The Aims and Methods of Postcolonial International Law
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Criticism of colonial justifications has been familiar since the age of Sepúlveda and Las Casas. Yet today it is said that international law is, and always was, an instrument of colonialism. It is true that the ius gentium and the Law of Nations failed to prevent colonialism and were used in fact to justify colonialism. Still, such failures which occurred over the successive periods of European colonization of non-European peoples did not implicate the whole of international law thought. That is just a modern exaggeration, but rather than repair the international law that we have, for example in our discussions about colonial reparation, some now wish us to reject international law altogether. In seeking to cast present-day criticisms in a proper light, these lectures at the Hague Academy had discussed the more notable literature, including in judgments and arbitral awards, from the time of the classic works that are connected to the history of the subject to the present day. Now presented in pocketbook form the objective is the same; which is to explain the aims and methods of post-colonial criticism, and to reject the view that it is too late for international law.
Automated Agencies
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Automated Agencies is the definitive account of how automation is transforming government explanations of the law to the public. Joshua D. Blank and Leigh Osofsky draw on extensive research regarding the federal government's turn to automated legal guidance through chatbots, virtual assistants, and other online tools. Blank and Osofsky argue that automated tools offer administrative benefits for both the government and the public in terms of efficiency and ease of use, yet these automated tools may also mislead members of the public. Government agencies often exacerbate this problem by making guidance seem more personalized than it is, not recognizing how users may rely on the guidance, and not disclosing that the guidance cannot be relied upon as a legal matter. After analyzing the potential costs and benefits of the use of automated legal guidance by government agencies, Automated Agencies charts a path forward for policymakers by offering detailed policy recommendations.
Building the Case: How Lawyers Are Leading on Sustainability
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This book aims to inspire a new generation of lawyers by showcasing real-life case studies of how legal professionals have built successful and rewarding careers in the field of sustainability. In the corporate world, over the last decade environmental, social and governance (ESG) and sustainability considerations have moved from the fringe to the mainstream - a shift that has faced significant backlash in certain quarters. At the same time, the global backdrop has become increasingly complex, marked by the accelerating impacts of climate change (e.g. historic floods and wildfires), political polarization, economic uncertainty, wars, and the further erosion of trust in our institutions. In this new era, corporate leadership is increasingly turning to lawyers, both in-house and external counsel, to help lead the way in navigating these complexities and to pursue opportunities through the green energy transition. This book brings together a diverse group of leading lawyers who have spearheaded innovative initiatives to drive positive environmental and social change. These thought leaders share their firsthand experiences, challenges, and triumphs, providing inspiration for aspiring lawyers eager to make a meaningful impact in their careers.
Canadian university law : essentials for legal and higher education professionals
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"Hassan and Wong's new book addresses academic freedom and university autonomy, areas lacking comprehensive legal analysis in Canada. It aims to provide an overview and analysis of the current state of the law, focusing on administrative law, private law obligations, and the implications of the Charter of Rights and Freedoms for universities
Child Sexual Abuse
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This fully revised volume provides a rigorous assessment of the latest research relating to the disclosure of childhood sexual abuse, along with the practical and policy implications of the findings. Leading researchers and practitioners from diverse and international backgrounds offer critical commentary on these findings gathered from both field and laboratory research. Building on the first edition, this book presents the research from the past twenty years on why delayed disclosure or denial is so common and what we can do about it. Chapters focus on field research interviewing reluctant children, including suspected victims of sexual abuse and other crimes, victims of trafficking, as well as young, suspected perpetrators of sexual abuse. Adding emphasis on research‑based methods for overcoming reluctance, it also explores the different dynamics and circumstances which affect disclosure patterns and the ways in which interviewers can facilitate disclosures. Child Sexual Abuse is for researchers and practitioners from child, forensic, and clinical psychology, social work, and all legal professionals who need to understand this crime. It will also be of interest to trainee social workers specializing in child welfare and intervention.
Corporate Acquisitions and Mergers in Canada
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Derived from Kluwer's multi-volume Corporate Acquisitions and Mergers, the largest and most detailed database of M&A know-how available anywhere in the world, this work by highly experienced partners in the leading international law firm Dentons Canada LLP provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in Canada. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process. Corporate Acquisitions and Mergers is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in Canada.
Family law : text, cases, materials & notes
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The 11th edition of Family Law: Cases, Notes, and Materials is a comprehensive, carefully curated collection of text, cases, commentary, notes, and questions dealing with the key areas of family law. It is intended as the fundamental text for introductory courses in family law, but, as with previous editions, it is also a useful initial research source for practitioners.
This book provides up-to-date coverage of the main issues in family law, the laws governing marriage and divorce, property for both married and unmarried cohabitants, spousal support, child support, parenting, and domestic agreements. This edition includes coverage of emerging aspects of family law as well, such as evolving concepts of parentage, hearing the views of children, the impact of family violence, and social trends that affect family law in an increasingly diverse Canadian society.
The Future of the Person
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This book rigorously debates the notion of the person, a fundamental concept which underpins national private law orders worldwide. In the 20th century, the unity of the person came under pressure - firstly through the rise of labour law and then secondly (post-World War II) through consumer law. The book moves this debate on, exploring the ongoing fragmentation of the concept of the person and the unique challenges that this gives rise to, and suggesting how this might impact on the future of private law. The book asks three questions: *are the 'subject' of the 19th-century Codes or the 'person' of 20th-century constitutions useful categories of reference for the person? *could fundamental rights, currently central to the notion of the person, be replaced by forms of the 'impersonal'? *how, and why, should subjectivities be rethought in the age of infocracy and autocracies? Thought-provoking and paradigm-shifting, this is a fascinating examination of the bedrock of private law.
Governing the Global Clinic
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A deep examination of how new, legalistic norms affected the trajectory of global HIV care and altered the practice of medicine. HIV emerged in the world at a time when medicine and healthcare were undergoing two major transformations: globalization and a turn toward legally inflected, rule-based ways of doing things. It accelerated both trends. While pestilence and disease are generally considered the domain of biological sciences and medicine, social arrangements--and law in particular--are also crucial. Drawing on years of research in HIV clinics in the United States, Thailand, South Africa, and Uganda, Governing the Global Clinic examines how growing norms of legalized accountability have altered the work of healthcare systems and how the effects of legalization vary across different national contexts. A key feature of legalism is universalistic language, but, in practice, rules are usually imported from richer countries (especially the United States) to poorer ones that have less adequate infrastructure and fewer resources with which to implement them. Challenging readers to reconsider the impulse to use law to organize and govern social life, Governing the Global Clinic poses difficult questions: When do rules solve problems, and when do they create new problems? When do rules become decoupled from ethics, and when do they lead to deeper moral commitments? When do rules reduce inequality? And when do they reflect, reproduce, and even amplify inequality?
The Impasse in Constitutional Rights Theory
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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.
International Environmental Law
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This book provides ready access to treaties, conventions, legislation and practice concerning International Environmental Law. The introduction covers geographic considerations, political, social and cultural aspects of environmental study, the history, sources and principles of environmental law, environmental legislation, carbon credits and the role of public authorities. The main body deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues and disputes. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation.
International Labour Law
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No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness.
Judicial Bricolage
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This book represents a unique contribution to comparative legal studies by presenting the results of an empirical research project on the use of foreign precedents in constitutional interpretation in 31 jurisdictions worldwide. It expands and updates the outcomes presented in the previous successful book The Use of Foreign Precedents by Constitutional Judges, edited by Tania Groppi and Marie-Claire Ponthoreau and published in 2013 as Volume 1 of the series Hart Studies in Comparative Public Law. This new research, covering countries from all the continents, with special attention to some of the emerging jurisdictions of the Global South, confirms that the practice of making explicit use of foreign precedents is still limited both quantitatively and qualitatively. Judicial dialogue only exists in common law jurisdictions and, even there, 'judicial bricolage' is much more common than 'judicial comparativism'. Since the previous edition, this practice has gone hand in hand with new developments in constitutional law, such as the democratic erosion and backsliding, the emergence of populist movements, the increasing role of regional human rights courts, which in many cases overshadowed foreign sources, and the end of a global vision of constitutionalism. Applying a quantitative and a qualitative analysis, with the support of tables and data, the book gives a more complete picture of the practice of citing foreign precedents in this new and challenging era, resulting in essential reading for comparative and constitutional legal scholars.
Legal Innovation
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Legal Innovation explores the impact of technology on the legal profession and societal change. Reflecting contributions from an international group of experts, the volume provides a comprehensive overview of the challenges and opportunities facing the legal profession today. With a particular focus on artificial intelligence, the book covers a wide range of topics, from dispute resolution and corporate governance to financial services and regulatory oversight. The conversational style of the chapters makes the content accessible while still maintaining academic rigor. This book is an essential read for policymakers, academics, lawyers, entrepreneurs, regulators and students who are interested in legal innovation and its impact on the legal profession as well as anyone interested in the intersection of law and technology. This title is also available as Open Access on Cambridge Core.
Major Cases in Climate Law
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Climate change is one of the great problems facing humanity; this book introduces readers to major rulings from around the world that centre on climate change as a core focus. In addition to including general considerations, discussion, and analysis of major climate cases, the book engages with specific case studies. A range of major rulings from around the world are examined in detail: The Heathrow Runway Case (UK); The Urgenda Case (Netherlands); The Colombian Amazon Case (Colombia); The Centre for Oil Pollution Watch Case (Nigeria); The Gloucester Resources Case (Australia); Climate Case Ireland (Ireland). The reader is taken through relevant facts, issues, law and commentary pertinent to each case, and a clear, critical and evaluative account of each ruling is provided. Climate law has emerged more recently than many other established branches of law, yet it is fast becoming one of the most discussed and studied areas of law around the world. This introduction to important cases in the area is essential reading for students, lawyers, and researchers engaged with climate law and policy in educational and practical settings.
Mapping the early modern Inns of Court : writing communities
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n its mapping of networks within and journeys beyond the Inns of Court, this book encompasses an innovative, focused range of scholarly perspectives. It illuminates the drama, poetry, debates, educational practices, translation activities, sociability, book ownership, manuscript circulation and political engagements of the Inns, and valuably presents new critical approaches to the creative and intellectual life of these distinctive early modern communities. -Sarah Knight, Professor of Renaissance Literature, University of Leicester. This collection of essays presents recent research on the Inns of Court and their place in the literature and culture of the early modern world. The volume is structured in three sections. Section One looks at the institutional spaces of the Inns themselves. The chapters consider how the Innsmen's identities and writings were shaped by their participation in the communal life of the legal Societies. Section Two looks at the Inns in the context of early modern London. The chapters attend to the intellectual and cultural traffic between the Inns and the city in which they were located by examining the role of Innsmen in the book trade, the circulation of manuscripts, playhouses, and musical culture. Finally, Section Three sets a wider international context. The chapters focus on the role of Innsmen in translation, nation-building, and early colonisation. Together these sections attend to the Innsmen not only as writing communities in themselves, but as participants in a complex of intersecting networks reaching out into London and beyond.
Natural Property Rights
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Natural Property Rights presents a novel theory of property based on individual, pre-political rights. The book argues that a just system of property protects people's rights to use resources and also orders those rights consistent with natural law and the public welfare. Drawing on influential property theorists such as Grotius, Locke, Blackstone, and early American statesmen and judges, as well as recent work in in normative and analytical philosophy, the book shows how natural rights guide political and legal reasoning about property law. It examines how natural rights justify the most familiar institutions in property, including public property, ownership, the system of estates and future interests, leases, servitudes, mortgages, police regulation, and eminent domain. Thought-provoking and comprehensive, the book challenges leading contemporary justifications for property and shows how property both secures individual freedom and serves the common good.
The Normativity of Law
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In the philosophy of law there has been a proliferation of advanced work in the last thirty years on the normativity of law. Recent theories explore law's character as a special kind of convention, shared cooperative activity, and social artifact, among other perspectives, to explain the precise way in which law provides subjects with reasons for action. Yet, for all their sophistication, such accounts fail to deliver on their promise, which is to establish how law creates more than just legal reasons for action. This Element aims to survey these views and others, situate them in a broader context of theories about the nature of law, and subsequently suggest a path forward based on the methodological continuity between analytical, evaluative, and empirical approaches to law's normativity.
Te Tiriti o Waitangi relationships : people, politics and law
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"The third in a series committed to discussions of Te Tiriti o Waitangi/Treaty of Waitangi issues. These essays from leading scholars and researchers take a dynamic approach to understanding Tiriti/Treaty relationships, acknowledging the ever-evolving interplay between the Crown and Mαori through time. The book addresses pressing issues like Treaty principles, sovereignty, the UN Declaration on the Rights of Indigenous Peoples, and manawhenua relationships to Te Tiriti and settlements. It emphasises the roles of tikanga and rangatiratanga in fostering genuine progress, and envisions a future guided by these principles in advancing Mαori-Crown relationships"-
Understanding Family Violence in Family Court Proceedings
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Understanding Family Violence in Family Court Proceedingsaddresses the growing recognition in Canadian legislation and case law of the need to more effectively address intimate partner violence in family court, with a focus on protecting the safety, well-being, and economic interests of victims and their children post-separation, while also including essential material for professionals working with those who commit family violence. Written by a team of interdisciplinary experts, the book explores various forms of abuse and coercive control, ongoing harassment and emotional abuse after separation, the use of litigation as a tool of abuse, and family violence issues related to parenting and economic matters in post-separation family court cases. Contributors include leading practitioners, scholars in family law and domestic violence, and retired judges, with a foreword by former Chief Justice of Canada, Beverly McLachlin. Offering invaluable insights and practical guidance, Understanding Family Violence in Family Court Proceedingsis essential reading for experienced family lawyers, judges, and other professionals, while also providing foundational knowledge for students entering the family justice field or working with survivors of family violence. The book also offers critical perspectives that will make it a valuable addition to gender or feminist studies courses.
Usual Cruelty
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From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it "Usual Cruelty cuts to the core of what is critical to understand about our legal system, and about ourselves." --Anthony D. Romero, executive director, ACLU Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.
Walking This Path Together, 3rd Edition
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Canadian child welfare policies and practices have been central to maintaining a settler colonial nation by controlling and managing the childhoods and future lives of children. While ostensibly grounded in the "best interests of the child," child welfare policies and practices far too often make the lives of young people more precarious because they are stratified along race and class lines rather than caring for their wellbeing. There have been dire consequences for Indigenous communities but also for Black, newcomer, non-citizen and poor people, who are also disproportionately the primary focus of child welfare. The contributors to this book reveal these unjust conditions so that workers can contribute to the ongoing transformation of child welfare to facilitate child wellbeing. The third edition of Walking This Path Together continues the transformative vision of the first two editions and charts a new way forward. There are several new chapters and authors, who focus on Métis kinship protocols, family group conferencing, decolonizing child welfare, and the criminalization of newcomers, refugee children and Indigenous youth in care. They demonstrate how to bring forward transformative practices to moving child welfare into a truly new decolonial era. This transformative vision is the path that we are walking.
Women's Law
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In this timely book, Catherine Carol explores the portrayal of Western culture as denying the existence of 'woman' through the instrument of law. Carol posits that the dominance of legal positivism within politico-legal domains has contributed to the ease with which governments enforce gender ideology through the delivery of what she suggests are anti-human programs and policies which aim to conceal the truth about human nature. The author considers the fact that human beings are materially embodied and situated in the natural world and suggests that there are normative conclusions which arise from this. Carol appeals to natural law as the rational standard by which to challenge these programs and policies supported by positive laws, to suggest that law must coincide with what is 'right' to acquire binding force. Women's law is the specific recognition of natural law by women, and the book proposes the obligation to discern that the natural law remains for women everywhere, even when they are precluded by the laws of their community from doing so. The chapters provide an overview of human sexed identity and the cultural machinations which deny human duality and remove access to human nature; women's law when it was promulgated law in human communities; and natural rights which rest on the idea that human nature needs protection. Women's Lawis an essential resource for students and academics in gender studies and legal philosophy and theory. Its insights are also greatly beneficial to legal educators and practitioners, including gender equality advocates and human rights lawyers.
Private Law Remedies
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This insightful book outlines the remedies for private law wrongs such as breach of contract, breach of fiduciary duty, breach of trust and torts. With a focus on English law, it provides an accessible, up-to-date and commercially centred overview of this complex field. Katy Barnett and Sirko Harder discuss remedies at common law, in equity and under statute. The remedies are primarily organised according to their function: first, compensation for loss, then coercive, vindicatory, restitutionary and gain-based remedies and finally, proprietary remedies. Private Law Remediesexamines the general principles in remedies law and highlights the commonalities and differences among the various private law wrongs. While the focus is on English law, some developments in other common law countries are also mentioned. Students and scholars of private and commercial law will greatly benefit from this clear and accessible book. It is also a vital resource for overseas lawyers who are seeking to understand private law remedies in English law, as well as policymakers, judges and commercial litigators.
Access to Domestic Justice for Violations of International Law
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How does international law entitle individuals to challenge violations of international law before domestic courts? Developing the novel concept of access rights, Leander Beinlich takes a thorough look at the domestic adjudication of international law through the lens of individual rights. Beinlich provides an in-depth survey of the main access rights: the right to a remedy and the right of access to a court. In an unprecedented analysis, he applies his findings to cases of external state action such as military operations abroad, a domain traditionally characterized by accountability gaps. Access to Domestic Justice for Violations of International Lawpresents crucial insights into the value, risks and limitations of individual rights at the intersection of international law and foreign relations law. It demonstrates how access rights put to a test the doctrinal hurdles and normative concerns impeding access to justice in this area, paving the way for further research. An essential read for students and aca
Kindred's international law, chiefly as interpreted and applied in Canada
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Elgar Concise Encyclopedia of Polar Law
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This Encyclopedia examines modern polar law and the specific legal regimes applicable in the Antarctic and the Arctic. It outlines related areas of international law, including the law of the sea and environmental law, providing an invaluable overview and encouraging further research. Analyzing a breadth of topics, including biodiversity, marine protected areas and maritime zones, the Encyclopedia reflects increased global attention on the polar regions, their resources, environment, and governance. Covering the Antarctic, Arctic and adjacent polar regions, entries identify landmark international legal frameworks, such as the 1959 Antarctic Treaty, and discuss the environmental implications of climate change. Leading specialists in the field address historic legal issues and controversies, and highlight recent developments and conflicts. The Elgar Concise Encyclopedia of Polar Lawis an essential resource for students and scholars in environmental law, international law and what is now a distinctive polar law. Its breadth of invaluable insights will also greatly benefit international lawyers and polar officials. Key Features: Combines legal reviews of historical and contemporary issues Over 140 entries from renowned specialists in the field of polar law Provides clear and succinct introductions to both established and emerging subtopics in the field Covers the legal systems of prominent polar states, including Australia, Canada, Russia and the United States
