New Books: Foreign, International, and Comparative Law

At specific moments in the history of Africa, Europe, and Latin America, each region decided to create supranational jurisdictions to protect human rights. These are, in chronological order, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights. While each has been the subject of important, dedicated monographs, no major study has analysed both the institutional and jurisprudential issues of all three regional systems.The 3 Regional Human Rights Courts in Context: Justice That Cannot Be Taken for Granted is the first book to offer a comprehensive comparison of the three systems. Rather than merely juxtaposing analogous features, the book considers how the three courts operate as parts of a greater, integrated whole. Similarities and differences between the courts are illuminated alongside historical, political, and sociological insights, in addition to the book's primary legal focus.Close analysis of the processes by which the courts came into being makes it clear that, regardless of distinct political, cultural, or other variances, states on each of the three continents have chafed against international supervision. The book also debunks the common belief that, after the Second World War, the thrust of human rights initiatives was so powerful that states no longer need to discuss them. Justice cannot be taken for granted--a position further supported by the book's analysis of how each court has evolved and how their rulings have been implemented.Laurence Burgorgue-Larsen's dynamism and multidisciplinary approach makes it possible to truly understand the stakes behind the institutional and jurisprudential developments of the three regional human rights courts. This is a book that will interest not only legal practitioners but also specialists in international relations, human rights, and countless other fields.

With the promise of greater efficiency and effectiveness, public authorities have increasingly turned to algorithmic systems to regulate and govern society. In Algorithmic Rule By Law, Nathalie Smuha examines this reliance on algorithmic regulation and shows how it can erode the rule of law. Drawing on extensive research and examples, Smuha argues that outsourcing important administrative decisions to algorithmic systems undermines core principles of democracy. Smuha further demonstrates that this risk is far from hypothetical or one that can be confined to authoritarian regimes, as many of her examples are drawn from public authorities in liberal democracies that are already making use of algorithmic regulation. Focusing on the European Union, Smuha argues that the EU's digital agenda is misaligned with its aim to protect the rule of law. Novel and timely, this book should be read by anyone interested in the intersection of law, technology and government.

From the perspective of individual taxpayers to international tax norm negotiators, the anthropologists in this collection explore how taxes shape our world: our social relationships and value regimes, how we exclude and include, the categories we think with, and the way we share with each other. A first of its kind, it presents an anthropological discussion about tax rooted in ethnographic work. It asks fundamental questions such as: what is tax, what is taxable, and what do taxes do? By forwarding multiple perspectives from around the world about fiscal systems and how they are experienced and constituted, Anthropology and Tax reconceptualises tax in society. In doing so, this volume makes an incisive intervention in what might be one of the most important debates of our time - that of fiscal sociality. This title is also available as Open Access on Cambridge Core.

As simple as the arbitrability question might appear (namely, what types of issues may and may not be submitted to arbitration), for a legal system to set a clear and consistent approach to arbitration, it must consider many complicated factors that relate to public policy and economic priorities as well as international relations. This comprehensive, precise, and practical book identifies and analyzes the fundamentals of, and major approaches to, arbitrability in the current international context. The authors focus on nine major arbitration jurisdictions--the United States, Canada, France, England and Wales, Switzerland, Germany, China (Mainland), Hong Kong, and Singapore--with meticulous attention to each jurisdiction's pertinent case law and legislative framework as well as relevant commentary. For each jurisdiction, the arbitrability of disputes in the following fields of law is discussed: antitrust/competition; bankruptcy/insolvency; consumer; corporate; family/domestic relations; intellectual property (copyright, patent, and trademark); labor/employment; securities; and torts. Based on the jurisdiction-by-jurisdiction analysis, the authors identify key areas in which the selected jurisdictions share similarities and evince differences with respect to each of the above-mentioned fields. With a structure that enables readers to easily locate what they are looking for and gives clear-cut answers, this unique book fully elucidates the notion of arbitrability by identifying the key concepts, the applicable rules, and different criteria for arbitrability and by explaining how different jurisdictions deal with specific types of disputes. It will be welcomed by counsel, arbitrators, judges, students, and academics active in international arbitration and the enforcement of arbitral awards.

This book challenges the traditional understanding of belligerent reprisals as a mechanism aimed at enforcing the laws of armed conflict. By re-instating reciprocity at the core of belligerent reprisals, it construes them as tools designed to re-calibrate the legal relationship between parties to armed conflict and pursue the belligerents' equality of rights and obligations in both a formal and a substantive sense. It combines an inquiry into the conceptual issues surrounding the notion of belligerent reprisals, with an analysis of State and international practice on their purpose and function. Encompassing international and non-international armed conflicts, it provides a first comprehensive account of the role of reprisals in governing legal interaction during wartime, and offers new grounds to address questions on their applicability, lawfulness, regulation, and desirability. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

This book explores the private law implementation of the new international and EU regulatory framework targeting decarbonisation in the shipping industry. Compared with other sectors, the shipping industry has traditionally been labelled a 'slow mover' concerning the sustainability agenda. However, new regulatory measures on carbon reduction both internationally and in the EU require fundamentally new developments in the industry. This book focuses on the goal of carbon reduction from a private law perspective and considers how the new regulatory framework can be implemented in the shipping industry. This book studies existing contractual provisions in charterparties and bills of lading alongside new contractual model clauses designed to facilitate carbon reduction. It considers how the new clauses should be interpreted, whether they will transform traditional shipping contracts into more collaborative contracts, and how they will interact with other clauses in the contract and with other contracts in the supply chain. The contractual analysis is considered in context, reflecting on enforcement issues, such as Port State Control (PSC), the Poseidon Principles, and climate change litigation. The book also analyses the related topic of shipping contracts for carbon storage as a necessary means of meeting carbon reduction targets. The book is intended to pave the way for understanding how core shipping contracts can work in this new context and the extent to which the new types of clauses will profoundly transform contracts. It presents contributions by experienced and younger academics and practitioners from Asian, European and Scandinavian legal systems.

This book is a collection of essays based on the thoughts generated by teaching courses and doing research related to the sociology of education and sociology of law over the years in TISS. It compiles theorizations, judgements, consequences, and ramifications to present a collection of free-thinking essays around the interrelated themes of caste, reservation, atrocity law, and discrimination. While it takes into account existing thinking on particular matters, it also reaches new junctures and presents them to the reader. Among other topics, this book also details the academic strategy for undermining caste, discusses the popular polemic around reservation, and explores the interface between criminal law and caste. The subject matter of this book also includes: Escape from Caste Through Conversion: Is there a Way Out or a Way In? Reservation and the Creamy Layer Principle: Solving the Puzzle Questioning Excellence: Expelling 73 Students in IIT Roorkee Lacking the Basics: The Supreme Court Judgement on Atrocities Act Law and Exclusion Print edition not for sale in South Asia (India, Sri Lanka, Nepal, Bangladesh, Pakistan or Bhutan)

Arguing for a pro-democratic approach in authoritarian times, this book challenges the focus on age in identifying children in child rights. It argues that, even for the purposes of a benevolent rights regime, adopting a monist construction of child identity artificially separates the law from reality, potentially foreclosing children's democratic deliberative agency in self-identification. An essential feature of other human rights regimes is the scope for a claimant to argue one's identity, or foundationally 'I am a human being;' but such a contention is foreclosed when identification as a child is decided uniquely by reference to age. Drawing on Critical Race Theory's narrative method and inspired by W.E.B. DuBois' identity construction, Professor Grahn-Farley advocates a new theoretical understanding of the child and of child rights, cognisant of social interaction and democratic participation. This book will appeal to researchers in child and human rights, and to sociologists, legal theorists and activists.__This title is part of the Flip it Open programme and may also be available Open Access. Check our website Cambridge Core for details.

Should Chinese energy investments be excluded from the liberal economic system based on geopolitical assessments only? This book explores the potential regulatory control by the Chinese government over foreign energy investments to achieve their perceived strategic objectives. Host states in which Chinese energy companies make investments have increasingly opposed Chinese energy investments in their national security reviews, based on concerns that these investments have strategic objectives. The book analyses China's investment-related law, regulations, and energy policies to examine how overseas energy investment-making is governed. The book also explores the role of the Chinese government in energy investment promotion and protection. Uniquely, the examination of China's potential regulatory control provides an objective criterion, rather than geopolitical considerations, for host states to assess the nature of Chinese energy investments. The book helps readers to open the 'black box' of Chinese energy investments from a regulatory perspective. It is a useful resource for researchers as well as practising lawyers assisting their Chinese clients through national security reviews, or when trying to determine whether China's SOEs can bring cases before investor-state arbitration tribunals.

The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.

This book addresses the relationship between efficient management of critical minerals and sustainability in the Global South, including Sub-Saharan Africa. Critical minerals are essential raw materials for the technologies that are pivotal in today's energy transition. However, critical mineral host states and communities face social, economic, ecological, political, technological, and governance injustices. The book contends that the criteria currently used in assessing criticality and critical mineral development do not fulfil the sustainable development ambitions of developing countries and that broader considerations must be taken into account to include the stakeholders involved as well as the spatial dimension of the critical mineral value chain. In particular, the book argues that the law must consider the broader context in which minerals become critical to particular processes. It positions this argument within the current context of climate change, the just energy transition, the minerals-energy nexus, and geopolitical tensions. By analysing the copper-cobalt value chain through case studies on DRC, Zambia, China, and the EU, the book provides new avenues for critical mineral development and acknowledges the necessity for sustainability amidst the exacerbated impacts of climate change. Addressing a key challenge of the global energy transition, the book argues for a just holistic framework, which includes parameters such as domestic value addition, human rights in business development, environmental sensitivity, the development of communication channels from remote marginalised communities to international policymakers, and the re-designing of criticality considerations beyond supply and economic aspects.

The book provides an up-to-date, comprehensive, and critical explanation of digital commons in China. It aims to reshape the theoretical discussion of digital commons, stressing the significance of digital mode of production and power division structure between government and digital platforms--both characters shed light on how China has developed its digital economy and maintained a relatively innovative cyberspace during the past 20 years. This book could serve as a foundational analysis for future studies on China's Internet. The book will appeal to scholars, entrepreneurs, and policymakers interested in digital commons, governance of cyberspace, and China's political economy.

The interpretation and application of the competence-competence principle are not uniform across jurisdictions. Conflicting approaches - to the extent, effects, and consequences of permitting an arbitral tribunal to decide on its own jurisdiction and the proper timing for judicial involvement - rest upon significant theoretical and policy concerns that have practical implications. Focusing on Article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration, this book thoroughly examines a question of timing: whether national courts should (or could) conclusively settle jurisdictional disputes before or after the arbitrators have determined jurisdiction.  Covered in the analysis are such salient issues and aspects as the following:            prima facie versus plenary or full standard of judicial review;          obligations and powers the law affords judges in the presence of an (even putative) arbitration agreement;          cases highlighting the controversies in interpreting and applying the Model Law''s concepts, principles, and rules; and          detailed analysis of the text of the Model Law, including its drafting history.   Article 8(1) of the Model Law is analysed according to its interplay with other provisions of the same instrument and the New York Convention.   As a nuanced, deeply informed approach to interpreting national arbitration statutes that adopt the UNCITRAL Model Law, this book will help practitioners and judges approach judicial disputes over arbitral jurisdiction with full awareness of applicable rules and principles in an arbitration-friendly fashion. It provides matchless guidance through the intricacies of early determination of jurisdiction by balancing the legitimacy, efficacy, and efficiency of arbitration. For academics and policymakers, it will contribute to an ongoing paradigm shift away from state law and methodological nationalism towards transnational legal pluralism.  

Empowering the UN Security Council: Reforms to Address Modern Threats provides an in-depth analysis of the challenges and opportunities associated with empowering the United Nations Security Council (UNSC) to fulfil its primary responsibility: to maintain international peace and security. Across ten chapters, this timely book addresses several areas of possible reform, without amending the UN Charter, to improve the representative character of the UNSC, empower its elected members, restrain the use of the veto, and enhance the UNSC's ability to respond to modern threats including aggression and mass atrocity crimes. It explores the UNSC's relations with internal and external partners, including tapping the potential of the UN General Assembly, reinforcing the International Court of Justice and the International Criminal Court, as well as strengthening cooperation with regional arrangements. Now, more than ever, there is a realistic possibility borne out of the imperative of necessity to reform the UN Security Council to better ensure international peace and security for future generations. Bringing together an international cast of experts from multiple disciplines and all five regions of the world, Empowering the UN Security Council offers a roadmap toward a more legitimate and effective UNSC.

This book looks at the constitutional and regulatory frameworks of loan and debt recovery laws and legislations. It explores different aspects of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, along with the issues and challenges in enforcing the Act in India. The book explores the evolution of debt recovery laws in India by analysing various past cases and legislations relating to the recovery of dues by banks and financial institutions. Taking the rights of both banks and borrowers into consideration, it provides a description of the relevant provisions of the SARFAESI Act and its implications. The author analyses relevant case laws and practical experiences to highlight the positives and the issues of the SARFAESI Act that have strengthened the creditor's rights in India. The book also looks at the consolidation of insolvency and bankruptcy laws in India that have contributed to the process of debt recovery while protecting customers. Lucid and comprehensive, this volume will be an indispensable resource for students and researchers of law, business and company law, monetary economics, macroeconomics, Asian law, and comparative law. It will also be useful for teaching faculty, legal practioners and bankers.

Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

This book provides a comprehensive analysis of the illicit practice of football trafficking, focusing on the exploitation of underage African players being transferred to Europe. It delves into the broader context of human trafficking, examining relevant international laws and their application to football. Through critical analysis of FIFA's regulatory framework, the book questions the effectiveness of the organisation's current anti-trafficking policies and proposes actionable solutions for reform. By integrating theoretical insights with practical recommendations, the book outlines strategies such as Sport for Development and Peace (SDP) programmes and child-centred approaches to protect vulnerable young athletes and address some of the core factors that drive the occurrence of the crime. This book is an essential resource for scholars, policymakers, legal professionals, and stakeholders in the sports industry. It offers valuable insights into the complex interplay between sports, law, and human rights, making it particularly relevant for those interested in sports law, international law, and human trafficking prevention. Readers will benefit from the book's in-depth exploration of the regulatory challenges at play and the array of proposed remedies, giving readers a deeper understanding of how to create a safer and more ethical environment for the at-risk youths involved in football globally.

Merten Reglitz proposes a new human right that ensures Internet access for those who cannot afford it and protects that right from arbitrary interferences by those that would exploit it for harm. The first part of the book justifies the claim for this new right by showing how Internet access is vital for the enjoyment of human rights around the globe. In the second part, Reglitz specifies the content of this right, assessing today's standard threats to Internet access. He recommends a minimum international standard of connectivity and explains how states have misused the Internet. He documents how private companies already manipulate both internet access and content to maximise profit, and how lack of rights enforcement allows people to harm others online. The book establishes that a new human right to free internet access is essential to secure its role for the benefit and progress, not detriment, of humanity.

Lerong Lu examines the biggest change in modern financial industry - the Fintech (financial technology) revolution - that denotes the close interaction between the financial services industry and latest information technologies such as big data, cloud computing, blockchain, and artificial intelligence. The three areas of banking institutions, online lending marketplaces, and money and payment systems are explored to assess how financial innovations affect the traditional financial industry, what kinds of regulatory challenges arise, and how global policymakers react to such challenges. With in-depth and international case studies on Fintech, including app-based banking services, mobile payments, P2P lending, and cryptocurrencies, the global Fintech hubs in six continents are assessed. The complex, dynamic, and multidimensional Fintech ecosystem is also investigated including its key players (such as regulatory strategy, regulatory sandbox, and RegTech) and Fintech corporations (including financial holding companies, Fintech unicorns, BigTech firms, and Metaverse platforms). Lu highlights the enormous benefits for financial institutions and their consumers and argues that Fintech contributes to a more equal, democratic, inclusive, and sustainable financial system. However, he also considers the risks and multiple legal, ethical, and regulatory challenges for policy-makers and financial authorities that Fintech has posed.

This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.

A powerful and sophisticated analysis of how Western professionals have enabled kleptocratic elite networks and undermined the rule of law.After the Cold War ended, the British government created the conditions under which a large, multinational class of extremely wealthy kleptocrats based primarily in Russia and Eurasia could move to and thrive in London with a genuine sense of impunity. What is the role of professional enablers in the rise of kleptocracy?In Indulging Kleptocracy, John Heathershaw, Tena Prelec, and Tom Mayne examine the broad range of financial, legal, and related services provided in the UK with respect to suspicious wealth from Russian and Eurasian elites. Through a series of rich, gripping case studies, the authors show how powerful legal and financial service industries that know how to game the system have made it possible for these corrupt elites to operate with relative impunity. They detail how these enablers exploit deregulation and the under-enforcement of the law, offshore their clients' wealth, and enhance their reputations and influence via philanthropy, political donations and the use of the UK's punitive libel regime. They further argue that kleptocracy is not just a moral and economic problem that sits at the margins of real politics, but it impoverishes the global south and undermines institutions in the global north, eroding faith in democracy by empowering corrupt elite business-political networks in global politics.Shedding light on dangerous patterns of corruption, Indulging Kleptocracy explores one of the most fascinating stories in the post-Cold War era and offers suggestions on how to break the system of indulgences and stymie the globalization of kleptocracy.

The WTO is facing an unprecedented crisis, one which threatens to critically erode its relevance and destabilize global trade. Some member states have become increasingly distrustful of other WTO members, invoking trade-restrictive measures in the name of economic security. Petros C. Mavroidis's new book provides insight into current international trade, national security, and environmental challenges facing the world community, of which the World Trade Organization (WTO) is at the epicenter. Even if the WTO overcame its current crisis, its adjudication branch is insufficiently equipped to address the aforementioned challenges and the WTO contract itself is in dire need of updating. Yet, as Mavroidis argues, ensuring the survival of the WTO is crucial for rebuilding the trust of the global trading community. In this direction, Mavroidis offers concrete proposals toward improving the function of the WTO and reigniting global collaboration.

This book explores the independence of international civil servants across various intergovernmental institutions. With rich historical insights and in-depth analysis, Tavadian uncovers the complex evolution of this independence, from its early days to contemporary challenges and practices. Drawing on his vast experience and meticulous research, he critically assesses the essential role of international civil service independence in ensuring effective international cooperation and proposes concrete solutions for strengthening it. An indispensable resource for scholars, policymakers, and legal practitioners, it sheds light on the nuanced dynamics that underpin the operation and integrity of international organizations.

International Counterterrorism Law is the first book to consider national terrorism legislation in every one of the 197 States worldwide. It explains how international counterterrorism law has become a distinct branch of international law, and what the different components are in both peacetime and armed conflict. The relevance and contribution of international humanitarian law, international criminal law, national criminal law, and international human rights law are examined in combination with global sectoral terrorism treaties and regional instruments to provide a thorough yet manageable account of the law's application. Real-life examples are used to inform the material, from Ukraine to Syria, to Iran and the unlawful actions of the Global War on Terror, so that the reader can understand how domestic and international terrorism has historically been treated by prosecutors and the courts.

This book aims to provide readers with an overview of the rules of evidence within the International Criminal Court (ICC) and offers guidance for both prosecution and defense counsel. It emphasizes the pivotal role of defense counsel in shaping case law, particularly concerning the admissibility of documentary and forensic evidence, in a system still evolving. Drawing from academic research and practical experience, the book provides practical inside-information for defense counsel on evidence.

International HIPAA, Privacy and Security Law Considerations addresses the old and new generations of cybersecurity laws, compliance requirements, and threats, which need to be considered in conjunction with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) - a law that celebrated its 25th anniversary in August 2021 and continues to evolve. International cybercriminals have become more brazen, as attacks in 2021 and 2022 were aimed at children's hospitals - Boston's Children's Hospital and SickKids in Toronto, Canada. Actions like those perpetrated on children's hospitals, as well as other infrastructure considerations, such as the Colonial Pipeline prompted Executive Order 14028 - Improving the Nation's Cybersecurity, which called for the public and the private sectors to improve its prevention, detection, and correction of cyber risks and events. Government agencies, including the U.S. Department of Justice acted and implemented cyber-fraud and other cybersecurity enforcement initiatives. Cybersecurity risks continue to escalate. Now more than ever, healthcare industry participants - whether covered entities, business associates, or subcontractors - should utilize resources such as those set forth by the U.S. Department of Health and Human Services (HHS), Health Sector Cybersecurity Coordination (HC3).

The principle of non-intervention is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other PrinciplesÂsolves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systemic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.

This Nutshell provides a basic introduction to international and foreign legal research for the non-specialist. It offers guidance through the unfamiliar pathways of research using international and non-US legal materials and demystifies the world of treaties and international case law. Since it's aimed at the non-specialist, it provides straight-forward background information on the United Nations and the European Union and includes guidance using the documents and legal materials of these institutions. There are extensive links to the rich world of Web resources, but it also describes print research tools that remain important in this field. It also sets out a road map for approaching a research problem involving international, foreign and comparative law. There is information on keeping current on new information and resources as well as tips for how to do handle source collection and cite-checking an international law journal article. Finally, a chapter is dedicated to using technology to support the research process.

Many ask if R2P is legally binding or not. By following the development of R2P from 2000-2022 and governments interactions with it throughout those years internationally, regionally and nationally, a perspective is given regarding its development as a norm within international law. The state practice and opinio juris of countries from different regions, representing varying perspectives, and the application of R2P throughout those years, provide the reader with insights on where R2P stands after more than 20 years of being part of the international fora.

This book is a definitive guide to using Right to Information (RTI) or Freedom of Information (FOI) or Access to Information (ATI) for journalists, journalism students, social activists, researchers and concerned citizens. In the age of fake news, the smart quip on Twitter, the cheap shot, the put-down, the hyperbolic rant that passes for reportage, this book shows how effective use of the RTI can be a bedrock for investigative journalism and for speaking truth to power. The volume: Presents a comprehensive history of transparency laws across the world Includes pioneering stories from the field that map how ideas were conceived, how questions were framed, how RTI applications were filed, how those were followed up, how the information was processed into a news story and what their impact was Shows how to write stories beyond the classical inverted pyramid--who, why, what, where, when and how Lists attempts to make the laws ineffective Written by one of the pioneers in the field, this volume will be an indispensable reading for scholars and researchers in political science, governance, law and legal studies, democracy, public policy, social change and media studies. It will also immensely interest the everyday reader who wants to learn more about RTI and activism.

This innovative book promotes a holistic, pragmatic and proactive approach to just transitions. Arguing that justice is both a goal and condition of transitions it rearticulates environmental and social challenges and rethinks the policies designed to overcome them. Éloi Laurent succinctly explores the concepts, frameworks, policy designs, and emerging institutions of just transitions and maps its progress from philosophical streams, to academic fields, to public policies embedded in institutions. Chapters explore a broad spectrum of transition policies, including those aimed at mitigating environmental inequality caused by air pollution and heatwaves, and proactive social-ecological policies such as fair carbon taxation and just mobility regulations. He discusses key examples from across the globe, spanning from food security in France, to water justice in South Africa, to disaster risk reduction in South Asia. Just Transitions is an essential resource for academics and students specialising in environmental sociology, sociology, social justice, social policy and ecology. Its pairing of theoretical insight and practical examples will also benefit policymakers and stakeholders working in environmental sustainability, climate change and public policy more broadly.

This book argues that the imagination of the worker-citizen, inherent in citizens' constitutional duty to work, is the very foundation of constitutional citizenship and its social justice agenda. The design of social justice in the constitution takes labour as its core ideological and political commitment, seeking to treat workers fairly for their social contribution through work. Employing this constitutional design, this book evaluates the recently repealed labour law against the constitutional metric of social justice. Drawing on the components of social justice, the book evaluates the new labour law in its capacity to promote market-based distribution, respecting basic individual liberties; the complementary redistribution of public goods, upholding the principle of solidarity; and worker participation in decisions about the operation of the market and the state. In offering such evaluation, the book conceives of work in its wider social relationship in contrast to its narrower private exchange rationale.

Anticolonial movements of the twentieth century generated ambitious ideas of freedom. Following decolonization, the challenge was to give an institutional form to those ideas. Through an original account of India's constitution making, Legalizing the Revolution explores the promises, challenges, and contradictions of that task. In contrast to derived templates, Dasgupta theorizes the distinctively postcolonial constitution through an innovative synthesis of the history of decolonization and constitutional theory. The book traces the contentious transition from the tumult of popular anticolonial politics to the ordered calculus of postcolonial governance; and then explains how major institutions - parliament, judiciary, rights, property - were formed by that foundational tension. A major contribution to postcolonial political theory, the book excavates the unrealized futures of decolonization. At the same time, through a critical account of the making of the postcolonial constitutional order, it offers keys to understanding the present crisis of that order, including and especially in India.

M&A disputes, which range from breach of warranty and fraud claims to disagreements over price adjustments, earn-outs, material adverse change clauses and many others - are more common than many participants in M&A transactions may realise. They can take years to resolve and cost many millions of pounds, euros, or dollars. A dispute can adversely affect the post-transaction environment and hence the prospects of a successful acquisition or, at worst, frustrate a deal entirely. It is therefore vital to understand how such disputes happen, how they can be resolved, and how to avoid them, or at least minimise the potential for an M&A dispute. This indispensable practice guide provides not only a comprehensive discussion of the ''mechanics'' of M&A transactions and purchase price adjustments but also a deeply informed analysis of what goes wrong in deals that leads to disputes and how to avoid (or resolve) such eventualities. Originally intended as a second edition of the author''s well-known M&A Disputes and Completion Mechanisms, published in 2018, this is in fact a new book, drawing on a new set of experiences and observations taken from a period where the scope for M&A disputes has intensified. Framed as an in-depth discussion of typical questions that confront those who assess financial and accounting issues in M&A disputes, including the question of damages, the analysis expertly investigates the pitfalls that can arise in such components of the process as the following:         the completion mechanism, including the rationale and basis of measurement of individual purchase price adjustments and the locked box;         the role of accounting information in presenting, or misrepresenting, the underlying economic reality of a business and in informing a valuation;         valuation principles, standards of value, and valuation methods used for M&A disputes;         valuation matters specific to M&A disputes, including the question of value vs. price and the choice of counterfactuals;         material adverse change clauses; and         ''red flags'' for fraud. A concluding chapter distils ''lessons learned'' into a short, practical commentary drawing on the author''s extensive experience of M&A- and related disputes, with recommendations that plot a clear path to avoidance of disputes.  With its sound understanding of the completion mechanism, including an extensive discussion of measurement of individual purchase price adjustments, the locked box, and how to identify fraud, this practical and up-to-date guide, grounded in corporate finance theory, will be a valuable resource to all those who work on M&A transactions, whether as principal, adviser, insurer, funder, independent expert, judge, or arbitrator..    

Since the United Nations finalised its Draft Articles on the Responsibility of States for Internationally Wrongful Acts in 2001, most of the attention has been on the codification history of the topic. Alan Nissel widens the historic lens to include the pre-United Nations origins, offering the first extensive study on the American contribution to the modern law of state responsibility. The book examines the recurring narrative of lawyers using international law to suit the particular needs of their clients in three key contexts: the US turn to international arbitration practice in the New World, the German theorisation of public law in the setting of its national unification, and the multilateral effort to codify international law within world bodies. This expanded historical framework not only traces the pre-institutional origins of the code, but also highlights the duality of State responsibility doctrines and the political environments from which they emerged.

The Covid-19 pandemic, the significant expansion of the Chinese investment abroad, and recent geo-political tensions have all served to strengthen national security considerations in merger control and foreign direct investment (FDI) processes. Against this backdrop, Merger Control, National Security, and Foreign Direct Investment Screening: A Comparative Perspective provides a comprehensive exploration of the intricate interplay between national security, foreign direct investment, and competition policy in an increasingly interconnected global economy. Central to the book's analysis is the exploration of FDI screening mechanisms from a national security perspective as they apply to Merger and Acquisition (MandA) transactions. Spanning a wide array of jurisdictions, industries, and policy contexts, including case studies from major economies such as the European Union, the United Kingdom, the United States, and China, the book examines how lawmakers navigate protecting their strategic sectors while promoting a welcoming environment for investors. It also showcases how competition authorities grapple with incorporating broader societal goals and national security concerns into merger control assessments. Merger Control, National Security, and Foreign Direct Investment Screening scrutinizes the challenges of balancing these objectives while maintaining the integrity of competition law principles and avoiding undue political influence. It offers a thought-provoking and timely guide for policymakers, practitioners, scholars, and stakeholders seeking to navigate the intricacies of global economic interdependence without dismissing national interests.

Multilingual Communications Surveillance In Criminal Lawhighlights the vital yet overlooked roles of Intercept Interpreters and Translators (IITs) in criminal justice operations. Nadja Capus, Cornelia Griebel and Ivana Havelka conduct an interdisciplinary investigation, exploring IITs navigation of complex legal, linguistic and translational challenges. They advocate for improved practices to ensure quality, fairness and integrity in investigations within criminal proceedings when communication is monitored in multiple languages. This book is the result of a collaboration between experts across criminal law, legal interpreting and technology-assisted translation. Through meticulous empirical and theoretical analysis, Capus, Griebel and Havelka examine IITs' indispensable function in evidence gathering and navigating surveillance obstacles. Employing diverse research methods, including reviewing legal documents, analyzing the translations of intercepted communications, conducting observations, surveys, and interviews, the authors thoroughly explore linguistic intricacies in the context of criminal proceedings. Offering insights and practical recommendations to enrich professional practices and understanding, Multilingual Communications Surveillance In Criminal Lawis essential for academics, students and practitioners of law and criminal justice, legal reform, interpreting and translation. Police officers tasked with communication surveillance will benefit from the authors' practical advice and explanations of challenges of interpreting and translating.

This book provides a cross-urban account on murals, street art, and public art in cities around the globe. It reviews the rules, policies, and regulations that frame how murals and street art are managed across a range of cities and contexts. Murals and street art serve as dynamic stages for communities and individuals with multiple and sometimes opposing identities, with the potential to cause disturbance and conflict. The book investigates the challenges they present to cities and city administrations, and the policies and practices that are crafted to address them. The global landscape of today's mural policies is discussed comparatively across a range of cities, and the impact of written rules, unofficial practices, and institutional arrangements on city spaces, walls, and surfaces is examined. An important contribution to this growing field, the book will appeal to students, practitioners, and scholars with an interest in public art, municipal governance, public space management, cultural policy, and urban design.

This book maps out the moral, legal and societal issues brought forth by the use of autonomous systems such as AI and smart robots in outer space. Humanity is on the brink of a new space era in which projects for permanent human colonies on the Moon and space missions with autonomous AI systems will soon become a reality. Principles and provisions of international space law fall increasingly short in tackling this scenario. Experts and institutions have recommended improvements to the legal framework, such as new international agreements, or policies that would not require any amendment to conventional law. Most of the time, such proposals and recommendations overlook the challenges posed by technology and how autonomous and intelligent systems in outer space require moral and legal standards of their own. This book argues that the traditional focus on satellite communications, space-related services, and the appropriability of celestial resources needs to be integrated by new laws of outer space regulating cybersecurity law and environmental law, data governance and consumer protection. The new laws of outer space will increasingly concern the development of new standards for the behaviour and decision-making of AI systems and smart robots, with and without humans aboard deep space missions and in next-generation colonies. What laws shall govern us out there, in a new terra incognita? This is the question that the book sets out to answer.

Why, and to what extent, are states more or less likely to comply with international law? No overarching state compels compliance, and the international institutional context is thin, yet states seem largely to comply. How do we explain this behaviour? Developed through interviews with eighty State Department senior officials from across five recent administrations, Philip Moremen provides a qualitatively and quantitatively rich study of the extent to which and under what conditions the United States and other countries comply with international law. US policymakers consider legal issues, national interest, and other factors together when making decisions-law is not always dispositive. Nevertheless, international law constrains states. In State Department policymaking there is a strong culture of respect for international law, and lawyers play a highly influential role. In this context, the book concludes by investigating the effect of the Trump Administration on the culture and processes of the State Department.

Operating alongside public enforcement, private enforcement deters anticompetitive conduct and compensates the victims of competition law breaches, empowering them to vindicate their rights against companies. Approaches to private competition enforcement differ vastly across jurisdictions, further complicated by a diversity of tort and procedural laws. Given that many anticompetitive practices are transnational in nature, understanding how private competition claims are dealt with in different jurisdictions is essential. Pedro Caro de Sousa's monograph offers the first comprehensive and truly international overview of private competition enforcement. Across two sections, Caro de Sousa breaks down the main constituent elements of private enforcement and compares the ways in which each element is implemented across the main jurisdictions, particularly in the US and the EU. The book's first section supplies a general overview of the topic, including a discussion of the relationship between public and private enforcement. The second section looks in more detail at the key elements of a private enforcement system, such as the judicial mechanisms for obtaining private redress for competition harm; practical solutions for ensuring effective enforcement; and the main economic methods that may be used to calculate damages arising from an infringement of competition law. Providing new insight into a topic of growing importance, Caro de Sousa's book is designed to aid practitioners, policymakers, and researchers in dealing with competition matters.

While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of 'protection' can seem self-evident, as the concept of 'protection' is borrowed language, each body of law will perceive 'protection' through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.

This edition of Public International Law in a Nutshell remains a concise yet accurate summary of the field of public international law, covering its basic structure, sources, actors, and procedures, and key subject matter areas, such as human rights, the law of the sea, international environmental law, use of military force, and U.S. foreign relations law. This edition, which is intended to be helpful for students, scholars, and practitioners alike, is fully updated to include recent treaties, practice, institutions, and International Court of Justice decisions.

Palestinians have used the language of human rights to articulate their struggle against the Israeli occupation and internationalise the injustices they face. Palestinian young people learning about human rights at school experience a dissonance between the aspirational and internationalised framework of those norms and the layers of injustice of their own lived experience. Drawing on research in the occupied West Bank, this book explores the three layers of marginalisation faced by Palestinian young people - the Israeli occupation that denies them their humanity; the Palestinian pseudo-state that denies them a voice; and patriarchal structures that deny them agency - to show how these barriers influence their understanding of, and scepticism towards, human rights. Influenced by decolonial theories, this book illuminates how space needs to be created for the counter-narratives of the oppressed in human rights discourse, which may not align with more conventional representations of human rights. It contends that human rights and, by extension, human rights education in the Palestinian context (and beyond) needs to be critiqued, decolonised and ultimately transformed.

Legal personhood is required for voting, marrying, inheriting, contracting, consenting, and other critical social acts that can be predicates to power and privilege. The Right to Legal Personhood of Marginalised Groups addresses personhood and legal capacity as human rights issues, in particular as they relate to disabled people, migrant groups, indigenous peoples, racial minorities, women, and gender minorities. The concepts of personhood, legal capacity, and agency have conflicting definitions in the literature, and there is a lack of clarity regarding their application. Dr. Anna Arstein-Kerslake brings her expertise as a renowned thinker in the areas of human rights, disability rights, gender justice, and legal personhood to this discussion. She provides clarity on personhood and legal capacity by developing definitions of these concepts based on the articulation of the right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. She then applies these definitions to the situations of various minority groups. The Right to Legal Personhood of Marginalised Groups has the potential to significantly enrich the understanding of how and why marginalised groups are denied equality. It goes beyond the traditional analysis of discrimination and equal protection of the law and explores a new social justice imperative: equal recognition before the law.

This book examines the practice of risk allocation in the offshore energy industry through the public policy lens and offers a novel perspective on the concept of gross negligence in risk allocation. This perspective is founded on the proportionality element of distributive justice in burden distribution. The assessment of how mutual indemnity clauses apply as an absolute shield against liability arising from gross negligence reveals that moral hazard can result from the practice. In the analysis, this book considers the risk allocation practice in PSC and Concession regimes and how parties' liability is determined in drilling contracts. This book considers gross negligence a sui generis risk and provides a definitional pathway for determining when gross negligence occurs and how it should apply to offshore drilling contracts. Thus, it advances an environmental sustainability approach to offshore petroleum drilling operations. This book will be useful to operators and contractors, resource-rich countries, insurance companies, practitioners, scholars, and academics interested in risk allocation in the petroleum industry.

The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity's effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term "illegal secessionist entity," demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.

Seeds of Change: The International Vegan Rights Alliance and the Vegan Rights Revolution emphasizes that the legal protection of vegans is important to the campaign for animal protection. It explains the social, political, and legal context for the practice of veganism. This book documents the history of the campaign for vegan rights, the dedicated work of the International Vegan Rights Alliance, and shows how the idea of rights for vegans generated significant interest around the world resulting in veganism being formally recognized in law. Seeds of Change encourages vegans to defend their right to live with compassion in their daily lives and inspires further vegan rights advocacy as seeds of change that contribute to animal protection.

This book considers the legal history of colonial rule in South Asia from 1757 to the early 20th century. It traces a shift in the conceptualization of sovereignty, land control, and adjudicatory rectification, arguing that under the East India Company the focus was on 'the laws' factoring into the administration of justice more than 'the law' as an infinitely generative norm system. This accompanied a discourse about rendering property 'absolute' defined in terms of a certainty of controlling land's rent-and made administrable mainly as a duty of revenue payment--rather than any right of ostensibly physical dominion. Leaving property external to its ontology of 'the laws,' the Company's regime thus differed significantly from its counterparts in the Anglo-common-law mainstream, where an ostensibly unitary, physical, and disaggregable notion of the property right was becoming a stand in for a notion of legal right in general already by the late 18th century. Only after 1858, under Crown rule, did conditions in the subcontinent ripen for 'the law' to emerge as a purportedly free-standing institutional fact. A key but neglected factor in this transformation was the rise of classical legal thought, which finally enabled property's internalization into 'the law' and underwrote status and contract becoming the other key elements of the Raj's new legal ontology. Formulating a historical ontological approach to jurisprudence, the book deploys a running distinction between the doctrinal discourse of (the) law and ordinary-language discourse about (the) law that carries implications for legal theory well beyond South Asia.Â

Undertaken in Dubai in 2023, the 'First Global Stocktake' under the Paris Agreement called for a tripling of installed global renewable energy capacity. Achieving this goal will require significant financial, technical, and legal effort, and a key task in meeting it will be to 'derisk' global renewable energy projects by making the rules governing these projects more transparent, predictable, and uniform. The Transnational Law of Renewable Energy aids this task by providing a unified and comprehensive analysis of the transnational law that currently governs renewable energy projects, and providing a transnational legal approach.Drawing on regulatory frameworks and practice in public international law, comparative law, and transnational case law, the book establishes the first transnational lex regenerative, or transnational law of renewable energy. The volume covers a range of regulatory topics relating to transnational renewable energy projects, including the regulation of their entry into the market and financial support mechanisms. It also covers commercial topics from construction to joint operation to financing, as well as further addressing the role of renewable energy in advancing global sustainable development.Comprehensive and original, The Transnational Law of Renewable Energy provides key takeaways from its study in callout boxes that clearly summarize the conclusions of each section. It will appeal to practitioners and government officials, as well as students and academics doing research regarding global renewable energy projects.

No lawyer or business operating in North America can escape the significance of the USMCA. This Nutshell introduces students, lawyers, government officials, and businesspersons to the law and economics of North American free trade. It first examines the basic question: Why trade at all? The origins, rules, operation, and impact of the Canada-U.S. FTA (1989) and the NAFTA (1994), USMCA's influential predecessors, follow. Notable trade, intellectual property and foreign investment developments under the 2020 USMCA agreement, and their impacts upon business, are specifically explored. In preparing this Nutshell, we have attempted to address the interests not only of North Americans, but also the many persons and businesses located outside the region who seek to take advantage of the USMCA.

This book explores the best ways for governments to design venture capital investment incentives. Venture capital is a multi-billion-dollar industry and a major driver of innovation and national growth. Investment in startup companies by venture capital funds helps finance new inventions and create wealth, economic growth, and jobs. However, because venture capital investment is highly risky and sensitive to market downturns, many governments around the world use special legal and tax incentives to help encourage this form of investment. Since the introduction of the first venture capital incentive in the USA in 1958, scores of venture capital incentives have come and gone. These incentives have experienced varied success, with some failing entirely. Filling a gap in an important area, this book employs a legal and regulatory approach to examine venture capital policy from a global perspective. It uses an analytical framework to evaluate the design, implementation, and success of incentives, and looks at over 60 examples from 25 countries around the world. The book is aimed at researchers and policy makers in law, finance and economics, as well as practitioners and investors in the venture capital space. The book introduces the legal aspects of venture capital investment and presents a list of leading practice guidelines and recommendations to help policy makers design effective, efficient, and appropriate venture capital incentives.

Military uses in space are rapidly changing and expanding, challenging both states and non-governmental agencies in identifying and applying the governing rules. In the midst of these challenges, states, policymakers, and practitioners must engage with new, real circumstances in space, not merely hypothetical threats or problems. As a contribution to the understudied but crucial field, The Woomera Manual on the International Law of Military Space Activities and Operations is interdisciplinary in nature-- drawing on space law, national security law, technology, international law, and diplomacy. Thus, The Woomera Manual serves as the first comprehensive examination of the field. In it, all three phases of military space interactions are analyzed (during times of peace, tension or crisis, and armed conflict), with relevance to both the public and private space sectors. Utilizing meticulous research and focusing particularly on state practice, it explores the interaction of different legal regimes, including space law, the UN Charter, other treaty-based regimes, as well as international humanitarian law. Through an extensive consultation process with state and NGO representatives from across the globe, The Woomera Manual serves as a practical and reliable resource in the emerging field of space law. This book is a critical resource for any entity navigating the increasingly consequential subject of space operations by providing an outline for more predictable and peaceful cooperation.