Comparative law Books

Book SynopsisIn 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known as the ‘‘FIDIC rainbow, were the Conditions of C- tract for: l Construction, the so-called Red Book, for works designed by the Employer l Plant and Design-Build, the so-called Yellow Book, for works designed by the Contractor l EPC/Turnkey Projects, the so-called Silver Book, for works designed by the Contractor The ?rst is intended for construction works where the Employer is responsible for the design, as for per the previous so-called Red Book 4th Edition (1987), with an important role for the Engineer. The other two conditions of contract are intended for situations when the Contractor is responsible for the design. The Plant and Design-Build Contract has the traditional Engineer while the EPC/Turnkey Contract has a two-party arran- ment, generally with an Employer’s Representative as one of the parties.Trade ReviewFrom the reviews: “Book is written by an engineer and a lawyer. … The Jaeger / Hok work does refer to awards. … provides wide-ranging references not only to decisions of UK courts but also to sources in other jurisdictions. It therefore provides a real service in alerting readers to the need to bear in mind when specialist legal advice may be needed. … useful flow charts to assist the understanding of the operation of the FIDIC forms. … work provides rather more general guidance on legal aspects.” (Humphrey Lloyd, The International Construction Law Review, 2010)Table of ContentsLegal Systems.- Conflict of Laws.- English and International Standard Forms of Contract.- Civil Law Business Terms.- Development Stages.- Understanding FIDIC: A Civil Law Approach.- FIDIC Contract Documents.- Employer’s Duties.- Contractor’s Duties.- Design Responsibility.- Engineer.- Time for Completion.- Variations.- Tests.- Certificates.- Defects Notification Period and (Post Contractual) Defects Liability.- Termination.- Discharge, Frustration and Force Majeure.- Risk, Insurance and Exceptional Risk.- Bonds, Guarantees, Letters of Credit.- Claim Management.- Disputes.- Samples.- Delay Schedule.

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Book SynopsisAll over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.Table of ContentsT. Carney: Guardianship, "Social" Citizenship, & Theorizing Substitute Decisionmaking Law.- N. A. Kohn: A Civil Rights Approach to Elder Law.- C. P. Sabatino, E. Wood: The Conceptualization of Legal Capacity of Older Persons in Western law.- H. Meenan: Age Discrimination and the Future Development of Elder Rights in the European Union: Walking Side by Side or Hand in Hand?.- A. M. Soden: Family Matters - Some Emerging Legal Issues in Intergenerational and Generational Relations.- I. Doron, B. Spanier: International Elder Law - The Future of Elder Law.- A. Evrard, C. Lacour: A European Approach to Developing the Field of Law and Ageing.- J. Herring: Elder Abuse - A Human Rights Agenda for the Future.- A. Murphy: Aid in Dying - United States and Around the World.

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Book SynopsisCorporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe. The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. It also expands the scope of the first edition by a treatment of the German financial sector, global corporate finance and governance, and by including a new chapter on compliance of corporate governance laws, rules and standards in Germany. As far as comparative law is concerned, new developments in the area of corporate governance in the EU, the OECD Principles of Corporate Governance and corporate governance in the US, the UK and Australia are covered.The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.Trade ReviewFrom the reviews of the second edition:“The targeted audience is twofold: firstly, the book targets managers and directors of companies as well as investors who want to comprehend the German model of corporate governance and its institutional setting … . Secondly, the book targets non-German postgraduate students, academic scholars, and others who, for language reasons, cannot read the vast amount of German literature on the topic … . It provides great insight on German business law literature for non-English readers as well as important decisions of German and European courts.” (Axel Haller, The International Journal of Accounting, September, 2013)Table of ContentsAn Overview of German Business or Enterprise Law and the One-Tier and Two-Tier Board Systems Contrasted.- An Overview of the Corporate Governance Debate in Germany.- The General Meeting and the Management Board as Company Organs.- The Supervisory Board as Company Organ.- The German System of Supervisory Codetermination by Employees.- The Impact of European Development on German Codetermination and German Corporate Law.- Accounting as the Documentary Proof of Good Corporate Governance.- Banking on Trust: The German Financial Sector, Global Capital Markets and Corporate Finance and Governance.- Corporate Governance and Corporate Compliance.- Corporate Governance in the EU, the OECD Principles of Corporate Governance and Corporate Governance in Selected Other Jurisdictions.- European and German Provisions in English for Purposes of Chapter 7.

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Book SynopsisThis volume provides the most comprehensive contemporary academic writing on Ukrainian competition and intellectual property law in English. Especially over the last few years, these areas have been in considerable flux, a main driver being the EU–Ukraine Association Agreement. The chapters cover a broad range of different topics and share a forward-looking perspective. They also outline the basic background that is necessary to understand the context of the issue discussed, especially with regards to the legal system of Ukraine. The publication is the result of a two-year project, and it is addressed to a wide range of international scholars, practitioners, and policy makers. It aims to make the state-of-the-art in Ukrainian legal scholarship visible and accessible to the international research community and to stimulate global debates in academia and politics. Therefore, it may be of interest and use to anyone who is interested in competition and intellectual property law, and/or in Ukraine.Trade Review“This impressive volume covers the entire spectrum of competition and IP regulation in Ukraine. … The book is equally accessible to those interested in the transformation of regulatory approaches and approximation of laws and to readers interested in the external dimensions of EU law. I congratulate the editor of the book, Heiko Richter, and all the authors on such a great and timely contribution to competition law and IP scholarship and support for the future of (Ukrainian) science!” (Liliia Oprysk, IIC - International Review of Intellectual Property and Competition Law, Vol. 54 (7), 2023)Table of ContentsCompetition and Intellectual Property Law in Ukraine: Navigating the Landscape.- Part I: Putting the Legal Framework in Perspective.- The EU–Ukraine Association Agreement as a General Framework of Contemporary EU–Ukraine Relations.- Competition and International Trade: Complementing Trade Defense Policy with Effective Competition Policy in Ukraine.- Legal Support of State Economic Policies of Ukraine in the Context of Investment Development and Protection of Competition.- Part II: Competition Law.- The “Europeanization” of Competition Law in Ukraine.- Vertical Agreements in the Competition Law of Ukraine and the EU: A Closer Look at Resale Price Maintenance.- The “New Normal” in Competition – Filling the Gaps of Ukrainian Competition Law in the Digital Economy Age.- Towards a New Digital Competition Policy of Ukraine: The EU Matrix.- The Intersection Between Intellectual Property and Competition Laws in the Pharmaceutical Sector: A Ukrainian Perspective.- Legal Mechanisms of Protection Against Unfair Competition in Ukraine – Prerequisites, Problems and Trends.- Protecting Intellectual Property Rights from Unfair Competition in Ukraine.- Part III: Policies and Law on Intellectual Property.- Association Agreements and Problems Approximating Intellectual Property Legislation of Third Countries with the EU Acquis: The Case of Ukraine.- Strategic Directions of the Intellectual Property Area Development in Ukraine.- The New Intellectual Property Court in Ukraine: Its Creation and Exclusive Jurisdiction.- Legislative Reforms on Patents, Utility Models and Industrial Designs in Ukraine.- Patent Law and Access to Medicines in Ukraine.- The Patentability of Biotechnological Inventions in the EU: The Ukrainian Context.- The Reformed Design Law in Ukraine: What is Right with EU Trade Agreements?.- Why so Few Geographical Indications in Ukraine? Legal, Political and Socio-Economic Perspective.- Copyright and Its Exceptions and Limitations in Ukraine.- Protection of Works Posted on the Internet Under Ukrainian Copyright Law.- Legal Framework for Output Based on Artificial Intelligence: Ukraine’s Place on the Global Search Path.- On the Reforms, Practice and Perspective of the Law on Collecting Societies in Ukraine.

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Book SynopsisOperating alongside public enforcement, private enforcement deters anti-competitive 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 anti-competitive 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 be

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Book SynopsisThe book provides a detailed review of efforts to reform the law on insurance warranties in Australia, New Zealand and the UK, arguing that none of these have been successful. The text proposes a radical new approach to reform of this area of the law, demonstrating through detailed stress testing of these proposals that they would deliver more consistent and equitable outcomes than those achieved to date.Reform of the historically inequitable law of insurance warranties in commercial insurance has been introduced in Australia, New Zealand and, most recently, the UK. This book demonstrates that all these reforms have flaws and that none of them can be relied upon to deliver consistently equitable and predictable outcomes; in particular the UK's, as yet largely untested, Insurance Act 2015 is shown to have serious flaws that have not previously been identified. Building on lessons from these three jurisdictions, the book sets out an alternative approach for dealing with Table of Contents1. Introduction Section One: History, Issues and Challenges 2. The Evolution and History of Insurance Warranties 3. The Law of Insurance Warranties Prior to the Insurance Act 2015 4. Implied Warranties 5. Challenges and Issues: Problems with the Law on Warranties and Potential Solutions for Resolving Them 6. The Law Commission’s Historic Reviews of Insurance Warranties and Proposal for Reform in England and Wales 1957 to 2012 Section Two: Reform Initiatives in Australia, New Zealand and the UK 7. The Law on Insurance Warranties in Australia 8. The Law on Insurance Warranties in New Zealand 9. The 2014 Law Commission Proposals for Reform of the Law of Warranties 10. The Insurance Act 2015: An Effective Reform of the Law on Warranties? 11. Implied Warranties 12. An International Comparative Analysis: Stress-Testing the Existing Law on Insurance Warranties in Australia, New Zealand and the UK Section 3: An Alternate Approach to the Treatment of Insurance Warranties 13. A New Approach 14 Stress-Testing the Alternate Approach 15. Conclusion

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Book SynopsisComparative and succession law in Scotland and South Africa, including a comparison with Dutch law.Table of ContentsPreface; List of Contributors; Table of Statutes; Table of Cases; A Comparative Overview; Marius J de Waal; Compulsory Heirship in Roman Law; Reinhard Zimmermann; Succession Law in Scotland: a Historical Perspective; W David H Sellar; Succession Law in South Africa: a Historical Perspective; Francois du Toit; Freedom of Testation and the Ageing Testator; J C Sonnekus; Testamentary Conditions and Public Policy; James Chalmers; Forfeiture Clauses and Events in Scots Law; Roderick R M Paisley; Revocation of Wills by Changed Circumstances; M C Schoeman-Malan; Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective; George Gretton; The Conditio si institutus sine liberis decesserit in Scots and South African Law; Alan R Barr; The New Dutch Law of Succession; Sjef van Erp; Revocability of Mutual Wills; Alexandra Braun; Succession Agreements in South African and Scots Law; Dale Hutchison.

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Book SynopsisA comparative study of the 'mixed jurisdictions' of Scotland and Louisiana.Trade ReviewThis is an impressive and extremely valuable contribution not only to the study of the law of mixed jurisdictions, but also of comparative law in general. Mixed jurisdictions are veritable comparative-law laboratories in continuous operation. A comparison of two such laboratories, when done with the insight, depth and sophistication that characterize this book, is a marvelous gift to comparatists and legal historians around the world. -- Symeon C. Symeonides, Dean and Alex L. Parks Distinguished Professor of Law, President, American Society of Comparative Law Fifty years ago, mixed legal systems would reach out to one another feeling embattled and lonely, as if banding together would stave off their otherwise inevitable juridical demise. Today, legal sources are increasingly recognized as mixed in nearly all jurisdictions and, as a result, places like Louisiana and Scotland are no longer seen as isolated or exotic. This book is thus doubly important: first, as comparative study of private law in Louisiana and Scotland and, second, as a work that helps explain the reconfiguration - real or imagined - of legal traditions elsewhere in this age of globalization. -- Nicholas Kasirer, McGill University This is an impressive and extremely valuable contribution not only to the study of the law of mixed jurisdictions, but also of comparative law in general. Mixed jurisdictions are veritable comparative-law laboratories in continuous operation. A comparison of two such laboratories, when done with the insight, depth and sophistication that characterize this book, is a marvelous gift to comparatists and legal historians around the world. Fifty years ago, mixed legal systems would reach out to one another feeling embattled and lonely, as if banding together would stave off their otherwise inevitable juridical demise. Today, legal sources are increasingly recognized as mixed in nearly all jurisdictions and, as a result, places like Louisiana and Scotland are no longer seen as isolated or exotic. This book is thus doubly important: first, as comparative study of private law in Louisiana and Scotland and, second, as a work that helps explain the reconfiguration - real or imagined - of legal traditions elsewhere in this age of globalization.Table of ContentsPreface; List of Contributors; List of Abbreviations; Table of Cases; 1. Praedial Servitudes, Kenneth G C Reid; 2. Title Conditions in Restraint of Trade, John A Lovett; 3. Servitudes: Extinction by Non-Use, Roderick R M Paisley; 4. Inheritance and the Surviving Spouse, Ronald J Scalise Jr; 5. Ownership of Trust Property in Scotland and Louisiana, James Chalmers; 6. The Legal Regulation of Adult Domestic Relationships, Kenneth McK Norrie; 7. Impediments to Marriage in Scotland and Louisiana: An Historical - Comparative Investigation, J-R Trahan; 8. Contracts of Intellectual Gratification - A Louisiana-Scotland Creation, Vernon Valentine Palmer; 9. The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law, Laura Macgregor; 10. Hunting Promissory Estoppel, David V Snyder; 11. Unjustified Enrichment, Subsidiarity and Contract, Hector L MacQueen; 12. Causation as an Element of Delict/Tort in Scots and Louisiana Law, Martin A Hogg; 13. Personality Rights: A Study in Difference, Elspeth Christie Reid.

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Book SynopsisPoliticians and the press exploit the rhetorical strength of the word 'evil' in phrases such as 'evil regimes' or 'Axis of Evil'. But does it have any role in political theory? This title explores the actual and possible roles of evil in current-day international politics.

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Book SynopsisWhat are the component parts of successful energy law and policy for nuclear energy in the 21st century? Drawing on over 90 interviews completed across Belgium (Brussels), Romania, the United States, and the United Kingdom, this book focuses on the development and formulation of energy law and policy in civil nuclear energy in the EU, and the US.Table of Contents1. Introduction; 2. The Different Dimensions of Nuclear Energy Policy; 3. An Overview of EU and US Energy Legislation; 4. The Development of Romanian Nuclear Energy Law 1990 2010; 5. Energy Law and Policy Development in the US Nuclear Energy Industry: A Three State Analysis; 6. Exploring Energy Policy Inaction and Contradiction: The Case of Nuclear Energy in the US 1990 2010; 7. Revising Energy Law and Policy in the UK: Reigniting the Nuclear Energy Sector; 8. Conclusion: A Review of the Dynamics of the Nuclear Energy Industry:; Strategy Development for the Nuclear Energy Sector; Appendix; References; Bibliography.

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Book SynopsisThirty-eight papers written over fifty years show that anyone who wants to understand law can benefit from the insights of linguistics, history and anthropology. Equally important are the techniques of other disciplines, particularly the comparative method. In Part 1 the emphases are on law reform, human rights and peace, protection of the environment, and the relations between customary law and introduced state law. Part 2 illustrates a conviction that the study of language can illuminate legal problems. It combines historical researches, intended to explode the dangerous myth that the English common law can be transacted only in the English language, with justifications of, reports on and analyses of the creation of a Chinese Digest of the common law in Hong Kong. Part 3 tries to discover, describe and understand the historical development of methods of managing disputes. Part 4 makes suggestions about the relation of theory to practice.

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Book SynopsisThe essays selected for this volume provide a comprehensive overview of the philosophical, ethical, historical, legal and practical issues in the diverse field of emergency law. The essays focus on terrorist attacks and natural disasters and highlight the roles of a vast variety of actors, such as the military, fire services, health services, police, volunteers and many more. The volume reveals legislative trends in emergency law by combining different national, international and comparative legal perspectives on a number of different types of emergency situations. In addition, essays taken from a practitioner perspective provide insight into civilian and military emergency management on the ground and the frequently reoccurring legal challenges. By comparing different national approaches to emergency law and emergency management, this collection of essays goes beyond the narrow view of one political system and draws instructive conclusions relating to the similarities and differeTable of ContentsContents: Introduction; Part I The Evolution of Emergency Law: Schmitt v Dicey: are states of emergency outside the legal order?, David Dyzenhaus; One law for war and peace? Judicial review and emergency powers between the norm and the exception, Ian Zuckerman; The law of the exception: a typology of emergency powers, John Ferejohn and Pasquale Pasquino. Part II Emergency Law and the Interaction with Military Law: Defending Korematsu?: reflections on civil liberties in wartime, Mark Tushnet; North American emergencies: the use of emergency powers in Canada and the United States, Kim Lane Scheppele; While the government fiddled around, the Big Easy drowned: how the Posse Comitatus Act became the government's alibi for the Hurricane Katrina disaster, Candidus Dougherty; The military call-out legislation, Michael Head. Part III Emergency Law and Disaster Response: Mother Nature versus human nature: public compliance with evacuation and quarantine, Mary-Elise Manuell and Jeffrey Cukor; Collaboration and leadership for effective emergency management, William L. Waugh Jr and Gregory Streib; The federal response to Hurricane Katrina: a case for repeal of the Posse Comitatus Act or a case for learning the law?, Joshua M. Samek. Part IV Emergency Powers and the 'War on Terror': Emergency powers and the rule of law after 9/11, William E. Scheuermann; The emergency constitution, Bruce Ackerman; Constitutional norms in a state of permanent emergency, Sanford Levinson; Balancing security and liberty: critical perspectives on terrorism law reform, Simon Bronitt; German perspectives on the right to life and human dignity in 'the war on terror', Saskia Hufnagel. Part V All Risk Emergency Regulation or Case Specific Regulation: Governance of the critical national infrastructure, Clive Walker; September 11: consequences for Canada, Kent Roach; Extract fromTerrorism: supply and demand, Philip Bobbitt; Conclusion; Name index.

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Book SynopsisBringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

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Book SynopsisAre the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.

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Book SynopsisAre the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.

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Book SynopsisFocusing deliberately on the impact of law courts on substantive law and not on its systematisation by learned jurists this book studies similarities and differences in the development of the law across different jurisdictions.

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Book SynopsisFocusing deliberately on the impact of law courts on substantive law and not on its systematisation by learned jurists this book studies similarities and differences in the development of the law across different jurisdictions.Trade Review"The volume shows clearly the importance for the legal historians of Early Modern Europe of understanding the role of superior courts in the development of law in the various jurisdictions but also suggests there is still much more work to be done." -Paul Brand

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Book SynopsisThis volume provides ready access to a wide-ranging selection of materials on those areas of private law in which a foreign element may arise. It includes UK and Scottish statutes and statutory instruments, EU materials and International Conventions.

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Book SynopsisThis book aims to fill a gap in the process of confrontation between the disciplines, case laws and literature of the central EU member states. In particular it aims to address the difficulty of finding sources for scholars and professionals explaining the rules and guidelines of corporate law in the different European states. The main features of the discipline of Corporate Law in Germany, England, France, Italy, Spain, Poland, Romania and the Netherlands are illustrated. The objective of the work is not only to describe the main features of the discipline, but especially to highlight the most important critical profiles, and particularly those under the scrutiny of the case law and most studied (as problematic) by the doctrine.Table of ContentsPart 1 France Chapter 1. Introduction Chapter 2. Stock corporations: foundation and financing Chapter 3. Stock corporations: corporate governance Chapter 4. Stock corporations: internal and external controls Chapter 5. Limited liability companies: foundation and financing Chapter 6. Limited liability companies: corporate governance and controls Chapter 7. Groups of companies Chapter 8. Extraordinary corporate transactions. Liquidation and winding up Part 2 Germany Chapter 1. Introduction Chapter 2. Stock corporation: foundation and financing Chapter 3. Stock corporations: corporate governance Chapter 4. Stock corporations: internal and external controls Chapter 5. Limited liability companies: foundation and financing Chapter 6. Limited liability companies: corporate governance and controls Chapter 7. Groups of companies Chapter 8. Extraordinary corporate transactions. Liquidation and winding up Part 3 Italy Chapter 1. Introduction Chapter 2. Stock corporation: foundation and financing Chapter 3. Stock corporations: corporate governance Chapter 4. Stock corporations: internal and external controls Chapter 5. Limited liability companies: foundation and financing Chapter 6. Limited liability companies: corporate governance and controls Chapter 7. Groups of companies Chapter 8. Extraordinary corporate transactions. Liquidation and winding up Part 4 Poland Chapter 1. Introduction Chapter 2. Stock corporation: foundation and financing Chapter 3. Stock corporations: corporate governance Chapter 4. Stock corporations: internal and external controls Chapter 5. Limited liability companies: foundation and financing Chapter 6. Limited liability companies: corporate governance and controls Chapter 7. Groups of companies Chapter 8. Extraordinary corporate transactions. Liquidation and winding up Part 5 Romania Chapter 1. Introduction Chapter 2. Stock corporation: foundation and financing Chapter 3. Stock corporations: corporate governance Chapter 4. Stock corporations: internal and external controls Chapter 5. Limited liability companies: foundation and financing Chapter 6. Limited liability companies: corporate governance and controls Chapter 7. Groups of companies Chapter 8. Extraordinary corporate transactions. Liquidation and winding up Part 6 Spain Chapter 1. Introduction Chapter 2. Stock corporations: foundation and financing Chapter 3. Stock corporations: corporate governance Chapter 4. Stock corporations: internal and external controls Chapter 5. Limited liability companies: foundation and financing Chapter 6. Limited liability companies: corporate governance and controls Chapter 7. Groups of companies Chapter 8. Extraordinary corporate transactions. Liquidation and winding up Part 7 The Netherlands Chapter 1. Introduction Chapter 2. Stock corporation: foundation and financing Chapter 3. Stock corporations: corporate governance Chapter 4. Stock corporations: internal and external controls Chapter 5. Limited liability companies: foundation and financing Chapter 6. Limited liability companies: corporate governance and controls Chapter 7. Groups of companies Chapter 8. Extraordinary corporate transactions. Liquidation and winding up Part 8 United Kingdom Chapter 1. Introduction Chapter 2. Foundation and financing Chapter 3. Stock corporations: corporate governance and external and internal controls Chapter 4. Limited liability companies: foundation and financing Chapter 5. Limited liability companies: corporate governance and controls Chapter 6. Groups of companies Chapter 7. Extraordinary corporate transactions. Liquidation and winding up

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Book SynopsisThis book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.Table of Contents1. Introduction 2. Theoretical Perspectives 3. The Tort–Crime Interface 4. Policy and Discretion 5. The Connection Tests 6. Overview of the Coherence Rationale 7. Statutory Purpose 8. No Loss or Damage: Sanction-shifting and Related Claims 9. No Loss or Damage: Illegal Profits and Earnings 10. A Relational Explanation: Joint Illegal Enterprise Cases 11. Conclusion

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Book SynopsisThis is the first textbook to provide a clear understanding of law’s role in promoting the global growth of renewable energy production and consumption. The book introduces readers to the main legal frameworks shaping the rise of renewables at international, regional and national levels, including those which set targets for reducing greenhouse gas emissions and increasing renewable energy consumption. Clear explanations of challenges commonly confronting renewable developments and the legal responses to them aid readers’ understanding whatever their background. The author, a leading researcher in energy and environmental law, has drawn on 10 years’ experience of developing and teaching research-led courses on renewable energy law to produce an authoritative but accessible work. Readers will come away with a better understanding of how international law on climate change and sustainable development affects renewable energy, the roles of renewable energy targets and subsidies, the laws on integrating renewables into electricity networks, the legal response to public opposition to renewable energy development, the law surrounding offshore renewables, and issues raised by the decarbonisation of road transport.Trade ReviewClear, thematic coverage of the subject matter, well presented and nicely integrating the various legal regimes and instruments involved. -- Angus Johnston * University of Oxford *Extends beyond national law and regulation to international and also explains the nuts-and-bolts of renewable energy. -- Peter Cameron * University of Dundee *Table of Contents1. Renewable Energy Law: An Introduction 2. International Climate Change Law and Renewable Energy 3. Sustainable Development and Renewable Energy 4. Enabling Renewable Energy Growth: The Role of Targets 5. Securing Investment in Renewable Energy: The Role of Subsidies 6. Transmitting Electricity 7. Planning, Licensing, and Public Opposition 8. Offshore Renewables 9. Decarbonising Road Transport

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Book SynopsisThe first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia. The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government. The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and the limits which apply to it. While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government.Table of ContentsPart I Executive Power in Australia 1. Introduction 2. The Executive Power of the Commonwealth Part II The Scope of the Nationhood Power 3. The Development of the Nationhood Power in the Australian Case Law 4. The Nationhood Power and the Use of the Armed Forces During Emergencies 5. The Nationhood Power and Border Protection Part III Limitations on the Nationhood Power 6. Federalism as a Limit on the Nationhood Power 7. Conclusion Bibliography Index

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Book SynopsisConstitutionalism is in crisis. And the crisis unfolds not only on a national or a regional level. It is a global phenomenon: Democracy is no longer on the rise, the Rule of Law appears weakened, political cohesion seems to erode. Human Rights Protection finds itself questioned, International Criminal Law struggles for broad recognition, international trade may have lost some of its appeal. Institutional actors find their authority questioned, established political parties are threatened by ever-changing popular movements. But where to does the charted road lead? How will the “Crisis of Constitutionalism” unfold in the years to come? Nobody knows, of course. But at the same time: Nobody is too keen to make an educated guess either. This volume remedies that. By giving nine eminent scholars in law and political science the opportunity to make their predictions, where the constitutionalist project will stand ten years from now, it creates a forum of deliberation that will not only aim at anticipating the developments in question but at the same time shape academic discourse on constitutionalism alongside it.Table of ContentsIntroduction: Constitutionalism 2030: A Prediction Christopher Bezemek (University of Graz, Austria) PART ONE ASPECTS 1. Democracy in 2030 Matthias Klatt (University of Graz, Austria) 2. The Rule of Law in 2030 Yaniv Roznai (Radzyner School of Law, Interdisciplinary Center (IDC) Herzliya, Israel) 3. Federalism in 2030 Bilyana Petkova (University of Graz, Austria) PART TWO AREAS 4. International Human Rights in 2030 Andreas T Müller (University of Innsbruck, Austria) 5. International Criminal Law in 2030 Stefanie Bock (University of Marburg, Germany) 6. Global Trade in 2030 Antonios Kouroutakis (University of Madrid, Spain) PART THREE ACTORS 7. Institutions in 2030 Stefanie Egidy (Max Planck Institute for Research of Collective Goods, Germany) 8. Political Parties in 2030 Paulina Starski (University of Freiburg, Germany) 9. Popular Movements in 2030 Tomas Dumbrovsky (Charles University, Czech Republic; Doha Institute for Graduate Studies, Qatar)

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Book SynopsisOmbudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.Table of Contents1. The Evolution and Future of the Ombuds Matthew Groves (Deakin University, Australia) and Anita Stuhmcke (University of Technology Sydney, Australia) PART 1 THE PLACE OF THE OMBUDSMAN IN MODERN GOVERNANCE 2. Maladministration: The Particular Jurisdiction of the Ombudsman Greg Weeks (Australian National University, Australia) 3. The Enforceability of Ombudsman Remedies and Competition with Judicial Review Stephen Thomson (City University of Hong Kong) 4. Understanding the Response from Health Organisations to Health Ombudsman Investigations – A New Conceptual Model Gavin McBurnie (Queen Margaret University, UK) 5. The Role of Ombuds Institutes in Providing Equal Access to Justice for All Maaike de Langen (New York University, Center on International Cooperation) PART 2 THE CHALLENGE OF MODERN GOVERNANCE TO OMBUDSMEN 6. Bringing the Ombudsman Role and Powers into the Twenty-first Century Chris Wheeler (University of Technology Sydney, Australia) 7. Ombuds and Tribunals in a Digital Era: Framing a Digital Legal Consciousness Naomi Creutzfeldt (University of Westminster, UK) 8. Complaint Handling Effectiveness: What Can We Learn from Industry-Based Ombudsmen Schemes? John McMillan (Australian National University, Australia) 9. Decentred Regulation of the Ombudsman Sector: UK Style Richard Kirkham (University of Sheffield, UK) 10 Reform of a National Ombudsman Scheme – A Journey Rob Behrens (Parliamentary and Health Services Ombudsman, UK) 11. Ombudsman and Counter-Democracy: Gas Quakes in the Netherlands and the Democratic Role of the National Ombudsman Marc Hertogh (University of Groningen, the Netherlands) 12. Towards Therapeutic Complains Resolution Jane Williams (Queen Margaret University, UK), Chris Gill (University of Glasgow, UK) and Carolyn Hirst (Hirstworks, UK) 13 High Official at Street Level: A Multi-method Study on the Consultation Days of the Austrian Ombudspersons Julia Dahlvik (University of Applied Sciences FH Campus Wien, Austria), Axel Pohn-Weidinger (University of Göttingen, Germany) and Martina Kollegger, University of Vienna, Austria 14. Reimagining the Classical Ombud: Disability Rights, Democracy and Demosprudence Justice Nick O'Brien (Mental Health Review Tribunal, UK) 15. A Guardian Illuminated: The Role of New Zealand’s Parliamentary Ombudsman in the Health and Disability System Ron Paterson (University of Auckland, New Zealand) 16. Ombuds Institutions: Non-judicial Mechanisms for the Protection and Promotion of the Rights of Older Persons Linda Reif (University of Alberta, Canada)

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Book SynopsisThis is the second in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in Asian jurisdictions.Volume 2 looks at constitutional amendments and offers answers to questions about the formal rules for amending the constitution such as:- Who initiates an amendment proposal?- How is the amendment proposal adopted?- How are the amendments codified?and the neo-institutional questions regarding amendment practices such as:- Why is the constitution amended? - Who engages in the amendment process?- How does the amendment affect the political system and the society?Volume 2 covers 17 Asian jurisdictions including: Bangladesh, Cambodia, mainland China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.

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Book SynopsisNgoc Son Bui is Associate Professor of Asian Law at the Faculty of Law, University of Oxford, UK.Mara Malagodi is Assistant Professor at the Faculty of Law and Christopher Roberts is Assistant Professor and Deputy Director of the LLB Programme, both at the Chinese University of Hong Kong.

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Book SynopsisThis book engages in a theological critique of the legal frameworks and theoretical approaches of Australia, the US and England to create a peaceful coexistence of difference which supports both religious freedom and equality. It develops a new framework for reconciling religious freedom and discrimination in Western liberal democracies and presents a unique approach to practically supporting both religious freedom and equality as fundamentally important objectives which promote more compassionate and cohesive communities. The book applies the idea of peaceful coexistence of difference by assuming the dignity and goodwill of different people and perspectives, and proceeds upon shared virtues such as love which are affirmed by all.Table of ContentsPART I RELIGIOUS FREEDOM VERSUS ANTI-DISCRIMINATION? Introduction I. The Purpose of this Book: Reconciling Freedom and Discrimination II. Religious Freedom and Equality: A Tense Relationship III. Shortcomings in the Literature IV. Peaceful Coexistence, Shared Premises and Political Virtues V. Models of the Religion-State Relationship VI. Structure of the Book PART II LEGAL FRAMEWORKS 1. Australia I. Introduction II. The Australian Constitution III. Commonwealth Legislation IV. Summary: The Legal Infrastructure for the Autonomy of Religious Communities in Australia V. Evaluation of the Law: Peaceful Coexistence and the Theological Virtues VI. Conclusion: The Autonomy of Religious Communities in Australian Law 2. United States I. Introduction II. The First Amendment of the US Constitution III. Federal Legislation IV. Summary: The Legal Infrastructure for the Autonomy of Religious Communities in the US V. Evaluation of the Law: Peaceful Coexistence and the Theological Virtues VI. Conclusion: The Autonomy of Religious Communities in US Law 3. England I. Introduction II. European Convention of Human Rights III. UK Legislation IV. Summary: The Legal Infrastructure for the Autonomy of Religious Communities in England V. Evaluation of the Law: Peaceful Coexistence and the Theological Virtues VI. Conclusion: The Autonomy of Religious Communities in English Law PART III THEORETICAL FRAMEWORKS 4. Australia: Pragmatic Pluralism or Mild Establishment? I. Introduction II. Australia as Pragmatically Pluralist III. Evaluation of Australia’s Pragmatic Pluralism IV. Proposing an Alternative: Mild Establishment? V. Implications for Australia’s Legal Framework VI. Conclusion 5. United States: Secularism or Pluralism? I. Introduction II. United States as Secular Separationist III. Evaluation of Secular Separationism in the US IV. Proposing an Alternative: Pluralism V. Implications for the United States Legal Framework VI. Conclusion 6. England: Substantive Establishment? I. Introduction II. Elements of English Establishment III. Nature of English Establishment: Substantive (Theological) or Formal (Secular)? IV. Peaceful Coexistence and an Evaluation of English Establishment V. Implications for the English Legal Framework VI. Conclusion PART IV A PRINCIPLED FRAMEWORK 7. Reconciling Religious Freedom and Equality in a Principled Framework I. Introduction II. Reconciling Religious Freedom and Equality III. Recommendations

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Book SynopsisThis book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court’s final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.Trade ReviewMeticulously researched, well presented, and thoroughly referenced, this book represents a major contribution to insolvency scholarship. It will also be valuable to those with a more general interest in corporate restructuring laws as well as insolvency laws in Asia. The methodology will be of interest to comparative law scholars in Asia, the UK, and the US, not only to those with an interest in insolvency law. The book is an extremely valuable addition to the Hart Series on Contemporary Studies in Corporate Law. -- Jingchen Zhao, Nottingham Trent University * International Insolvency Review *This book plugs a significant gap in the literature concerning restructuring and insolvency law and policy in Asia and will be a valuable resource for academics, practitioners, and those who engage in policy formulation and law reform. -- Andrew Godwin, University of Melbourne * The Chinese Journal of Comparative Law *In this excellent new book Professor Wan critically analyses the development of corporate restructuring law in four Asian jurisdictions: Hong Kong, Singapore, Mainland China, and India. Her controlling argument is that all of these jurisdictions have borrowed ideas from corporate restructuring law in the US and the UK, but that the organisational and institutional environment is very different in each of them so that adaptations are necessary for the legal transplants to flourish in their new soil. The book makes a highly significant contribution to the literature ... What emerges is a fascinating, readable, rigorous, and highly compelling piece of research. * Sarah Paterson, Professor of Law, London School of Economics and Political Science, UK *Professor Wan’s new book provides a fascinating deep dive into the insolvency regimes of China, Hong Kong, India, and Singapore. Professor Wan traces the evolution of each regime and highlights the influence that American and English systems had on that evolution. In doing so, she develops a new framework for measuring the success of restructuring laws and persuasively challenges the idea that American and English principles of restructuring can simply be transplanted to any jurisdiction regardless of local institutions and laws. This book is a must read for anyone interested in the law of corporate restructuring or comparative law more generally. * Anthony J Casey, Donald M Ephraim Professor of Law and Economics, University of Chicago, USA *In this masterful monograph, Professor Wai Yee Wan combines economic analysis with detailed institutional knowledge to assess the application of American- and British-style business reorganization law to the economies and legal environments of Mainland China, Hong Kong, India, and Singapore. Her book is rich in comparative information on these four Asian legal regimes, and she offers insightful conclusions and persuasive recommendations. Of particular importance is her original analysis of the challenges of the employment of an Anglo-American reorganization model in jurisdictions whose businesses are, as contrasted with those in the US and UK, characterized by concentrated share holdings. * Richard Squire, Professor of Law & Alpin J Cameron Chair in Law, Fordham Law School, USA *This book presents a theoretically rich and intellectually stimulating account of corporate restructuring in Hong Kong, Singapore, India and Mainland China. The corporate insolvency regimes of these jurisdictions have all been influenced to differing degrees by Anglo-American models. Wan interrogates the appropriateness of this in the very different economic and social context of business practice in these four Asian economies. Through careful examination of relevant law and the use of empirical data, she identifies a number of key differences that pull towards the need for these jurisdictions to consider their own policy imperatives and possible reforms. * Sally Wheeler OBE, Robert Garran Professor of Law, Australian National University, Australia *Table of Contents1. Introduction and Theoretical Framework 1.1. Overview 1.2. Restructuring Models in Anglo-America and Asia 1.3. Understanding the Interaction between Corporate Governance and Restructuring Law 1.4. Building an Analytical Framework 1.5. Methodology 1.6. Organisation of the Book 2. Development of Corporate Restructuring Law in Four Asian Jurisdictions 2.1. Introduction 2.2. Emerging Jurisdictions 2.3. Advanced Jurisdictions 2.4. Conclusion 3. The Agency Costs of Manager–Creditor and Shareholder–Creditor Relationships in Restructuring 3.1. Introduction 3.2. Institutional and Organisational Background 3.4. Addressing Information Asymmetry and Hold-Out Problems in Asian Restructurings 3.5. Enhancing the Restructuring Regime: Lessons and Implications 3.6. Conclusion 4. The Agency and Coordination Costs of Creditor–Creditor Relationships in Restructuring 4.1. Introduction 4.2. Institutional and Organisational Background 4.3. Strategies to Deal with Agency and Coordination Costs of Creditor–Creditor Conflicts in Anglo-American Restructurings 4.4. The Features of Asian Restructurings 4.5. Enhancing the Restructuring Regime in Asia: Lessons and Implications 4.6. Conclusion 5. Managing Non-Performing Loans and their Impact on Agency and Coordination Costs in Two Emerging Jurisdictions 5.1. Introduction 5.2. Institutional and Organisational Background in the International Context for Resolving NPLs 5.3. Institutional Background to NPLs in India and Mainland China 5.4. AMCs and Variations to Agency and Coordination Costs in Restructuring 5.5. Developing Active Distressed Loan Markets in India and Mainland China 5.6. Conclusion, Lessons and Implications for Managing NPLs 5.7. Postscript 6. Insolvency Practitioners as Gatekeeper Intermediaries 6.1. Introduction 6.2. Role of Insolvency Practitioners: A Comparative Perspective 6.3. The Governance of Intermediaries: Accountability, Conflicts of Interest and Effectiveness 6.4. Lessons, Implications and Options for Reform in Asian Jurisdictions 6.5. Conclusion 7. Role of the Courts in Court-Supervised Restructurings 7.1. Introduction 7.2. Legislative Framework and Judicial Discretion in the US and the UK: Strengths and Limitations 7.3. Legislative Framework and Judicial Discretion in Asia 7.4. Lessons and Implications 7.5. The Experience of Mainland China 7.6. Conclusion 8. Relationship between Restructuring Law, Enforcing Contracts and Directors’ Duties 8.1. Introduction 8.2. Impact of Enforcing Creditor Rights on Restructuring Law 8.3. Analysis 8.4. Directors’ Duties and Incentives to Invoke or Use Restructuring Law 8.5. Conclusion 9. Restructuring Law, Implications for Reform and Conclusion 9.1. Introduction 9.2. Seven Propositions in this Book 9.3. Future Prospects for Reform in the Asian Jurisdictions 9.4. Conclusion

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Book SynopsisThe French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.Table of Contents1. Introduction Jean-Sebastien Borghetti and Simon Whittaker PART I ‘CIVIL LIABILITY’, CONTRACTUAL AND EXTRA-CONTRACTUAL 2. A Common Framework for Civil Liability? Simon Whittaker 3. The Relationship between Contractual and Extra-Contractual Liability as between Parties to a Contract Yves-Marie Laithier 4. Liability of Contracting Parties Towards Third Parties Philippe Stoff el-Munck PART II ‘FAULT’ 5. The Definition of Civil Fault Marie Dugue 6. Crime, Breach of Legislative Duties and Fault Matthew Dyson PART III LIABILITY WITHOUT FAULT 7. The Role of Liability without Fault Jonas Knetsch 8. Fait d’autrui in Comparative Perspective Birke Hacker PART IV ‘HARM’ 9. Loss and its Compensation in the Proposed New French Regime of Extra-contractual Liability Dorota Leczykiewicz 10. The Concepts of ‘Harm’ in the French and Italian Laws of Civil Liability Pietro Sirena 11. Nuisance and Coming to the Nuisance: The Porous Boundary between Torts and Servitudes in England and France Ciara Kennefick PART V CAUSATION 12. Liability for Alternative Causation and for the Loss of a Chance Nuno Manuel Pinto Oliveira 13. ‘Solidary’ Liability and the Channelling of Liability Carlos Gomez Liguerre PART VI DEFENCES 14. Defences to Tortious and Contractual Liability in French Law Sandy Steel 15. Contracts Concerning Civil Liability Zoe Jacquemin PART VII LIABILITY BEYOND DAMAGES 16. Comparative Reflections on Punishment in Tort Law Marco Cappelletti 17. Unjustified Enrichment and Civil Liability Melodie Combot 18. Injunctions Requiring the Cessation of Unlawful Action Paula Giliker PART VIII BROAD THEMES 19. The Projet de Réforme du Code Civil Belge and the Reform of the French Civil Code: A Comparison of Selected Topics Bernard Dubuisson 20. The Reform of Delict in the Civil Code and Liability in Administrative Law John Bell 21. The Importance of Terminology in the Law of Civil Liability Olivier Deshayes 22. Principles of Liability or a Law of Torts? Jean-Sebastien Borghetti and Simon Whittaker

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Book SynopsisThis book explains how the People of Puerto Rico managed to adopt a constitution whose content and process were both original and colonialist, participatory and undemocratic, as well as progressive and anticlimactic. It looks in detail at the rich contradictions of the Puerto Rican constitutional experience, focusing on the history and content of the 1952 Constitution. This constitution is the only constitutional document written by the Puerto Rican People themselves after more than 500 years of Spanish and US colonialism.By exploring Puerto Rico's unique history and constitutional experience the book shines a spotlight on key emerging themes of comparative constitutional studies in this area: state constitutionalism, the persistence of colonial relationships in the Caribbean, and the continued development of constitutionalism in Latin America.The book delves deep into the particular experience of Puerto Rican constitutionalism which combines elements of colonialism, democratic tensions, and progressive policies. It explains how these features converge in a constitutional project that has endured for 70 years and continues its contradictory development. It considers issues such as the island's colonial history, including its conflicting relationship with democratic values and the constant presence of social movements and their struggles. It also explores the content of the 1952 Constitution, focusing on its progressive substantive policy, particularly its rights provisions, its amendment procedures, and the governmental structure it set up.

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Book SynopsisThis open access book presents the first comparative study on the legal sources of administrative law. Every modern legal order needs a set of general rules to apply and enforce administrative law; the rules impose principles of action, of procedure, and of organisation of the authorities. The legal basis of these rules may be quite diverse. Some countries have tried to codify administrative law, whilst others work with few rules or unwritten rules. The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including: Does codification increase predictability and legal certainty? Does codification lead to a ‘petrification’ of administrative law? To what degree does the constitution shape administrative law? Which areas of administrative law are suitable for codification, which are not, and why not? The book answers these questions by presenting 13 country reports, covering both civil and common law traditions, a chapter on the EU, and a comparative analysis. This ebook is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com.Table of ContentsIntroduction 1. The ‘Codification’ of Administrative Law in Australia, Janina Boughey (University of New South Wales, Australia) 2. Codification of Administrative Law in Austria, Konrad Lachmayer (Sigmund Freud University, Austria) 3. Codification of Belgian Administrative Law ‘Nothing is Written, Stéphanie De Somer (University of Antwerp, Belgium) and Ingrid Opdebeek (University of Antwerp, Belgium) 4. A Persistent Taste for Diversity: Codification of Administrative Law in Canada, Pierre Issalys (Laval University, Canada) 5. Codification of Administrative Law: A French Oxymoron, Delphine Costa (Aix Marseille University, France) 6. Codification of Administrative Law in Germany and the European Union, Markus Heintzen (University of Berlin, Germany) 7. Administrative Proceedings in Italy, Roberto Caranta (University of Turin, Italy) 8. Codification of Administrative Law in the Netherlands, Ymre E Schuurmans (University of Leiden, Netherlands), Tom Barkhuysen (University of Leiden, Netherlands) and Willemien den Ouden (University of Leiden, Netherlands) 9. Codification of Norwegian Administrative Law, Jon Christian Fløysvik Nordrum (University of Oslo, Norway) 10. Codification of Administrative Law in Sweden, Jane Reichel (Stockholm University, Sweden) and Michaela Ribbing (Stockholm University, Sweden) 11. Codification of Administrative Law in Switzerland, Felix Uhlmann (University of Zurich, Switzerland) 12. Codification of Administrative Law in the United Kingdom: Beyond the Common Law, Sarah Nason (Bangor University, United Kingdom) 13. The United States: Systematic but Incomplete Codification, Edward L Rubin (Vanderbilt University, United States of America) 14. Science Codification for the European Union: The ReNEUAL-Network: On the Limits of Legal Control of Innovation and Technology, Ariane Berger (University of Berlin, Germany) 15. Comparative Analysis, Felix Uhlmann (University of Zurich, Switzerland)

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Book SynopsisThis book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in Germany, Canada, Brazil, India, the UK and Italy. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.

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Book SynopsisThis new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context.The book provides students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the Constitution''s structure and role in the new South Africa. Main themes include a description of the historical context and emergence of the Constitution through the democratic transition; the implementation of the Constitution and its role in building a new democratic society; the interaction of the Constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa.

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Book SynopsisThis book explores accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. Accountability matters. It matters because it connects the governors with the governed, and for this reason it is a hallmark of democratic governance. And yet, amidst a backdrop of concerns about democratic back-sliding, the rise of populism, the role of algorithmic governance, moral barbarism, and post-truth politics — to mention just a few issues — a number of potentially far-reaching questions of accountability have been asked. It is for exactly this reason that this book explores the concept of accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. The book considers the questions raised by the shifting architecture of accountability. Whilst some scholars suggest that accountability processes have never been so effective —trumpeting the rise of monitory democracy with its dense array of watchdogs, sleaze-busters, auditors, legislative committees, statutory supports, and investigative mechanisms — others express concern about the risk of ‘overloads’, ‘gaps’, and ‘traps’. This has led to a focus on fuzzy accountability and diagonal accountability, pointing to increasing conceptual confusion. Bringing together world-leading scholars and former politicians and public servants, the book cuts through this confusion and provides the reader with the answers to the most debated issues, including rarely discussed ‘pathologies of accountability’, post-human governance, and a novel focus on balance and proportionality.Table of ContentsAcknowledgements Foreword, Lord Neuberger of Abbotsbury, Former President of the Supreme Court of the United Kingdom 1. Accountability Matters, Matthew Flinders (University of Sheffield, UK) and Chris Monaghan (University of Worcester, UK) Part I: Framing 2. Questions of Perspective - Accountability as a Behavioural Proposition, Thomas Schillemans (Utrecht University, the Netherlands) 3. Questions of Measurement: Striking an Accountability Balance, Ellen Rock (University of Technology Sydney, Australia) 4. Loss of Balance? Exploring the 'Dark Side' of Accountability, Matthew Flinders (University of Sheffield, UK) 5. Fuzzy Law, Executive Powers and the Problem of Accountability, Margit Cohn (Hebrew University of Jerusalem, Israel) 6. Collaborative Constitutional Accountability, Se-shauna Wheatle (University of Durham, UK) Part II: Themes 7. Questions of Control: Accountability in the Shadow of Prorogation, Chris Monaghan (University of Worcester, UK and Josie Welsh (University of Worcester, UK) 8. Questions of Counsel: Accountability and Policy Advice, Jonathan Slater (King’s Policy Institute; former Permanent Secretary in the Department for Education, UK) 9. Enforcing the Conventions of Constitutional Monarchy, Robert Blackburn (King’s College London, UK) 10. Accountability, Human Rights and Beyond: Lessons from Social Security Law, Alison Young (University of Cambridge, UK) Part III: Futures 11. Accountability in Global Governance, Kate Macdonald (University of Melbourne, Australia) and Terry Macdonald (University of Melbourne, Australia) 12. Accountability from the Inside-Out, David Blunkett (Member of the House of Lords, UK; former Home Secretary) 13. Positive Accountability: From Naming, Shaming and Blaming to Lesson Learning, Sharon Shoesmith (former Director of Education and Children's Social Care, UK) 14. Accountability in the Age of Artificial Intelligence, Madalina Busuioc (Vrije University, the Netherlands) Part IV: Where Next? 15. Questions Still to be Answered, Matthew Flinders (University of Sheffield, UK) and Chris Monaghan (University of Worcester, UK)

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Book SynopsisThis book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the ‘rule of law’ impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation. Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.Table of ContentsPart I: The Theory 1. Faltering Institutional Responses in Backsliding Democracies, Pablo Riberi (Universidad Nacional de Córdoba, Argentina) 2. How the Pandemic Changed Democratic Regimes, Sergio Verdugo (IE University Law School, Spain) Part II: The Practice 3. Pandemocracy in Argentina, Manuel J García-Mansilla (Universidad Austral, Argentina) and Ricardo Ramírez-Calvo (Universidad de San Andrés, Argentina) 4. Pandemocracy in Brazil, Marcelo Figueiredo (Pontifical Catholic University, Brazil) 5. Pandemocracy in Chile, Javier Couso (Universidad Diego Portales, Chile) 6. Pandemocracy in Mexico, José María Serna de la Garza (National Autonomous University of Mexico, Mexico) 7. Peru: Executive v. Legislative Wars Amidst a Global Pandemic, Trilce Valdivia (Universidad Católica San Pablo, Perú) 8. Venezuela: Effects of the Pandemic in a State Already Lacking Constitutional Democracy and Immersed in a Complex Humanitarian Crisis, Daniela Urosa (Boston College Law School, USA) and José Ignacio Hernández (Catholic University and Central University, Venezuela) Part III: Beyond States 9. COVID-19, Corruption and Democratic Institutions, Delia M Ferreira Rubio (Córdoba National University, Argentina) 10. Hyper-Presidentialism versus Federalism During the COVID-19 Emergency in Argentina, Brazil, and Mexico, Antonio María Hernández (National University of Cordoba, Argentina) 11. Environmental Democracy under Quarantine? Access to Information and Public Participation During the COVID-19 Pandemic, Maria Florencia Saulino (Universidad de San Andres, Argentina) 12. The Inter-American System and Constitutional Emergencies, Ignacio Colombo Murúa (Universidad Católica de Salta, Argentina) Epilogue: A Comparative Outlook 13. The COVID-19 Emergency and Instability in Latin America, David Landau (Florida State University, USA) 14. Out of Balance? Revisiting Separation of Powers During the COVID-19 Pandemic, Konrad Lachmayer (Sigmund Freud University, Austria)

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Book SynopsisOver 2 billion people (61% of the world’s employed population) work in the informal economy. Due to its pervasiveness, informality plays a major role in understanding a wide swath of ideas, such as development, work, employment, governance, and growth. Its scope, nonetheless, goes far beyond economic definitions and political agendas. As the book argues, at the root of informality lies another comprehensive, yet generally unnoticed—or at best improperly treated—phenomenon: that of noncompliance with the law. Whilst it is true that much attention has been paid to the economic aspect over the past 5 decades, the same cannot be said about the legal aspect, which is one of its constitutive features. This book takes the first steps in this direction. The book provides an account of the phenomenon’s legal nature through the lens of a case study on street vendors in Brazil, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive. The Nature and Impacts of Noncompliance was awarded The European Award for Legal Theory 2022 from the European Academy of Legal Theory (EALT) and Prêmio Abrafi de Teses 2022 from the Brazilian Association for Philosophy of Law and Sociology of Law (Abrafi).Table of ContentsIntroduction Part I: A Case of Noncompliance 1. On the Concept and Size of Informality 2. Getting Closer to the Phenomenon: An Overview of the World of Street Vending 3. Stepping into the Field: The Example of Fortaleza, Ceará, Brazil Part II: On the Nature of Noncompliance 5. Conceptual Presuppositions 6. Conceptual Architecture Part III: On the Impacts of Noncompliance 7. On Time and Space 8. Arenas of Noncompliance 9. On the State and Its Law Concluding Remarks

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Book SynopsisAdministrative tribunals are a vital part of the public law frameworks of many countries. This is the 1st edited book collection to examine tribunals across the common law world. It brings together key international scholars to discuss current and future challenges.The book includes contributions from leading scholars from all major common law jurisdictions the UK, the USA, Canada, Australia, New Zealand, Ireland, Israel, Hong Kong, Singapore, India and South Africa. This global analysis is both deep and expansive in its coverage of the operation of administrative tribunals across common law legal systems. The book has two key themes: one is the enduring question of the location and operation of tribunals within public law systems; the second is the continued mission of tribunals to provide administrative justice. The collection is an important addition to global public law scholarship, addressing common problems faced by the tribunals of common law countries, and providing solutions for how tribunals can evolve to match the changing nature of government.

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Book SynopsisAlexandra Andhov is Professor, Chair in Law and Technology, and Director of the Centre for Law and Technology at the University of Auckland, New Zealand.Claire A Hill is the James L Krusemark Chair in Law at the University of Minnesota Law School, USA.Saule T Omarova is the Earle Hepburn Professor of Law at Penn Carey Law, University of Pennsylvania, USA.

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Book SynopsisTania Groppi is Professor of Public Law at the University of Siena, Italy.Marie-Claire Ponthoreau is Professor of Constitutional Law at the University of Bordeaux, France.Irene Spigno is Professor of Comparative Constitutional Law at the Interamerican Academy of Human Rights, Autonomous University of Coahuila, Mexico.

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Book SynopsisThe constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea.The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea's experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of constitution without constitutionalism'.For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart''s successful series, Constitutional Systems of the World.

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Book SynopsisDieter Grimm is an internationally renowned authority on constitutional law, constitutional theory, constitutional history and constitutional adjudication, Germany.

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Book SynopsisIngeborg Schwenzer is Professor Emerita of Private Law at the University of Basel, Switzerland.Christiana Fountoulakis is Professor of Private Law at the University of St. Gallen, Switzerland, and an international sales law and choice-of-law specialist. Mariel Dimsey is an arbitration and international sales law specialist, and an independent arbitrator based in Hong Kong.Maren Wibke Weigl is an arbitration lawyer based in Hong Kong.Patrick Wittum is a German law graduate, LL.M. Candidate at Harvard Law School, and former research assistant at the University of Zurich, Switzerland.Aydin Sari is Research Assistant in international sales law at the University of St. Gallen, Switzerland.

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