importance of time in legal processes and decision-making, the Research Handbook on Law and Timeis an essential resource for students and scholars of constitutional and administrative law, lega
Standardizing Personal Data Protection
by
Standardizing Personal Data Protection is the first book focusing on the role of technical standards in protecting individuals as regards the processing of their personal data. Through the lenses of legal pluralism and transnational private regulation, the book studies the interaction of standardization as a private semi-autonomous normative ordering, and data protection law. It traces the origins of standardization for EU policy and law, provides an evolutionary account of worldwide standardisation initiatives in the area of data protection, privacy, and information security, and delves into the concept of technical standards, its constitutive characteristics, and legal effects.The book addresses two key aspects. Firstly, it explores how data protection law, such as the General Data Protection Regulation (GDPR), works as a legal basis for technical standards. To identify standardization areas in data protection, the book proposes an analytical framework of standards for legal compliance, for beneficiaries, and meta-rules. Secondly, the book examines how procedural legitimacy issues, such as questions of transparency, representation, and accessibility, frame and limit the suitability of standardization to complement public law, especially law that protects fundamental rights, including the right to protection of personal data. Ultimately, it concludes by providing a comprehensive account of how a private regulation instrument may complement public law in pursuing its goals and where limits and conditions for such a role should be drawn.
Taxing Income and Consumption
by
This incisive book presents a critical analysis of contemporary issues in international taxation, considering the long-standing question of how best to tax income and consumption. Leading experts from across the globe explore the future of tax in a changing world, promoting a re-examination of fundamental issues in tax law and policy. Chapters reflect on highly debated topics in international tax law, discussing how tax policy and legislative processes can be improved. Showcasing perspectives from both developed and emerging economies, contributing authors provide a comprehensive overview of the field, examining issues related to tax treaties and avoidance, corporate tax behaviour, tax administration and dispute resolution. Ultimately, the book looks towards the future of tax law, highlighting attempts to address evolving economic, social and environmental challenges as well as the need to learn from past reforms. Students and scholars of tax law, international economic law, political science and business will benefit from the book's in-depth coverage of global tax affairs. Its practical advice also makes this an invaluable resource for tax lawyers and practitioners, policymakers, international organizations and ministries of finance.
The Uncitral Model Laws on Cross-Border Insolvency and on the Recognition and Enforcement of Insolvency-Related Judgments
by
This authoritative Commentary presents a comprehensive analysis of two essential model laws: the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), which aim to harmonize cross-border insolvency law. Two of the leading voices in the field, Reinhard Bork and Michael Veder, bring together a team of experts to trace the adoption and transposition of the UNCITRAL model laws from their inception through to their interpretation by national courts in various jurisdictions across Australasia, Europe, North America, South America and Africa, offering an overarching perspective alongside an evaluation of significant case law and literature. Chapters define key terms such as foreign main proceedings and foreign non-main proceedings, as well as exploring the challenges faced when applying the model laws to different types of proceedings. The contributions underscore the importance of the model laws in facilitating recognition and cooperation between different national courts, and illuminate their meaning in order to allow courts and practitioners to interpret and apply their national laws as uniformly as possible. Key Features: Detailed article-by-article examination of the MLCBI and MLIJ by leading international experts In-depth evaluation of the role of foreign representatives and creditors to courts in enacting states Analysis of the model laws in relation to key cross-border insolvency cases. This is an invaluable resource for lawyers, judges, academics and students specializing in insolvency law. It is also of great interest to practitioners of commercial law, as well as arbitration and dispute resolution.
Wetlands and International Environmental Law
by
Marking the 50th anniversary of the Ramsar Convention, the first modern multilateral environmental agreement, this timely book reflects upon the Convention's work and its wider impact upon the protection of aquatic resources and wetland-dependent species. This comprehensive book examines how and to what extent the Ramsar Convention has worked to protect wetlands, while exploring how it has influenced and collaborated with other international and regional regimes. Contributions from an array of expert authors analyse the key approaches and innovations that have been applied to the global protection of wetlands, while also considering the crucial role that wetlands play in climate mitigation and in supporting the needs of humans and animals alike. Filling a gap in the current scholarship by discussing the impact and implementation of this pioneering convention, Wetlands and International Environmental Lawis an inspiring read for academics in international and regional environmental law. This discerning book is also of interest to those working in the fields of political science, international relations, and area studies with a particular environmental focus.
