erritorial disputes in the Americas : international law and politics
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Territorial disputes are intricate, shaped by historical, legal, geopolitical, social, cultural and other factors. This book uses a multidimensional approach to assess real case scenarios across the Americas, individually and collectively. The work evaluates a selected sample of these disputes, tracing origins to colonial histories, unclear border demarcations or uncharted lands, and challenges enforcing legal boundaries. It then explores critical thematic areas, illustrated with compelling examples-disputes entangled with non-American agents like European nations; colonialism, neo-colonial interference and pervasive colonial mindsets; ongoing, regional differences between neighboring states; and the intricate, sometimes conflicting roles of indigenous communities and implanted populations asserting self-determination, often diverging from states' interests. The work reveals sovereignty and disputes intertwine, encompassing plural agents, roles, contexts, realms, and modes of existence beyond traditional views. Cases like the Falkland/Malvinas Islands, Mexico-U.S. border, Amazon region and Antarctica highlight how regional organizations and alliances could enhance peacebuilding, strengthen American states against external powers, and challenge traditional unidimensional scholarly approaches with a nuanced, comprehensive perspective. The book will appeal to researchers, academics and policymakers in the areas of Public International Law, Political Science and International Relations; Legal Philosophy, Political Philosophy and Jurisprudence"
Product liability law in Canada
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"Products liability in Canada has had an enduring relevance in the law. This book provides a comprehensive overview of products liability law in Canada, covering its foundations in negligence, the role of contract law, specific legal issues, defenses, government regulation, class proceedings, and damages. With the most recent caselaw and legislative updates, this new edition offers a comprehensive, up-to-date overview of product liability law in Canada--ensuring that practitioners, in-house counsel, and researchers have accurate guidance and a clear roadmap for navigating this complex area
Rethinking Criminal Justice
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For 200 years, the penal equation 'crime plus blame equals punishment' has meant prison crises, a permanent crime problem, violent and damaged lives. The retributive theory of punishment supports this; fully developed, it could transform it. A moral psychology of violation distinguishes primitive and mature retributivism, explaining punishment's necessary failure and guilt, forgiveness and reconciliation's power. 'Atonement' means both punitive 'payback' and being 'at one' again with self and others. Reconciliation for offender, victim and society leads to punishment's deep, tendential abolition. Intellectually innovative and bold, Alan Norrie's mature retributivism is rooted in human ontology, in the metaphysical animal that thinks and loves. Speaking to law, philosophy, criminology and criminal justice, his moral psychology considers victims who victimise, grief at violation, denial and mourning and the loving prison. Exploring ethics, psychoanalysis, social theory, testimony and film, his psychologically developed moral philosophy challenges basic assumptions about punishment and the penal equation.
Labour Law and Decent Work in the Platform Economy
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This book provides an innovative perspective on labour law within the platform economy. It covers judicial decisions on the classification of platform work, collective bargaining, social protection, and ownership of workers' personal data. It will be of interest to students in the field of worker's rights, platform economy and labour law.
The Promise of Legality
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This book assembles critical contributions on the work of TRS Allan, the Professor Emeritus of Jurisprudence and Public Law at the University of Cambridge, whose leading work in legal and constitutional theory spans almost 45 years. Allan has charted a distinctive path for legal, political, and moral theory and practice and has become a highly significant figure in the UK and in common law/parliamentary systems around the world. His ideas challenge established opinions about constitutional law within these systems as well as established views about the rule of law from more abstract or philosophical perspectives. Allan claims that law and morality find an inherent connection through the rule of law. He argues that there is a connection that flourishes in common law jurisdictions because although Parliament has sovereign legislative powers, its laws gain their full legal meaning only through an interpretive lens. This lens seeks to reconcile sovereign will with legality's basic moral ideals, especially the idea that law must be general and capable of guiding behaviour and thus respectful of the equality and dignity of its subjects. Allan's scholarship is powerful yet controversial, and it has inspired 20 leading scholars from the UK, Canada, Australia and New Zealand to engage with the central themes of his work. By doing so, the contributors help to make that work accessible to a new generation of scholars and students. They also provide a timely framework for engaging in the most important challenges facing our democracies today: how our legal systems do, or do not, honour and respect democracy and therefore legislative sovereignty while at the same time honouring and respecting the rule of law, or the 'Promise of Legality'.
At the Margins of the Modern State
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The international order of the post-WW II period is in disarray. The sounds of war can be heard all around us, from Ukraine to Gaza, from Darfur to the Congo, and there is growing skepticism towards human rights and democracy, the rule of law and peace among peoples. Facile expressions such as "Eurocentrism" and "demise of the West and the rise of the rest" miss the real challenge in this situation: how to extend moral, legal and political universalism to address the experiences of the multitude of humanity for whom western modernity has brought not only equality but also subordination, not only emancipation but also domination. Benhabib argues that rethinking this universalist project and participating in world-building together can be achieved by reconstructing and retrieving the best insights of critical social theory in the Frankfurt tradition and the liberal Kantianism of Rawls and Dworkin. In that spirit, this volume addresses state and popular sovereignty, Third World approaches to International Law, the 1951 Refugee Convention, and climate change legislation, while focusing on the changing fortunes of the European Union and cosmopolitanism. Benhabib engages with postcolonial thinkers and argues that, although validity claims and relations of domination and inequality are often intermixed, it is possible to reconstruct the insights of international law to serve a more inclusive universalism and world-building. This vibrant defense of human rights and universal norms in an age of political skepticism and extremism will appeal to a wide readership and will be of particular interest to students and scholars in political theory, critical theory and law.
Research methods in law
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"Explaining in clear terms some of the main methodological approaches to legal research, Research Methods in Law is written by specialists in their fields, researching in a variety of jurisdictions. Covering a range of topics, including feminist approaches, economic analysis of the law and socio-legal studies, each contributor addresses the topic of 'lay decision makers in the legal system' from their particular methodological perspective. This focus on one main topic allows the reader to draw comparisons between methods with relative ease. This third edition has been fully updated, and includes bullet point summaries at the start of each chapter. There are also two new chapters covering biographical approaches and creative approaches. The broad range of contributors makes Research Methods in Law well suited to an international audience, and it is ideal reading for PhD students in law, undergraduate dissertation students in law, LL.M Research students and early year researchers"
Escape from Kabul
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The extraordinary true story of the Afghan women judges who fought for justice in the courtroom, and then fought to escape with their lives, from the bestselling British author Across twenty years of U.S.-backed government, Afghan women obtained legal degrees, became judges, and set out to transform their country--tackling corruption, challenging traditional gender norms, and reducing horrifying levels of violence against women and children. These educated and powerful women led the mission to build Afghanistan as a modern democracy that respected the rule of law and human rights. Their work, however, posed an existential threat to everything the Taliban believed in--and when the United States withdrew in August 2021, the women judges of Afghanistan faced mortal danger. Escape from Kabul is the extraordinary, never-before-told story of their escape--with the assistance of the International Association of Women Judges--and the shocking fates of those who were unable to flee. Veteran journalist Karen Bartlett had unique access to many of the women involved, including those in exile and the judges still trapped in Afghanistan, as well as women judges from around the world who were vital to the escape effort. Combining real-life drama with searing critique, Escape from Kabul is also an indictment of the West--which abandoned its allies and the cause of women's rights. The book closes with the judges' recommendations for their beloved country, in their own words.
Constitutional Courts and Judicial Review
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This collection of essays from Dieter Grimm, Germany's most renowned constitutional scholar, shines a light on the jurisprudence of the German Constitutional Court and constitutional adjudication in general. Established in 1951, the court has become a blueprint for new courts ever since and its jurisprudence, particularly in the field of fundamental rights, has influenced the decisions of judges throughout the world. After the seismic constitutional changes of the years 1989-90 in Germany and beyond, many countries adopted new democratic constitutions and established constitutional courts in order to make their constitutions effective. Today, many of these courts are under attack both politically and intellectually. In this book, Grimm considers some of the fundamental questions under academic scrutiny today: are constitutional courts political or legal institutions? Is judicial review a political or a legal activity? Is it a threat to, or a condition, of democracy? Should these courts be abolished or strengthened? Is a rational interpretation of constitutional law possible? The essays provide answers to these questions and describe how constitutional courts work if they properly fulfill their function of enforcing the constitution. A special emphasis is put on the importance of constitutional interpretation: something, the author argues, that most critics of constitutional adjudication neglect.
An introduction to environmental law and policy in Canada
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An Introduction to Environmental Law and Policy in Canada (ELPIC) is designed to meet the needs of undergraduate university and college courses in environmental law and policy. The fact that it is written for non-law students is what helps set it apart from other texts, as reviewers have noted."
Determining the ethical codes of artificial intelligence-assisted informed consent : the future of autonomy
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Includes bibliographical references.
Determining the Ethical Codes of Artificial Intelligence-Assisted Informed Consent tackles a pivotal issue: Can artificial intelligence (AI) ethically secure informed consent, and what codes should guide its integration into healthcare? This illuminating book probes the fusion of AI with the bedrock of medical ethics--patient autonomy. As AI transforms diagnostics, treatments, and decision-making, it disrupts traditional consent processes, sparking critical questions about trust, equity, and human agency. This work boldly examines whether machines can responsibly handle the nuanced act of consent and outlines the ethical scaffolding needed to ensure they do. Setting itself apart from broader AI ethics debates, this book hones in on the specifics of AI-assisted consent. It journeys through the history of informed consent, uncovers algorithmic biases that threaten fairness, and crafts precise ethical codes to govern AI's role in medicine. Drawing on real-world research and case studies, it balances the promise of AI-enhanced care with its ethical pitfalls, offering a clear-eyed look at transparency, accountability, and patient empowerment. More than a critique, it provides a practical blueprint for ethical standards that safeguard human values in an AI-driven era.
Key Ideas in Law: the Concept of Fairness
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This book explores how the concept of fairness is used in different legal fields to ensure that the laws we live under are just and reasonable. It considers a wide range of topics, such as constitutional law, administrative law, criminal law, contract law, tort law, trusts law, family law, employment law, consumer law, immigration law and tax law. Each chapter looks at the part fairness plays in law making in these areas. This is achieved through careful analysis of relevant legislation and judicial decisions, especially those of the UK's Supreme Court. Questions are addressed concerning the criteria law makers rely on - or should rely on - to determine what is fair in any given circumstances. The book explains that laws could be greatly improved if more attention were paid to making their application fairer. It argues that legislation should routinely provide judges with extensive guidance on how to go about deciding whether a position is fair. The book is of value to anyone thinking of undertaking a law degree or in the early stages of their legal studies. While it touches upon John Rawls's theory of 'justice as fairness', the emphasis throughout remains on the workability of legal rules in practice. It equips readers with a greater understanding of how challenging it can be to implement rules appropriately unless a clear focus on fairness is resolutely maintained.
Free Global Cities
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This book proposes a new solution to the problem of the migration crisis engulfing the world by creating safe harbours, or Free Global Cities. In the face of the largest displacement crisis on record even the most optimistic view of the future suggests that in the years ahead, more and more people will migrate in order to survive. The world requires places where refugees and other migrants forced to leave their homes have the opportunity to work, study, create, start businesses, and rebuild new lives for themselves and their families. Free Global Cities can deal with this growing global crisis in a completely new way. They are autonomous, self-governed subnational entities that provide a safe environment and rule of law that will create wealth and prosperity for its residents as well as for the nations hosting them. Such a model would contribute significantly to handle the largest migration crisis in history, which the world will be experiencing in the coming decades.
Cyborg Rights
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This book explores the ethical, legal, and rights-related ramifications of the Hypothesis of Extended Cognition and the Extended Mind Thesis. Focusing on technologies designed to extend our cognitive and mental capacities, it highlights serious threats associated with their development and deployment--and examines potential strategies for addressing them. The discussion begins with an accessible introduction to the Hypothesis of Extended Cognition and the Extended Mind Thesis, responding to pressing objections and arguing that humans likely already are--or will soon become--cyborgs. Far from science fiction, the rapid advancement of extension technologies--such as invasive brain-computer interfaces--brings this scenario, and its disruptive consequences across ethics, rights, and the law, ever closer to reality. To underscore the stakes, the book focuses on key concerns relating to mental privacy, mental integrity, and extended forms of assault. It also outlines the values and factors we must consider as we transition into a world where the boundaries of the mind are increasingly fluid. Crucially, it argues that both legal and technological safeguards can be developed to mitigate the most troubling effects of cognitive and mental extension. Cyborg Rights is the first book to offer a systematic analysis of this emerging topic, situated at the intersection of the philosophy of mind and cognitive science, ethics, and philosophy of law.
Advanced Introduction to Legal Positivism
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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. The Advanced Introduction to Legal Positivismprovides an accessible overview of legal positivism, structured in accordance with the main theses of theoretical and methodological positivism: the normativity, the social, the separation and the descriptive thesis. Kaarlo Tuori compares the two main variants of 20th century positivism presented by Hans Kelsen and H. L. A. Hart, delineating these from philosophical and sociological positivism. Tuori examines the criticism of natural law and legal realism by both Kelsen and Hart, offering new insights into the connections between law and morals and into law's social dimension. He outlines problematic reductions caused by legal positivism, including the neglect of social and legal-cultural dimensions, as well as the interlegality of contemporary law. Key Features: Explores the social dimension of law Examines legal principles and validity Critically analyses Kelsen's basic norm and Hart's rule of recognition Discusses conceptual analysis and the accompanying reliance on a standard case in legal positivism This informative Advanced Introduction is an essential guide for students and academics in law and philosophy. Its critical and methodological insights are also beneficial for legal theorists and philosophers of law.
Elgar Concise Encyclopedia of Migration and Asylum Law
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This Concise Encyclopediaprovides a comprehensive overview of the rapidly developing field of migration and asylum law. It brings clarity on key terms and critical notions, while challenging misconceptions in this highly politicized sphere. Bringing together a diverse array of leading and emerging scholars and practitioners from across six continents, this Encyclopedia examines a broad range of topics and perspectives, such as diasporas, border control, racism and the human rights of migrants. Each entry offers a clear and concise summary of existing and contemporary knowledge, identifies important gaps in the field and outlines new directions for cutting-edge research. Carefully curated, this Encyclopedia scrutinizes well-known terms of art, including naturalization, non-refoulement, remittances and resettlement as well as addressing intersecting topics, like civil society, climate change, migration governance and digital technology. Students, scholars and researchers interested in migration and asylum will greatly benefit from this Concise Encyclopedia. It is also a vital reference for practitioners and policy makers. Key Features: A pioneering Encyclopedia highlighting key topics of the field and recent developments Over 100 entries written by leading scholars and practitioners from the six continents Comprehensive coverage of the critical notions and terms of art associated with migration and asylum Broad variety of themes and perspectives
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.
Research Handbook on Competition and Corporate Law
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This Research Handbook adopts an interdisciplinary approach to examine the nexus between competition law and corporate law, engaging with legal systems across the Americas, Asia and Europe. Combining theoretical, empirical and case-based research, leading experts in the field present insights into topical areas at the intersection of competition law and corporate law, such as the purposes underpinning competition and corporate law, the boundaries of the firm, corporate structures and their effects on competition, and the interplay between corporate governance, compliance and antitrust enforcement. They identify commonalities or points of divergence, and explain why the joint perspective of the corporation and of the market is needed to better understand these subjects. The chapters shed light on the varying legal and economic conceptions of the 'firm' and how these play out and interact or occasionally clash. They also reveal the deep and ever evolving interaction between competition and corporate law throug
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
Research Handbook on Intelligence and International Law
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The Research Handbook on Intelligence and International Law brings together expert scholars and practitioners to comprehensively assess how international law applies to the work of the intelligence community. Among other issues, it examines: the role and impact of the intelligence community as a normative actor in the international legal system; the legality of influence operations; the lawfulness of covert operations; the international legal issues raised by intelligence sharing during military operations; the application of international law to political and economic espionage; State responsibility for negligent intelligence; the privileges and immunities of intelligence officials under the laws of peace and war; the collection of intelligence by peacekeeping missions; the protection afforded by international law to submarine cables; the legality of intelligence operations that expose gross human rights abuses; and the extent to which international courts and tribunals have examined the application of inte
Advanced Introduction to International Commercial Contracts
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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. This concise textbook takes a practical and comparative look at international commercial contracts, covering everything from formation and negotiation to enforcement and dispute resolution. It lays out the essentials (offer and acceptance, consideration, party autonomy, and contract interpretation across different legal traditions) while breaking down the complexities of governing law selection and private international law. Instead of centring on a single jurisdiction, it provides comparative insights into major economies and key commercial hubs. Readers will find analysis of common law, civil law, and hybrid systems, along with discussions on how international instruments such
Comparative Environmental Law
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Discussing the law in theory and in practice, Comparative Environmental Lawidentifies the ways in which regulatory systems converge or diverge, examining key developments in international legal frameworks from every continent. Expert contributors review different comparative approaches and examine how these can be applied to the study of environmental law. They outline environmental impact assessments at project level and explore the importance of information disclosure in pollution management. Chapters also present insights into environmental human rights policies, covering compliance and enforcement, as well as biodiversity and water laws across the Americas and Europe. The handbook provides forward-thinking analyses of emerging areas, such as renewable energy and the impact of environmental policies on Indigenous communities, and presents an expansive overview of current environmental issues, including land contaminations, mining regulations and food waste. An essential resource for legal scholars and re
Realising Protection from Age Discrimination
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This timely book presents a considered analysis of age discrimination provisions and outlines constructive guidance as to how they might be reformed. It highlights the prevalence of age discrimination for all age groups but especially against older persons, demonstrating the importance of effective legal protection for this cohort - especially when age discrimination intersects with other grounds. Helen Meenan and Christa Tobler bring together expert scholars and legal practitioners to critically analyse how older persons are protected from age discrimination in legal frameworks internationally, regionally and nationally, appraising strengths and weaknesses in each system. In addition, the contributors to this volume include unique office-holders who enable the voices of older people to be heard. By critically examining where protection from age discrimination is now, where it needs to go and how best to arrive there, the authors highlight that protection from age-based prejudices is crucial to the full enjo
Governing the Metaverse
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This prescient book examines social ordering and governance in the digital universe. It demonstrates how attempts to enact regulations in virtual spaces cannot replicate laws and market arrangements in the real world, advocating for an alternative 'new law' to enable safe, sustainable and beneficial digital communities. Mark Findlay discusses how this 'new law' could be achieved and the challenges it might face, addressing ideas of inclusive and collaborative governance, digital self-determination and communal bonding in virtual spaces. He outlines the differences between the metaverse and 'realspace' which call into question conventional legal reasoning and appreciations, rethinking current reductive paradigms of the virtual universe as an outpost for private property and exchange markets. Governing the Metaverse ultimately explores the notion of law as an enabler of change rather than an enforcer of the status quo and emphasises the potential of this more adaptable interpretation of the law to create an em
Empirics and Consumer Law in Changing Markets
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This book evaluates the impact of empirical research on regulation in contemporary consumer markets. It combines findings from a breadth of disciplines, including sociology, psychology and economics, focusing on their implications for legal frameworks and policies. It shows how empirical legal research may inform and improve consumer law and policy making. Bringing together leading experts in the field, the book identifies legal challenges in the consumer law domain brought by digitalization and translates empirical insights into policies. The chapters delve into methods of assessing scientific evidence and ways to improve evidence based policymaking. They also cover new developments in consumer markets such as the issue of the use of consumer data in online markets, challenges for product safety and liability in e-commerce, access to goods and services for persons with disabilities, and digital conflict resolution. The book contributes to behavioural public policy and provides important avenues for further
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 la
Research Handbook on Trade Law and Development
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Adopting an actors-focused approach, this Research Handbook engages with complex dynamics between states, people and businesses with respect to trade law and development. Sonia E. Rolland brings together scholarly and policy experts who articulate contemporary research on the linkages between trade, sustainability, food security, intellectual property, industrial policy and the digital economy, amongst many others. The contributing authors address trade law through an interdisciplinary lens, examining its political, economic and social contexts. Several chapters highlight challenges including sustainability and digitalization, as well as potential solutions for developing countries in the WTO dispute settlement system. The Research Handbook demonstrates the fiscal implications of trade rules and climate policymaking, featuring case studies from across Africa, the Americas and Asia to draw attention to international trade policies in the context of economic development. It also seeks to empower minority group
Intra-Group Financing and Enterprise Group Insolvency
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This book examines common intra-group financial transactions, such as intra-group loans and cross-guarantees, highlighting their impact and treatment in the insolvency and restructuring of multinational enterprise groups. It identifies the unique challenges posed by the complex corporate and financial structures of multinational firms when one or more group entities face insolvency. It provides a comparative analysis of statutes and recent case law from three leading restructuring forums: the UK, the USA and the Netherlands. Key Features: Assesses how insolvency law can better respond to the economic realities of corporate groups and their financial arrangements. Identifies post-global financial crisis regulations for banking groups and how they can inform solutions for corporate group insolvencies. Investigates modern commercial practices and legal tools for group restructurings, including third-party releases, extended enforcement stays, rescue financing and safe harbours against transaction avoidance. An
Embodiment and the Law
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The law currently sees bodies as passive material upon which our values are inscribed rather than as an active part of the production of normative values. Rethinking current legal understandings of embodiment, this book proposes that peoples' experiences of embodiment play an important role in the development of normative values and that the legal system should adopt an embodied understanding of all individuals. Examining perspectives from multiple sub-disciplines, the book develops an extended concept of embodiment from the physical body to the environment through discourse, activities and information. Samuel Walker argues that existing legal frameworks do not fairly represent the heterogeneity and multiplicity of individuals, demonstrating how non-dominant embodiments are marginalised by the imposition of dominant normative propositions. Walker provides a comprehensive approach to the analysis of bodies in legal contexts and puts forward an alternative model of legal subjects to the traditional judicial co
Reproductive Rights and the Law
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This book examines reproductive rights and their complex interaction with the law and with society, exploring differing perspectives and placing these in their respective cultural, social and religious contexts. Kerry O'Halloran explores the socially divisive question of abortion and, using examples from both developing and developed countries, considers how context determines the legal position. He also addresses a plethora of issues surrounding related reproductive rights including maternity care, IVF, adoption and surrogacy, genetic engineering and establishing the reproductive rights of trans persons. In navigating all of these, O'Halloran reflects on fundamental questions such as where the public and private divide lies in exercising one's right to autonomy, and how reproductive rights have contributed to the progression of gender parity. The book carefully identifies internationally established legal benchmarks with references to key principles, policies and case law, and explores future developments i
Payment Services
by
Payment services are now heavily regulated in many jurisdictions and subject to a growing body of law. The second edition of Payment Services: Law and Practiceprovides an updated overview of the key areas of payments law and regulation in the EU and UK, as well as introductions to analogous legal regimes in the United States, Hong Kong, Singapore and Africa. Key Features: Addresses key points under both English and EU law Provides a practical guide to firms navigating payments regulation Written by leading legal practitioners who advise on the relevant topics on a daily basis Addresses the latest technological developments in the sector and regulatory responses to these Detailed overviews of a broad range of legal and regulatory issues affecting payments including data protection law, competition law, and blockchain and crypto assets This book is an essential resource for lawyers, in-house counsel and compliance officers in the payments and Fintech sectors. Law students and academics interested in legal a
The Freedom of Movement of Asylum Seekers Within the State
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This insightful book discusses the predicament of asylum seekers across European states and the reception policies that constrain their movements. Juan Ruiz Ramos argues that, even when these policies do not amount to detention, they interfere with an often neglected right: the freedom of movement within the State. The author approaches this crucial issue through the lens of migration exceptionalism, illustrating how international law establishes lower human rights standards in the context of migration than in other circumstances. He outlines the complexities surrounding the right to freedom of movement for asylum seekers, as it only applies to those 'lawfully within' a country. The book analyses this right from three different angles: the travaux préparatoires of various international instruments, the personal scope of the right and the safeguards that it provides. It further assesses legal tools and case law at the universal level, such as the Refugee Convention and at the regional level, including the Eur
Proving Corruption and Defending the Corrupt
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This insightful book explores the question of why there are so few successful corruption-related prosecutions in Anglophone African countries and considers how this situation can be addressed. John Hatchard analyses the unique challenges faced by anti-corruption investigators and prosecutors in effectively implementing the requirements of the criminalisation pillar contained in the United Nations Convention Against Corruption. Hatchard discusses the tension between proving corruption - that is, providing for effective investigations and evidence gathering, and utilising this to facilitate prosecutions - versus defending the corrupt - protecting the constitutional rights of those facing prosecution and challenging the admissibility of key prosecution evidence. He advocates for the adoption of the 'Golden Triangle' and a fairness approach. This requires balancing a triangulation of interests: protecting the constitutional rights of the accused, considering the interests of victims of corruption and maintaining the public interest in combating corruption effectively. Through analysis of anti-corruption legislation and judicial pronouncements, Hatchard demonstrates how to make the fairness approach effective with a view to strengthening the criminalisation pillar. This unique and influential book is of worldwide interest for students and academics studying law, politics and business. Its practical insights will also greatly benefit anti-corruption agencies, legal practitioners, policymakers, law reformers, civil society organisations and the corporate sector.
Eu Internet Law
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This thoroughly revised fourth edition of EU Internet Lawprovides a state-of-the-art overview of EU Internet regulation. Andrej Savin critically evaluates EU policymaking and governance, assessing the latest developments in the field. Savin discusses the constitutional context within which the internet is regulated alongside the policies that have informed this regulation. He explores EU lawmaking and key updates to the case law of the Court of Justice of the European Union, and also compares EU and US solutions to the challenges of the digital world. The book investigates crucial issues including electronic commerce, platform regulation, jurisdiction, intellectual property and AI. It further examines topics such as content regulation, customer protection and GDPR, and it presents a detailed analysis of the ways in which relevant legal instruments interact. Timely and engaging, EU Internet Lawis a vital resource for students and scholars of commercial, economic and information law as well as internet and te
Elgar Concise Encyclopedia of Animal Law
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With contributions from over 135 international experts, this Encyclopedia provides an expansive overview of the emerging field of animal law. Focusing on the legal regulation of human interactions with non-human animals, the volume serves as an insightful guide to how the law can promote the wellbeing of animals as well as the environment. Entries by leading specialists delve into the history of the animal law movement, the science exploring animal welfare and animal sentience, and ethics, law, and politics. They also examine the relationship between animals and artificial intelligence and discuss how human responsibility for animals manifests economically and socially, including through insurance and civil and criminal liability. The Elgar Concise Encyclopedia of Animal Lawis a vital resource for students and scholars in animal studies, criminal law, and law and society, as well as lawyers and policymakers. The contributions are also invaluable to animal advocates and to lawyers working in a variety of con
Research Handbook on Intellectual Property Licensing
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This second edition of the Research Handbook on Intellectual Property (IP) Licensingexplores the multiple facets of IP licensing law from a global and comparative perspective through the opinions of leading experts. The Handbook combines an in-depth analysis of various specific types of IP licensing agreements (including FRAND licensing of Standard Essential Patents and data licensing) with a presentation of other topics of both dogmatic and practical relevance affecting all types of IP licensing transactions, including competition law and bankruptcy law. The Handbook goes beyond the analysis of classical substantive issues and discusses the treatment of IP licensing under international investment law and the use of commercial arbitration for solving international IP licensing disputes. The Handbook ultimately aims to offer a scholarly contribution to the development of global or regional IP licensing laws and policies. By opening innovative transversal, comparative and policy perspectives, this Handbook wi
Big Tech and EU Law
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This book explores the use of EU law by Big Tech in the transatlantic context. Elaine Fahey examines how digital platforms utilise both top-down and bottom-up approaches to litigate, lobby and lawyer global standards, analysing their attempts to strategically exploit the legislation. Drawing on detailed case studies, chapters cover aspects of EU law ranging from data transfer and data protection to intermediary liability and competition law. They critically assess Big Tech's direct engagement with consumers and its relationship with the EU as a global digital actor, outlining the state of many sectoral battles it has waged with European regulators and courts. Fahey considers how Europe's initial first mover advantage on data regulation is used in practice, emphasising the transnational dimension of data while investigating Big Tech's efforts to take advantage of this. Ultimately, the book underscores the importance of adopting a holistic approach to the legal challenges posed by Big Tech in a globalised worl
