Canadian law and indigenous self-determination : a naturalist analysis by
"For centuries, Canadian sovereignty has existed uneasily alongside forms of Indigenous legal and political authority. Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal and social landscape. Adopting a naturalist analysis, Gordon Christie responds to questions about how to theorize this legal phenomenon, and how the study of law should accommodate the presence of diverse perspectives. Exploring the socially-constructed nature of Canadian law, Christie reveals how legal meaning, understood to be the outcome of a specific society, is being reworked to devalue the capacities of Indigenous societies. Addressing liberal positivism and critical postcolonial theory, Canadian Law and Indigenous Self-Determination considers the way in which Canadian jurists, working within a world circumscribed by liberal thought, have deployed the law in such a way as to attempt to remove Indigenous meaning-generating capacity."
Failing Moms by
While many claim that being a mom is the most important job in the world, in reality motherhood in the United States is becoming harder. From preconception, through pregnancy, and while parenting, women are held to ever-higher standards and are finding themselves punished - both socially and criminally - for failing to live up to these norms. This book uncovers how women of all ethnic backgrounds and socioeconomic statuses have been interrogated, held against their will, and jailed for a rapidly expanding list of offenses such as falling down the stairs while pregnant or letting a child spend time alone in a park, actions that were not considered criminal a generation ago. While poor mothers and moms of color are targeted the most, all moms are in jeopardy, whether they realize it or not. Women and mothers are disproportionately held accountable compared to men and fathers who do not see their reproduction policed and almost never incur charges for "failure to protect." The gendered inequality of prosecutions reveals them to be more about controlling women than protecting children. Using a reproductive justice lens, Caitlin Killian analyzes how and why mothers are on a precipice and what must change to prevent mass penalization and instead support mothers and their children.
The law of limitations,4th Edition by
Readers will benefit from a review of the latest legislative and common law developments and glean insight into the crucial question that litigators representing clients in a range of legal conflicts face on a regular basis: when is it too late to file a suit?
Prosecuting and defending youth justice cases : a practitioner's handbook by
The book is a light update to our essential guide to defending and prosecuting a youth criminal matter from start to finish. Since the last edition, Brock Jones has been appointed to the Ontario Court of Justice. Sarah Leece has therefore joined the author team in this edition as a Crown team member."-- Provided by publisher.
Abolition. Volume 1. : Politics, Practices, Promises by
major collection of essays and speeches from pioneering freedom fighter Angela Y. Davis
For over fifty years, Angela Y. Davis has been at the forefront of collective movements for abolition and feminism and the fight against state violence and oppression. Abolition: Politics, Practices, Promises, the first of two important new volumes, brings together an essential collection of Davis’s writing over the years, showing how her thinking has sharpened and evolved even as she has remained uncompromising in her commitment to collective liberation. In pieces that address the history of abolitionist practice and thought in the United States and globally, the unique contributions of women to abolitionist struggles, and stories and lessons of organizing inside and beyond the prison walls, Davis is always curious, always incisive, and always learning.
Rich and rewarding, Abolition: Politics, Practices, Promises will appeal to fans of Davis, to students and scholars reflecting on her life and work, and to readers new to feminism, abolition, and struggles for liberation.
Advanced Introduction to Behavioral Law and Economics by
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 highly informative Advanced Introductionexplores the diverse and far-reaching legal implications of some of the key findings of behavioral economics. Cass Sunstein, a leader in this field, adopts an interdisciplinary approach to examining cutting-edge topics such as air pollution and climate change; public health and safety; pandemic response; occupational safety; road safety; and contract, property, and tort law. This Advanced Introductionprovides a much-needed assessment and analysis of the law as a critical domain for the use of behavioral economics, and investigates how techniques including nudging, mandates, and taxes can be used to enhance the effectiveness and improve the implementation of the law. Key Features: Explains how legal systems and governments employ behavioral economics Explores the crucial relationship between law, behavioral economics and human welfare Highlights the use of algorithms in law and policy, considering the relationship between algorithms, noise and bias Examines key concepts from behavioral economics including sludge, present bias, loss aversion, unrealistic optimism, and anchoring This erudite Advanced Introductionwill be an essential read for legal students, academics and researchers with an interest in behavioral economics, public policy and economic psychology. Highlighting how behavioral economics interacts with various other disciplines, it will also prove valuable to professionals and practitioners working in law, medicine, education and politics.
Advanced Introduction to Cultural Heritage Law by
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. Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. Chapters build on examples of armed conflict, UNESCO World Heritage, illicit traffic and restitution, and museums. In addition to answering fundamental questions on cultural property, Casini constantly connects national and global aspects of cultural heritage law; he dissects old and contemporary dilemmas such as the public and private divide, the paradoxes of protection, the complex regulation of landscape, or the retention v. restitution approaches, and examines the future challenges of cultural heritage law in the digital age. Key Features: Balances theory and practice of cultural heritage law Establishes links between jurisdiction and wider legal issues Connects domestic and global issues of cultural heritage law Presents a rich variety of case studies and examples from different legal systems Adopts a multidisciplinary approach connecting the law with the broader social sciences Introduces a comprehensive overview of international and comparative cultural heritage law This coherent Advanced Introductionwill prove invaluable to scholars across cultural heritage law and art law. It will also be an invigorating read for practitioners, museum professionals, and lawyers in cultural heritage, art law, and intellectual property worldwide. Lastly, it highlights the general relevance and significance of cultural heritage issues in the field of law and in social sciences more broadly.
Advanced Introduction to European Union Law; Second edition by
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 thoroughly updated second edition of Advanced Introduction to European Union Lawprovides an essential overview of the diverse fields of EU law and their relevant politics. In precise but accessible language, Jacques Ziller analyses the latest developments in EU law following Brexit, the Covid-19 pandemic, and the Russia-Ukraine war, focusing on the main fields of action for the EU: the internal market, area of freedom, security and justice, and external action. Key Features: Citations of critical legal texts to aid clarity for readers Insights on the EU's founding treaties and how they have developed over time Analysis of the interactions and relations between the EU and its member states Discussion of both the legal and political aspects of the EU's policies and institutions Providing an engaging entry point into the study of EU law, this Advanced Introduction will prove invaluable for students and academics in law, political science, and economics. It will also be an important resource for officials within the EU and its member states seeking a deeper understanding of the EU's many laws and policies.
Advanced Introduction to International Water Law by
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 policy issues associated with discrete subject areas. This Advanced Introduction to International Water Lawprovides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources. Incisive and comprehensive, this book explores the core principles and key developments in international water law. Chapters examine the emergence of the ecosystem approach to transboundary water management; the phenomenon of convergence, by which international water law borrows from (and contributes to) other fields of international law; and the emergence of the UN Sustainable Development Goals as a global driver for implementation of a universally accepted sustainable development framework for shared international water resources. Key Features: Summarises established practices in the field of transboundary water cooperation Deftly explores the evolving objectives of international water law and the key drivers affecting these changes Highlights procedural engagement and institutional cooperation as an integral requirement of international water law Examines the necessity of related fields of international law when managing shared international water resources This authoritative Advanced Introduction will be a crucial read for legal scholars and students working in the fields of international water; environmental, climate and natural resources law; environmental politics; international relations; water resources management and development studies. It will also benefit governmental and intergovernmental officials employed by relevant national ministries and international organisations.
Artificial intelligence ethics and international law : practical approaches to AI governance ; by
Dive into the dynamic realm of AI governance with this groundbreaking book. Offering cutting-edge insights, it explores the intricate intersection of artificial intelligence and international law. Readers gain invaluable perspectives on navigating the evolving AI landscape, understanding global legal dynamics, and delving into the nuances of responsible AI governance. Packed with pragmatic approaches, the book is an essential guide for professionals, policymakers, and scholars seeking a comprehensive understanding of the multifaceted challenges and opportunities presented by AI in the global legal arena.
Buyers' Remedies in International Sales Law by
An authoritative, in-depth examination of remedies in international sales of manufactured goods, this book provides a detailed analysis of the remedies available to a commercial buyer. The book concentrates on four prominent legal regimes, namely the UK sales law, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), the American Uniform Commercial Code (UCC), and the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC). It surveys the remedies available to commercial buyers in the event that a seller fails to fulfil the contractual obligations stipulated by an international sales transaction of manufactured goods. The remedies investigated are self-help remedies, including suspension of performance and termination; monetary remedies, including damages and price reduction; and performance remedies including specific performance and the right to cure. Providing access to, and analysis of, cases and arbitral decisions from all over the world, the book scrutinises the strengths and weaknesses of buyers' remedies through comparative and normative examination.
Canadian law and indigenous self-determination : a naturalist analysis by
"For centuries, Canadian sovereignty has existed uneasily alongside forms of Indigenous legal and political authority. Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal and social landscape. Adopting a naturalist analysis, Gordon Christie responds to questions about how to theorize this legal phenomenon, and how the study of law should accommodate the presence of diverse perspectives. Exploring the socially-constructed nature of Canadian law, Christie reveals how legal meaning, understood to be the outcome of a specific society, is being reworked to devalue the capacities of Indigenous societies. Addressing liberal positivism and critical postcolonial theory, Canadian Law and Indigenous Self-Determination considers the way in which Canadian jurists, working within a world circumscribed by liberal thought, have deployed the law in such a way as to attempt to remove Indigenous meaning-generating capacity." -
Combating deforestation : the evolving legal framework of the EU on forest law enforcement governance and trade by
Includes bibliographical references and index.
"In this insightful book, Martin Hedemann-Robinson appraises the European Union's development of its legal framework to assist in combating one of the foremost challenges facing the international community: global deforestation. He provides an analytical overview of the evolving Union legislation, discussing its impact both within the single market as well as internationally. The book meticulously assesses the evolution of EU policy intervention regarding global deforestation, which commenced with the 2003 Forest Law, Enforcement, Governance and Trade Action Plan. Subsequent chapters discuss the development of voluntary partnership agreements forged with non-EU countries in tropical forested regions, as well as analyse the EU's 2010 Timber Regulation designed to exclude illegal timber from being sold on the single market. Hedemann-Robinson then examines most recent and more profound adjustments to the EU's policy framework, notably the 2023 Deforestation-Free Product Regulation (DFPR) which aims to phase in a ban on imports of certain agricultural produce which may have contributed to global deforestation. Finally, the book places these developments in a broader international context, considering the extent of political and legal co-operation across the globe. Comprehensive and precise, Combating Deforestation will prove an invaluable resource for students and scholars of law, geography, ecology and political science. It will also interest practitioners and policymakers involved in environmental protection, international public law and international trade"-
The Commercial Activity Exception to State Immunity by
In this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US. Questioning when a state can be sued in a domestic court if it engages in commercial activities, Reece Thomas reveals how a restrictive rather than an absolute doctrine has been adopted and explores the ways in which states allow commercial activity to override state immunity. The implications of this, and of how commercial activity can therefore be defined, are explored through the contexts not only of corporate law but also of central bank sanctions, human rights, employment, and crime, using recent examples from Afghanistan as well as Russia's invasion of Ukraine. Further questions regarding immunity are posed by a crucial discussion on enforcement against state assets. Comprehensive yet concise, this authoritative work includes consideration of a range of contexts and implications for the commercial activity exception. It provides a valuable resource for students, researchers and practitioners in international commercial law and public international law, as well as in international relations.
Competition and Sustainability by
Competition and Sustainabilitycritically examines how the market economy can be preserved without compromising the Sustainable Development Goals of the UN. Serving as a useful overview of the problems and solutions found in one of the most controversial issues in current antitrust doctrine, this topical book offers concrete policy options for EU competition law. How can concerns over climate change, the supply chain, or animal welfare be integrated into antitrust? What can competition agencies do to help transform the market economy to a more sustainable one? Renowned experts in competition economics, law and sustainability answer these questions, and in doing so dissect issues such as cartels, exemptions, monopolisation, the environmental, social, and governance transformation, and merger control. Problems with government intervention in markets, quantification, and the danger of greenwashing are confronted with a thorough examination of the options for policy reform. This indispensable book tackles the transformation to the sustainable market economy with competition at its core. It will prove useful to academics in the fields of competition and antitrust law, corporate law and governance, European law, environmental law, and political economy, as well as policymakers and practitioners working in legal and economic fields.
Due Process As American Democracy by
Procedural due process guarantees to individual members of the polity that government will treat each of them with fairness and respect when seeking to take their life, liberty or property. Although enshrined in the US Constitution's Fifth and Fourteenth Amendments, the scope of those guarantees has long been a source of public and academic debate. Due Process as American Democracy develops an entirely new approach to the procedural due process, grounded in foundational precepts of American political theory. It argues that American political thought comes from an adversarial understanding of democracy where individuals need to protect their own interests, because no one else can be trusted to do so. This skeptical democracy informs the separation of powers, and operates as the protector of liberal democracy. When applied to procedural due process, adversary democracy dictates a skepticism of both judges and those who seek unilaterally to represent the individuals' interests. The end result is a demand for strong protections of judicial neutrality and independence far beyond what is presently required, and imposition of serious restrictions on the ability of courts to appoint others to protect individuals' legally protected interests. The book applies these underlying democratic premises to areas of modern civil procedure and constitutional law, urging dramatic alterations in both. Original and provocative, Due Process as American Democracy provides a fresh view of the constitutional guarantee of due process and will appeal to legal scholars, practitioners, and political theorists alike.
Evidence, Proof and Judicial Review in EU Competition Law by
In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law. Fairness in the public enforcement of EU competition law is closely scrutinised and therefore maintaining robust rules on the presentation of evidence, and on the burden and standard of proof is paramount, so much the more in the context of digital markets. Also critical to the EU's commitment to fundamental rights is sound procedure and the right to judicial review. All of these are carefully reviewed in this book from the perspective of those who have been closest to the cases, with the result that the authors construct a definitive yet balanced portrayal of the state of EU competition law. Key Features include: Insight from two of the leading voices in the field Thoroughly updated case law, demonstrating the current thinking on enforcement New material on proof of each constituent element of the infringement New material on abuse of a dominant position in the light of recent focus of case law on that area Clear and accessible structure designed specifically for legal practitioners This book continues to be an essential resource for competition litigators and for all practitioners specialising in EU competition law.
Exchange of Information in the EU by
This timely book provides a holistic analysis of the exchange of information procedures for tax purposes within the EU from an administrative law and tax law perspective. It explores how procedural and substantive taxpayers' rights are affected by exchange of information processes, and rigorously examines the effectiveness of the current legal framework. Bringing together a diverse array of eminent scholars, the book highlights the importance of the exchange of information process as an essential tool to improve tax authorities' ability to deter, detect and disrupt tax evasion and fraud. Chapters delve into the evolution of the information exchange mechanism, assessing both its application and limits, and deftly analyse the Directive on Administrative Cooperation amendments. They also consider the necessity and effectiveness of continuously widening the tax transparency and exchange of information requirements, identifying possible gaps in judicial protection, and unveiling new avenues for scholarly research. Incisive and authoritative, this book will prove indispensable to researchers, academics, and students of constitutional and administrative law, European law, and tax law and fiscal policy. Legal practitioners and policymakers will also find this book to be a beneficial resource from a governance perspective.
Finance, Law, and the Courts by
Law and courts are often neglected in finance. The discipline is so permeated by economic analysis - the enforcement of its rules so based on regulatory authorities - that it often seems more natural to speak of financial regulation rather than financial law, de-emphasizing the role of courts. Authored by leading experts in commercial law, Finance, Law, and the Courts goes beyond this limited perspective. The book demonstrates that law and courts are essential in providing finance with the certainty it needs to operate, and the elasticity it needs to evolve. As explored in Part I of the book, these benefits result from law's status as an interpretative construct formed by rules and principles, a construct shaped by a need for consistency. When principles collide, courts are often called to solve "hard cases", and in doing so the Law of Finance evolves. Examining such hard cases, Parts II and III analyze courts' roles in influencing finance's key concepts and principles. For Public Law this includes the impact of sovereign immunity, separation of powers or individual rights on the justiciability of financial acts, central banks' mandates, and the interplay between regulatory concepts and fundamental rights. For Private Law, these include the foundations of liability for misstatements, the validity and interpretation of financial contracts, and creditor-creditor conflict. The book further explores the interplay between specialist and generalist courts and other bodies in Part IV, concluding with a case for limited specialization of finance justice in the EU. Offering a comprehensive legal treatment of finance's regulatory sources, this book is an unparalleled resource for law academics, practitioners, and policymakers seeking to better understand the complex financial cases that they may encounter.
Financial services law and distributed ledger technology : regulating cryptoassets and decentralised finance by
This incisive book examines the extent to which existing UK financial service regulations can be applied to digital assets and decentralised financial services provided by distributed networks. Brendan McGurk and Stefan Reichenbach consider the wider legal issues beyond regulatory enforcement, attributable to the use of distributed ledger technology based financial services. Key Features: In-depth exploration of dispute resolution methods available to holders of digital assets. Comprehensive examination of the nature and application of distributed ledgers in the context of financial services. Consideration of the complexities in identifying the appropriate jurisdiction and applicable laws governing crypto disputes. Sector specific analysis of the use of digital assets as securities, within distributed payment systems, and in supporting lending and insurance services. Discussing the benefits and risks associated with the application of DLT, this informative book will be fundamental for financial services practitioners, including solicitors, barristers, and in-house counsel, as well as industry specialists operating within the decentralised finance sphere. It will also be beneficial for academics and researchers in finance and banking law, and technology, media, and telecommunications law"
Fulfilling the Pledge by
An insightful and evidence-based assessment of our urgent need to enact labor law reform--and how to achieve it. Millions of non-union workers want unionization, but our current labor-management relations law conspires to deny them meaningful opportunities to secure collective workplace representation. The resulting low rates of collective bargaining impose economic, political, and social costs on us all. In Fulfilling the Pledge, Roger Hartley addresses the plight of American workers, who face a grim, uncertain future, as the digital workplace reshapes the hierarchical post-World War II industrial relations system that once gave workers a voice. Through empirical evidence and the lens of law and policy, Hartley examines what industrial sociologists call the chronic "representation gap" and clarifies how a wide-ranging movement could build a vocal constituency for the congressional enactment of labor law reform. The pledge made in the 1935 National Labor Relations Act to encourage establishment of industrial democracy--where workers possess a voice in their places of work--remains unfulfilled. Speaking to policymakers, scholars, historians, and the average citizen, Fulfilling the Pledge makes a compelling case for collective workplace representation that serves the greater good, even as American labor relations law continues to undermine collective bargaining by workers and becomes an increasingly significant political and social issue.
How to Include Employability in the Law School by
This accessible How To Guide provides practical guidance on how to successfully include employability into the law school. Innovative ideas are shared on how to establish effective independent employability initiatives and embed employability within the law curriculum itself. Bringing together a team of highly experienced legal educators, this book focuses on providing hands-on tips and advice for both new and seasoned teachers. Contributors present a diverse range of case studies, from small employability initiatives within law modules to authentic methods of teaching and assessment that mimic the workplace. Looking beyond employability solely in the legal sector, they explore how to support the development of students' transferable skills and attributes. The book also highlights important developments in legal education such as including employability considerations in academic tutoring and targeting support towards underrepresented groups of students. How to Include Employability in the Law Schoolwill prove an invaluable guide for legal educators seeking to enhance their teaching. It will also be an important resource for educational developers, providing practical examples of successful employability initiatives tailored to their educational context.
How to Offer Effective Wellbeing Support to Law Students by
This How to Guide will provide readers with information and insights which will better equip them to support law students in a higher education setting. Featuring contributions from an array of eminent academics and student support professionals, this book includes personal reflections, example scenarios and practical tips for those seeking to improve support for student wellbeing. How to Offer Effective Wellbeing Support to Law Studentsdiscusses issues that impact wellbeing from a variety of perspectives including distance learning, the influence of sex and gender on the provision of pastoral support, and the challenges of providing wellbeing support at the same time as maintaining personal wellbeing. Written in an informative yet accessible style, chapters provide strategies to work with law students in a supportive capacity while integrating wellbeing as a core component of day-to-day teaching. Ultimately this How to Guide concludes that although wellbeing support varies between universities, there are universal traits and frameworks throughout that can encourage more effective and tailored welfare assistance. This will be an excellent resource for early career researchers and more established academics in the field of law who undertake teaching and supervisory responsibilities. It will also be of interest to student support professionals as they seek to improve their techniques when working with law students. >
Image-Based Evidence in International Criminal Prosecutions by
The use of image-based evidence in international criminal prosecutions is at a tipping point. In his pioneering book on the topic, Jonathan W. Hak, KC provides critical insight into the authentication and interpretation of images, setting out how images can be effectively used in the search for the truth. While images can convey vital information more efficiently and effectively than words alone, the biases of photographers, the use of image-altering technology, and the generation of images with artificial intelligence can lead to mischief and injustice. In this context, images must be effectively authenticated and interpreted to establish their true meaning. Addressing the growing need for visual literacy, Jonathan W. Hak's Image-Based Evidence in International Criminal Prosecutions systematically explores the value of images as probative and didactic evidence in international criminal law. It analyses existing challenges in the creation, acquisition, processing, and use of image-based evidence, making recommendations for how those challenges might be addressed. In particular, the book investigates emerging technical frontiers in image-based evidence and the potential uses for advanced visual representations like virtual reality, immersive virtual environments, and augmented reality. Ultimately, the book argues that advanced visual representations may have sufficient probative value and proposes cautious parameters for their application in the international courtroom. An essential resource for anyone working with image-based evidence, the book offers significant guidance, relevant legal and technical detail, and recommendations for the use of image-based evidence in investigations and the courtroom.
Intercultural Philosophy and Environmental Justice Between Generations by
This anthology combines an intercultural approach with intergenerational ethics to address critical environmental challenges. Written by scholars from all over the world, including Canada, the US, New Zealand, Nigeria, Ethiopia, Japan, the UK, China, and Spain, this book offers new perspectives on how to foster sustainable societal practises that draw on the past and are fair to future generations. It introduces the Māori idea that views all things and human generations in layered relations; Indigenous accounts of spiralling time and reciprocities among ancestors and descendants; the philosophical dimensions of Chinese conceptions of ancestor spirits and future ghosts; and African accounts of anamnestic solidarity among generations. These ideas influence proposals for how to confront ending worlds and address the environmental future of humanity, making this book a valuable resource for scholars and students of environmental law and policy, environmental humanities, political science, and intercultural and comparative philosophy, as well as policymakers.
Law and Personality Disorder by
In 1999, policymakers in England and Wales advanced controversial proposals for the preventive detention of a group they termed 'dangerous people with severe personality disorders'. Against a background of uncertain scientific knowledge, legal and policy actors have long faced challenges in reconciling the need to prevent crime with the need to respect the rights of the 'dangerous'. Ailbhe O'Loughlin's book, Law and Personality Disorder, situates contemporary debates about 'dangerous' offenders within this decades-old battle between the proponents of liberal legal principles and advocates of social defence. Law and Personality Disorder deconstructs competing images of offenders with personality disorders and the dilemmas they present, combining insights from criminology, psychiatry, psychology, and law. The book thus critically engages with an alluring narrative: the state has a duty to protect the public from 'dangerous' individuals, but it can also protect the human rights of the 'dangerous' by providing them with rehabilitation opportunities. While human rights law is often invoked as a means of curbing the excesses of preventive justice, O'Loughlin demonstrates that the case law of the European Court of Human Rights tends to legitimise coercive measures. Criminal law, furthermore, enables the punishment of offenders with mental disorders by resisting psychiatric evidence that they may not be fully responsible for their actions. Examining gaps in sentencing law, mental health law, and human rights law, this innovative book offers readers a comprehensive interpretation of the laws governing offenders with personality disorders and puts forward proposals for reform.
Legislative Drafting for the EU by
Legislative Drafting for the EUcalls for reform in the design of EU legislation to bolster its strength in political, social, and economic spheres. The book offers technical guidance on how to achieve such reform through drafting, and underlines the importance of accessible communication to create collective ownership of the regulatory aims. This innovative book reveals the weaknesses in the current drafting of EU law and recommends concrete changes for these regulations and directives in order to aid transposition. Highlighting the importance of drafting techniques, Helen Xanthaki offers an insightful analysis of EU legislation and emphasises the benefit of citizen-centred law-making in sustaining loyalty and trust in the EU. The author explores how reform is necessary to reflect the current usage of EU legislative expressions as the final legislative text for regulation, both at supranational and national levels. Considering the best ways to aid this reform, the book discusses legislative effectiveness and regulatory efficacy, Thornton's methodology, and the use of easified and gender inclusive language to achieve clarity, precision, and unambiguity. Providing an incisive examination of EU legislative drafting and its implications for the member states, this thought-provoking book is a crucial read for scholars of European law, legislative drafting, regulation, and EU studies.
Litigating Climate Change in the Global South by
While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.
The Making of Felony Procedure in Middle English Literature by
The Making of Felony Procedure in Middle English Literature explores the literary inheritance of criminal procedure in thirteenth to fifteenth century English law, focusing on felony, the gravest common law offense. Most scholarship in medieval law and literature has focused on statute and theory, drawing from the instantiating texts of English law: acts of Parliament, judicial treatises, the Magna Carta. But those whose job it was to write about the law rarely wrote about felony. Its definition was left to its practice--from investigation to conviction--and that procedure fell to local communities who were generally untrained in the law. Left with many practical and ethical questions and few legal answers, they turned to cultural ones, archived in sermons they had heard, plays they had seen, and poetry they knew. This book reads the documents of criminal procedure--coroners' reports, plea rolls, and gaol delivery records--alongside literary scenes of investigation, interrogation, and witnessing to tell a new intellectual history of criminal procedure's beginnings. The chapters of The Making of Felony Procedure guide the reader through the steps of a felony prosecution, from act to conviction, examining the questions local communities faced at each step. What evidence should be prioritized in a death investigation? Should the accused consider narrative satisfaction when building his plea? What are the dangers of a witnessing system that depends so heavily on a few "oathworthy" men? What can a jury do if the accused's guilt seems partial or complex? And what if the defendant-for whatever reason--refuses to participate in this new, still--delicate system of justice? The book argues that answers they found, and the sources that informed them, created the system that became modern criminal procedure. The epilogue offers some thoughts about the resilience and incoherence of the concept of felony, from the start of the jury trial to the present day.
Moral Rights, Creativity, and Copyright Law : The Death of the Transformative Author by 
NAFTA Chapter Eleven Reports by
Here is the introductory volume to Kluwer's NAFTA Chapter Eleven Reports, an ongoing, comprehensive, and regularly augmented collection of full-text awards and other important decisions issued under the Agreements investor-state arbitration provisions. The texts in the series are supplemented with expert synopses that offer a unique guide to emerging jurisprudence in the field. This initial volume collects and thoroughly indexes selected primary documents essential to a full understanding of the adjudications contained in subsequent volumes. It is designed to be a convenient, stand-alone reference valuable in connection with investor-state arbitrations of all kinds. Among the documents compiled are treaties, arbitration rules, and other legal texts relied upon by arbitrators and parties. The work orders the documents in a logical, user-friendly manner, and includes a detailed index and a full bibliography. The editors of this and subsequent volumes are recognized academics who regularly consult and publish on the investor-state arbitration field. This volume is sure to take is place among the most essential resources not only of NAFTA specialists, but of all practitioners and academics in the field of investor-state arbitration.
Non-fungible tokens (NFTs) : emerging legal & policy considerations by
"Non-fungible tokens (NFTs) are blockchain-based assets which represent a paradigm shift in what it means to own physical or digital property. NFTs have a large range of applications, from applications from ownership of digital art, to membership in an exclusive “metaverse” community, to representing ownership of real-world assets like real estate. Surprisingly, however, there is currently no legislation and almost no guidance from regulators in Canada relating to NFTs. This book offers such a guide, to help readers understand the technology that underpins NFTs as well as the cutting-edge legal issues they present. It includes chapters dedicated to intellectual property, consumer protection, NFT theft, royalties, securitization, taxation, and privacy concerns, with discussion on emerging issues throughout. In addition to including real-life case studies, this book includes discussions and subsections related to contract law principles, the “code is law” argument, anti-competitive practices, decentralized autonomous organizations (DAOs), and soulbound NFTs. This book is a must-read for legal practitioners and policy makers seeking to understand NFTs and their potential to forever change the legal landscape."
Non-Human Rights by
Non-human rights are a reality today: this book unpacks their paradoxes as well as their significance for our historic crucible. As animals, rivers, mountains, rainforests, ecosystems, and synthetic entities such as machines, AI, and robots gain recognition as subjects of rights in different parts of the world, non-human rights become part of our ordinary legal landscape and vocabulary. This timely book provides a critical outlook on this rising trend at the crossroads of two of the main concerns of the 21st century: climate change and automation. In seeking to address the foundations, genealogies, philosophies, and impacts of non-human rights, the contributors to this volume examine both their potential and limitations. Are non-human rights just a mere extension of the liberal human rights discourse or, as some suggest, something else and new based on different principles? Are they a 'revolution' or just 'more of the same'? Are they a practical solution that could 'save us' from climate disaster and self-destruction through automation or part of the problem and obstacle for social change? This book will be a vital resource for scholars and students of human rights, environmental law, animal rights, law and technology studies, legal theory, socio-legal studies, constitutional law and public international law. Providing an accessible overview of the changing patterns of the rights discourse in contemporary societies, it will also benefit anthropologists, climate and animal rights activists, political scientists, international relations scholars, policy makers and sociologists.
The Oxford handbook of international law and development by
The Oxford Handbook of International Law and Development' is a unique overview of the field of international law and development, examining how normative beliefs and assumptions around development are instantiated in law, and critically examining disciplinary frameworks, competing agendas, legal actors and institutions, and alternative futures.
The Oxford handbook of international law and the Americas by 
Policing Sport Mega-Events by
Security has become one of the most important aspects of sport mega-event organisation. This book explores how Rio de Janeiro was imagined and transformed into a security fortress when the 2014 Men's World Cup and the 2016 Olympics came to the city and how the fortress was nonetheless permeable and porous. Dennis Pauschinger experienced exceptional backstage access at high level in the Brazilian mega-event security architecture as well as at street level with the local public security sphere. His ethnographic account takes us from the hidden world of surveillance and control centres, to the security perimeters around stadiums, and to the mundane routine of police officers during day and night shifts at local police stations or at the Special Forces' headquarters. This book shows how police officers' emotions and Special Forces' war narratives impact the static and technology-based security models at mega-events and how traditional patterns of police work, along lines of class and racial inequalities, still prevail and shape the city's public security. The book argues against the common narrative of the positive impacts of mega-event security legacies upon host cities by advancing towards a general understanding of how security governance is carried out in places where the use of digital security technologies co-exists with overly lethal and repressive forms of policing.
Political Engagement in Canadian City Elections by
Municipal elections in Canada don't look much like those held at the federal and provincial levels. A key difference is a significant discrepancy in voter turnout, but relatively little is known about why far fewer people vote in city elections. Voters show less interest in local government, seeing it as less influential than other levels, yet they believe their views matter more to local politicians. Political Engagement in Canadian City Elections explores this apparent contradiction by asking who participates in politics, how they go about it, and why. Drawing from the Canadian Municipal Election Study, a novel survey of electors in eight large cities across the country in 2017 and 2018, contributors consider factors ranging from the universal - such as the demographic profile of voters or how economic conditions affect them - to the specific - for example, participation in school board and council elections. There are more municipal elections than any other kind in Canada. The discoveries in Political Engagement in Canadian City Elections collectively represent a major leap forward in our understanding of voter activity at the community and municipal level.
Post-Award Interest in the Asia-Pacific by
The Yukos Awards are among some of the most widely discussed awards in international arbitration. A remarkable point that does not receive the "interest" it deserves is the fact that post-award interest has added USD 7 billion to the awarded value--making a considerable impact on arguably the biggest case to be handled via international arbitration. Even though post-award interest can have very serious economic consequences, most attention in academic literature to the question of interest is limited to pre-award interest, where the discussion revolves around formulaic approaches towards ensuring that pre-award interest is accounted for in claims for compensation. Post-award interest is either ignored completely or when discussed, there is not enough appreciation of the complex questions (in terms of conflict of law, specific jurisdictional issues, among others) that are central to any reasonable discussion of post-award interest. Responding to the dearth of attention paid to this very serious but often overlooked area, this text provides an in-depth analysis of the subject ensuring comprehensive coverage of all relevant issues in major Asian Pacific and Middle Eastern jurisdictions--arguably the fastest-growing economic regions in the world. The book is structured in a manner where a leading lawyer from a jurisdiction has contributed a chapter providing analysis on all possible questions that a reader may have in relation to post-award interest. The eighteen jurisdictions that have been covered are: Australia, Hong Kong, India, Indonesia, Japan, Malaysia, Myanmar, New Zealand, Pakistan, People's Republic of China, the Philippines, the Republic of Korea, Singapore, Taiwan, Thailand, Qatar, United Arab Emirates, and Vietnam. Each chapter provides an in-depth analysis of the law on post-award interest, including questions of private international law while simultaneously providing practical guidance on the following questions: power to award post-award interest; determination of applicable rate; procedural questions; public policy issues; and role of national courts. The text is structured in an easy-to-use manner, with each author responding to the same set of questions, making comparative research across jurisdictions very easy and efficient. Parties and counsel involved in arbitral proceedings with a nexus to the jurisdictions covered in this book will find the insights provided valuable and, unquestionably, so will arbitral tribunals. From an academic perspective, this publication is sure to lead to further debate on the topic. Policymakers may also take inspiration from comparing the approach taken in other jurisdictions on matters of post-award interest when refining the legal framework in their home jurisdictions. This book will hopefully contribute to the ongoing efforts to bring about consistency and predictability in the manner in which tribunals deal with damages in general, and post-award interest in particular.
Predictability in Oil and Gas Investment Agreements by
This rigorous book explores the opposing investor-state relationship and argues that a stable investment environment is achieved when the rights of both parties are recognised and balanced. Stanislava Nedeva examines how both certainty and predictability can be achieved in oil and gas investment agreements and identifies the ways in which political risks to contractual stability and indirect expropriation can be mitigated. Nedeva draws on theoretical and practical dimensions in discussion of key theoretical doctrines and proposes practical solutions to the problems facing investment stability. The book provides a comprehensive analysis of the key aspects of stability such as good faith, fair and equitable treatment, stabilisation, umbrella and adaptation clauses, model and signed oil and gas contracts, and relational contracts theory. Numerous case studies are critically analysed with a particular focus on the instruments and factors which represent the continuity of the business relationship, respect for the host state's sovereignty, and the investor's need for clarity and stability of rights and obligations. International in scope, this timely book will be of great interest to academics, researchers and students interested in arbitration and dispute resolution, energy law, and international investment law. With numerous practical implications, this book will also be beneficial for legal practitioners and arbitrators.
Pufendorf's International Political and Legal Thought by
Contemporary research on the genealogy of human rights and the foundations of international law has brought renewed interest to the study of natural law in the early-modern period. German-born Samuel Pufendorf (1632-1694) is one of the eminent thinkers of this tradition, shaping the period's natural jurisprudence. This unique collection of essays edited by historian of political thought Peter Schröder fills in a gap in Pufendorf scholarship, exploring the significance of his contributions to political and legal thought on a broad scale. While many books studying Pufendorf's work are confined to one specific academic area, Pufendorf's International Political and Legal Thought is truly interdisciplinary, and the first book to substantially address the international aspect of Pufendorf's work. Ambitious and accessible, this collection is indispensable for scholars and students of intellectual history, political thought, international legal history, the Enlightenment, and political economy. With its focus on international law, Pufendorf's International Political and Legal Thought is a critical addition to the existing body of work on this renowned philosopher and jurist.
Regulating EU Capital Markets Union by
The current framework of EU regulation concerning capital markets is complex and partly inconsistent in the way that it is applied in the various Member States. Through the Capital Markets Union (CMU) project the European Union is pursuing the goal of establishing a true single market for capital in Europe. Regulating EU Capital Markets Union: Fundamentals of a European Code is the first of a two-volume series proposing the codification of EU legislature as a way to establish this goal. This book analyses all existing capital markets regulation. It explains the idea of codification, looks at the added value of a European Capital Markets Code, discusses key concepts of the current regimes and elaborates on the goals of the future codification act. The work explores the idea that the provisions spread over numerous rulebooks should be brought together in a single legal act in the form of a regulation and organized in a systematic way to reduce complexity thereby facilitating accessibility of capital markets law. Drawing on the experience of academics from various European countries, this volume discusses possible contents of a European Capital Markets Code, addresses approaches to regulatory reforms and explores the role of private enforcement.
Research handbook on international solidarity and the law by
"This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality. The Research Handbook on International Solidarity and the Law analyzes the scope of international solidarity in relation to human rights and duties, in particular the need to safeguard transnational civic spaces to promote emancipatory strategies for marginalized groups. Contributors examine Third World Approaches to International Law (TWAIL) and gender perspectives, explore regional interpretations and applications, and address topical areas such as peace, development, trade law, migration, anti-corruption, corporate sustainability, law of the sea, digital technology law, and energy law. In addition, the Research Handbook highlights how the phenomenon of polarization and decoupling across the world underscores the need for institutional reform to build international solidarity. Providing discussions on this Research Handbook will be an essential resource for students, scholars, policymakers, and practitioners of human rights law, international affairs, public international law, and peace and security law"--
Research Handbook on Marine Insurance Law by
This erudite Research Handbook presents in-depth analyses on marine insurance law, exploring its fundamental issues, legal conflicts and the ways in which technology has changed the marine insurance landscape. Bringing together a vast array of expert legal scholars and practitioners, this book adeptly relates marine insurance to international trade, cyber insurance and pandemic exclusions. Chapters cover protection and indemnity insurance, marine insurance fraud and emerging technology, total losses under marine policies and the insurance requirements in Incoterms® 2010 and 2020. Offering a detailed assessment of crucial legal principles including duty of utmost good faith, subrogation in co-insurance, wilful misconduct of the assured and conflicts of law, this Research Handbook provides a vital contribution to this continually developing legal field. The Research Handbook on Marine Insurance Lawwill be a necessary resource for academics, researchers and students specialising in maritime law, international commercial law, insurance law and private international law. Providing practical case studies as evidence, it will also be beneficial to legal practitioners and professionals working in shipping and international trade industries.
Research Handbook on Surrogacy and the Law by
This essential Research Handbook provides a multifaceted exploration of surrogacy and the law, examining a variety of critical yet under-researched perspectives including globalisation, power, gender, sexual orientation, genetics, human rights and family relations. Bringing together diverse, expert contributors, this contemporary Research Handbook covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives. Building on case studies from a multitude of countries, astute authors tackle significant issues related to surrogacy in their legal context, as well as their theoretical, cultural and political complexities. The Research Handbook on Surrogacy and the Lawwill be a crucial resource for scholars and students specialising in family law, as well as those interested in human rights law, health law, social science and social policy. Highlighting avenues for future research and legislation, it will also be beneficial to legal practitioners and national and international policymakers in the field.
Responsibility for Environmental Damage by
Engaging with one of the most consequential issues of our time, this book provides a thoughtful analysis of responsibility for environmental damage under international law. It conceives of responsibility in a comprehensive way, tackling the legal responsibility, liability and accountability of state and non-state actors for harm they cause to the environment. Responsibility for Environmental Damagetraverses the primary and secondary rules of international law, the responsibility, liability and accountability of states, international organizations, corporations and individuals, as well as existing, new and emerging regulatory frameworks. It engages with the consequences of environmental harm, appraising both orthodox legal doctrines and cutting-edge questions like shared responsibility, equitable considerations, full reparation, response measures under liability regimes, corporate responsibility, ecocide and responsibility for climate change, amongst many others. In doing so, the book evaluates whether the law is equipped to deal with the novel challenges that environmental damage presents and argues that new legal tools are needed to effectively tackle some of the most significant threats to our planet. This book is an essential resource for undergraduate and postgraduate students as well as scholars who conduct research on responsibility, liability or accountability for environmental damage in the areas of public international law, international environmental law, human rights, international criminal law and international economic law. International law practitioners, judges, arbitrators, policymakers, and those working for think-tanks and NGOs will similarly benefit from this valuable work.
The Rights of Indians and Tribes by
The Rights of Indians and Tribes explains Federal Indian Law in a conversational manner, yet is highly authoritative, containing over 2000 footnotes with citations to relevant court decisions, statutes, and agency regulations. Since its initial publication in 1983 it has sold over 150,000 copies. It is user-friendly and particularly helpful for tribal advocates, students, government officials, lawyers, and members of the general public. The book uses a question-and-answer format and covers every important subject impacting Indians and tribes today and discusses which governments-tribal, state, and federal-have authority on Indian reservations. This fully-updated fifth edition provides a Foreword by John Echohawk, Director of the Native American Rights Fund, and covers the most significant legal issues facing Indians and Indian tribes. This includes the regulation of non-Indians on reservations, definitions of important legal terms, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act.
The Sentinel State by
Countering recent hype around technology, a leading expert argues that the endurance of dictatorship in China owes less to facial recognition AI and GPS tracking than to the human resources of the Leninist surveillance state. For decades China watchers argued that economic liberalization and increasing prosperity would bring democracy to the world's most populous country. Instead, the Communist Party's grip on power has only strengthened. Why? The answer, Minxin Pei argues, lies in the effectiveness of the Chinese surveillance state. And the source of that effectiveness is not just advanced technology like facial recognition AI and mobile phone tracking. These are important, but what matters more is China's vast, labor-intensive infrastructure of domestic spying. Central government data on Chinese surveillance is confidential, so Pei turned to local reports, police gazettes, leaked documents, and interviews with exiled dissidents to provide a detailed look at the evolution, organization, and tactics of the surveillance state. Following the 1989 Tiananmen uprising, the Chinese Communist Party invested immense resources in a coercive apparatus operated by a relatively small number of secret police officers capable of mobilizing millions of citizen informants to spy on those suspected of disloyalty. The CCP's Leninist bureaucratic structure-whereby officials and party activists penetrate every sector of society and the economy, from universities and village committees to delivery companies, telecommunication firms, and Tibetan monasteries-ensures that Beijing's eyes and ears are truly everywhere. While today's system is far more robust than that of years past, it is modeled after mass surveillance implemented under Mao Zedong and Chinese emperors centuries ago. Rigorously empirical and rich in historical insight, The Sentinel State is a singular contribution to our knowledge about coercion in the Chinese state and, more generally, the survival strategies of authoritarian regimes.
Shaping the Law of Obligations by
Ewan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour. The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good faith, frustration, the illegality defence, contractual interpretation, the basis for different forms of damages, the role of contracts in family life, corporate liability, the Marex tort, receivables financing, the regulation of international commercial contracts, the sale of goods, the development of transnational commercial law, mistakes of law, and implied terms. All 25 of the contributors have either been taught by, or worked closely with Ewan McKendrick (or, in some cases, both); and are all leading academics and/or practitioners, including two current members of the United Kingdom Supreme Court and a Justice of the High Court of Australia.
Sustainable finance and climate change : law and regulation by
"Sustainable Finance and Climate Change explores the legal and regulatory framework that governs the transition to a carbon free economy, looking in particular at the regulation of the financial sector and corporate liability for climate change and biodiversity loss. In addition, it looks at the effect on general corporate law, environmental law, central bank law, as well as litigation and arbitration. Key Features: Discussion of the duty of societal responsibility in the context of corporate governance. Practical analysis of arbitration and litigation in the resolution of climate change-related disputes. Exploration of the role of investors in the new sustainable finance-related regulatory framework. Comprehensive examination of sustainable finance in South Africa. In-depth analysis of the role of law and regulation in providing sustainable finance by means of various financial modalities. Evaluation of the newly-established framework in the EU, including the Climate Law, the taxonomy and the role of the ECB as a monetary and supervisory authority. This important book will be a key resource for practitioners specialising in financial services, environmental law and dispute resolution, and will also appeal to scholars in these fields"-- Provided by publisher.
Trade, labour and sustainable development : leaving no one in the world of work behind by
"Examining the relationship between trade and labour regulation in light of the pressing need to promote sustainable development, Tonia Novitz interrogates how international legal architecture could be reformed so that no one in the world of work gets left behind. She highlights the dangers of pursuing labour and environmental issues on parallel tracks without recognising how they interact, ultimately arguing for the crafting of the content and application of trade rules through participatory processes, which involve the inclusive representation of all sectors of the labour market and all parts of the world. This timely book explores the potential promise of economic, environmental and social dimensions of sustainability, alongside the concrete limitations evident at the International Labour Organization, the International Monetary Fund, the World Bank Group and the World Trade Organization. The author interrogates the capacity for regional trade arrangements to operate in innovative ways, considering the European Union (EU) as a case study. Novitz further considers how corporate governance could be regulated to promote sustainable development in trade supply chains. Expansive in scope, this book will be a vital read for scholars and students in the fields of labour, trade, company and EU law, as well as politics and international relations. It will also assist policy makers and officials connected to international organisations and regional trade institutions"
Treaties in Parliaments and Courts by
Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courts' engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions. With intellectual rigour, Felix Lange demonstrates how diverse conceptions of foreign relations law affect whether parliaments act as promoters, shapers or translators of human rights treaties, the Rome Statute to the International Criminal Court, and climate change treaties. Lange not only analyses the ways in which domestic courts rely on treaties through consistent interpretation and direct application, but also how they may dismiss treaty provisions as non-self-executing or employ the concept of non-justiciability in matters of foreign affairs. Ultimately, Lange embraces the view that parliaments and courts are being increasingly heard and suggests that their voices should become even louder. This book will prove indispensable to academics and students interested in law and politics, public international law and constitutional law. Legal practitioners with a keen interest in these areas will similarly benefit from the connections drawn between international law and constitutional law.
VAT in the Digital Era by
With the growth of the digitalized economy, VAT on cross-border digital supplies has emerged as an important issue. Yet, views and practices regarding the application of the VAT on these supplies differ significantly across different jurisdictions. A lack of international VAT harmonization can cause double taxation or unintended double non-taxation, resulting in distortions and revenue losses. VAT in the Digital Era considers unilateral and multilateral options for the creation of an internationally coordinated VAT framework. Providing analysis of the status quo in key jurisdictions, the book explores the implications of the digitalized economy for the VAT systems across borders. It outlines possible approaches that can be taken to achieve a more consistent international VAT treatment of cross-border supplies, and the extent to which a multilateral solution would be preferable and achievable at the international level. Bringing together contributions from leading international voices in the VAT law and policy and international taxation fields, VAT in the Digital Era addresses current issues and proposes ways to coordinate VAT rules on cross-border digital supplies. This new book is essential reading for academics, researchers, governments, and other financial organisations involved with the world's most important indirect tax.
Women's Property Rights under CEDAW by
The gender gap with respect to wealth and property is a chasm. For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women in relationships; family rights, including inheritance; rights to land, adequate housing, financial credit, social benefits, intellectual property, and other economic rights dependent on equal access to justice.This book uses the CEDAW Committee's own texts: its General Recommendations, Views in response to communications, Concluding Observations in response to State reports, and Reports on Inquiries. The book finds that CEDAW's vision of what it means for women to have equal rights to property is dramatically different from what many scholars consider to be the leading source of "the international law of property," namely the case law generated on behalf of foreign investors' property under the international investment regime. CEDAW's vision is also more far-reaching and nuanced than the gender equality approaches followed by international financial institutions like the World Bank, whose gender equality rhetoric exceeds its actual on-the-ground development efforts.While CEDAW's property rights converge with those protected under other international human rights regimes, they remain unique in addressing the underlying patriarchal structures, stereotypes, and forms of intersectional discrimination that have undermined the fundamental rights of women and girls and led to their continued impoverishment all around the world. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.
