Comparative law Books

Book SynopsisThis book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the ‘political’ constitution to a ‘legal’ one. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the ‘further reform’ position.Table of ContentsIntroduction - The Case for the Political Constitution, Richard Johnson (Queen Mary, University of London, UK) and Yuan Yi Zhu (University of Oxford, UK) Part I : The Political Constitution and the Law 1. A (Brief) Case Against Constitutional Supremacy, Brian Christopher Jones (University of Sheffield, UK) 2. Judicial Encroachment on the Political Constitution?, Carol Harlow KC (LSE, UK) 3. Legislative Freedom and Its Consequences, Richard Ekins (University of Oxford, UK) 4. A Great Forgetting: Common Law, Natural Law, and the Human Rights Act, Michael Foran (University of Glasgow, UK) 5. Law and Politics: The Nightmare and the Noble Dream, Rt Hon Sir Robert Buckland KC MP (Lord High Chancellor of Great Britain, 2019-21) Part II: Westminster and Whitehall 6. The Fixed-term Parliaments Act 2011: Out, Out Brief Candle, Robert Craig (University of Bristol, UK) 7. Reform of the House of Commons: A Sceptical View on Progress, Tony McNulty (Queen Mary, University of London, UK) 8. The House of Lords: A Sceptical View of Big Bang Reform, Philip Norton, Lord Norton of Louth (Hull, UK) 9. Accountability and Electoral Reform, Jasper Miles (Queen Mary, University of London, UK) 10. Delegated Legislation in an Unprincipled Constitution, Hayley Hooper (University of Oxford, UK) 11. A Defence of the Dual Legal-Political Nature of the Attorney General for England and Wales, Conor Casey (University of Liverpool, UK) 12. The Public Appointments System, John Bowers KC (University of Oxford, UK) 13. Standards and the British Constitution, Gillian Peele (University of Oxford, UK) Part III: Beyond Westminster and Whitehall 14. Devolving and Not Forgetting, Vernon Bogdanor (King’s College London, UK) 15. Scottish Secession and the Political Constitution of the UK, Peter Reid and Asanga Welikala (both of University of Edinburgh, UK) 16. Northern Ireland’s Constitutional Position in the UK, Kate Hoey, Baroness Hoey of Lylehill and Rathlin (Chair of the Northern Ireland Select Committee, 2019) 17. The European Union and the British Constitution, Joanna George (University of Cambridge, UK) & Rt Hon Gisela Stuart, Baroness Stuart of Edgbaston (Chair of Vote Leave) 18. Against (Many Kinds of) Representation, Richard Tuck (University of Harvard, USA)

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Book SynopsisFor centuries, since the Roman Empire’s adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe’s religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume’s contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.Table of Contents1. Islam, Religious Liberty and Constitutionalism in Europe: An Introduction, Mark Hill KC (University of Notre Dame, UK) and Lina Papadopoulou (Aristotle University of Thessaloniki, Greece) Part I: Constitutional Challenges 2. Religious Freedom for Muslims: A Challenge to the Historical Foundations and Resilience of European Constitutionalism, Evangelos Venizelos (Aristotle University of Thessaloniki, Greece) 3. When History Cripples the Future for Muslims in Europe: The Struggle between Two Notions of Constitutionalism, Ali Rashid Al-Nuaimi (United Arab Emirates Federal National Council) 4. European Values and Islam, Maurits S Berger (Leiden University, the Netherlands) 5. Old and New Islam in Europe: A Methodological Approach, Konstantinos Tsitselikis (University of Macedonia, Greece) 6. Constitutionalism, Populism and Islam in Europe, Andrea Pin (University of Padua, Italy) Part II: Religious Freedom and Other Human Rights 7. Respecting Human Rights by Reconciling the Rights of Muslim Communities and State Policies, Francis Messner (University of Strasbourg, France) 8. Equality and Difference: Muslim Religious Practice, Religious Tribunals and Muslim Women, Samia Bano (University of London, UK) 9. From Foreigners to Citizens: Freedom of Religion, Education and Policies for Social Integration of Muslim Minors, Enrica Martinelli (University of Ferrara, Italy) 10. Regulating Islam: Limitations on Freedom of Religion in Denmark, Niels Valdemar Vinding (University of Copenhagen, Denmark) Part III: Supranational and Comparative Approaches 11. Islamic Headgear: The Case Law of the European Court of Human Rights, Vincent A De Gaetano (European Court of Human Rights, France) 12. Hunting Grounds for Religious Slaughter: A Case Study from the Court of Justice of the European Union, Wolfgang Wieshaider (University of Vienna, Austria) 13. Reasonable Accommodation of Islamic Practices: Europe and America Compared, Ioannis Papadopoulos (University of Macedonia, Greece) 14. Divine Command and Religious Liberty: A Theological Reflection on Islamic Constitutionalism, Mahan Mirza (University of Notre Dame, USA) Part IV: Securitisation and Islamophobia 15. Muslims in Europe: Religious Freedom and Security, Agustín Motilla (University Carlos III of Madrid, Spain) 16. The Legal Treatment of Islamophobic Speech in Europe, Lina Papadopoulou (Aristotle University of Thessaloniki, Greece) 17. Security and Liberty in the Shadow of Islamophobia in Europe, Merilin Kiviorg (University of Tartu, Estonia) 18. The European Debate on Restrictions on Foreign Funding of Islam, Zoila Combalía (University of Zaragoza,Spain) 19. Islamophobia, Xenophobia and Religion in the European Union: A Quantitative Analysis, Anastasia Litina (University of Macedonia, Greece) and Konstantinos Papastathis (Aristotle University of Thessaloniki, Greece)

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Book SynopsisThis book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman’s path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors’ essays. Some advance Ackerman’s theory, others attack it, and still others refine it – but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical ‘people’ have spoken. A must-read for all interested in the current state of constitutionalism.Trade ReviewThe contributions to this excellent volume mount a formidable critique of the thesis Ackerman advances … this collection itself makes an important contribution to comparative constitutional law. -- Tom Mullen, University of Glasgow * The Edinburgh Law Review *Table of ContentsIntroduction: A Global Tour of Constitutionalism Richard Albert 1. A Political, not a Legal History of the Rise of Worldwide Constitutionalism Dieter Grimm PART I THE LEGITIMATING FOUNDATIONS OF REVOLUTIONARY CONSTITUTIONALISM 2. A Defence of Non-representational Constitutionalism: Why Constitutions Need not be Representational Alon Harel 3. Constitutionalism and Society: Ackerman on Worldwide Constitution-Making and the Role of Social Forces Denis Baranger 4. Bruce Ackerman’s Theory of History Roberto Gargarella 5. Constitutionalism and the Predicament of Postcolonial Independence Aziz Rana 6. Revolution on a Human Scale: Liberal Values, Populist Theory? Andrew Arato PART II CONSTITUTIONAL EVOLUTIONS AND TRANSFORMATIONS 7. Charismatic Fictions and Constitutional Politics Tom Ginsburg 8. Uncharismatic Revolutionary Constitutionalism Stephen Gardbaum 9. Unconventional Adaptation and the Authenticity of the Constitution Alessandro Ferrara 10. Constitutional Revolution, Legal Positivism and Constituent Power Yasuo Hasebe 11. The Traditions of Constitutional Change Richard Albert PART III THE FUTURE OF EUROPE 12. Constitutional Crossroads: A View from Europe Neil Walker 13. How Europe Brought Judicial Review to France: A Response to Bruce Ackerman Daniel Halberstam 14. Constituting the Judiciary, Constituting Europe Mitchel Lasser PART IV THE LAW AND POLITICS OF REVOLUTION 15. Sustaining Revolutionary Constitutions: From Movement Party to Movement Court Menaka Guruswamy 16. The Italian Constitution as a Revolutionary Agreement Marta Cartabia 17. Constitutional Strategy for a Polarised Society: Learning from Poland’s Post-revolutionary Misfortunes Maciej Kisilowski 18. Choosing to Have Had a Revolution: Lessons from South Africa’s Undecided Constitutionalism James Fowkes 19. The Race against Time Bruce Ackerman

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Book SynopsisThis book explores the real-world problem of building safety through the lens of private law. The fire at Grenfell Tower, London, England and the collapse of Champlain Towers South, Florida, USA exposed widespread building safety failures globally. Using a variety of different private law perspectives ranging through torts, contract and real property law, international experts examine building safety failures across the UK, USA, Australia, Singapore, New Zealand, Italy and Canada. The book offers policymakers, practitioners, and scholars ground-breaking consideration of this vital yet under-considered aspect of the building safety crisis, along with new and valuable insights into the nature, limits and utility of private law. The collection of essays shows that private law can be part of the solution to as well as being part of the cause of the building safety crisis. Consideration is given to existing legislative and judicial responses to the crisis, offering guidance as to how statutory regimes addressing the building safety problem (such as the Building Safety Act 2022) can best be understood and developed. A central lesson is the need to take an integrated, coherent approach, within and beyond private law. The book also illustrates that an understanding of the causes of, and responses to, the building safety crisis is vital to any theory of private law: private law is unable to fulfil its distinctive and crucial role of ordering our relations, one to another, if we adopt an unduly limited view of the reasons and resources available to it. The book results from a joint research project by the Faculty of Law at the University of Oxford and Melbourne Law School at the University of Melbourne.

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Book SynopsisThe 12th volume in Hart's leading series of books on the history of tax law, exploring important tax issues from both a UK and international perspective.

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Book SynopsisAndrew Ashworth is Fellow at All Souls College at the University of Oxford, UK.Juan Ignacio Piña Rochefort is Professor of Criminal Law at the Pontifical Catholic University of Chile.

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Book SynopsisThis is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.Trade Review"This impressive collection of essays is an important reminder of the pressures to which the rule of law is subject. The expert contributors, speaking from a wide range of different perspectives, demonstrate how these challenges can be overcome and, in the process, provide valuable insights into how judges and justice work." --Lord Lloyd-Jones, Justice of the Supreme Court of the United Kingdom -- Lord Lloyd-Jones, Justice of the Supreme Court of the United Kingdom"This collection of essays is a timely analysis of the centrality of an independent judiciary to a democracy. It offers a powerful insight into the pressures as they arise in Canada, Denmark, England, France, Spain and Wales, and a cross-jurisdictional approach to issues such as diversity, political neutrality and training." --Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales 2013–17 -- Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales 2013–17Table of ContentsList of Abbreviations Introduction: Judges’ common threats and challenges, Elizabeth Gibson-Morgan Part One: Judicial Independence Chapter One: Reflections on judges in civil law and common law countries, Lord Judge Chapter Two: A Customary Scale of Punishment; Judicial Sentencing in England and Wales, Victor Bailey Chapter Three: National perceptions of Judges and Lawyers in the UK, Matthias Kelly Chapter Four: Judicial independence in Spain, Ana Maria Neira-Pena and David Soto Diaz Part Two: Judicial Diversity Chapter Five: Diversity and Judicial Independence in Denmark, Peter Gjørtler Chapter Six: Diversity and Judicial Independence in Quebec and Canada, Michel Morin Part Three: Access to Justice Chapter Seven: Judging access to justice: the case of the United Kingdom and France, Géraldine Gadbin-George Chapter Eight: Demystifying the laws and the work of judges in Wales, Milwyn Jarman Part Four: Judicial training reform Chapter Nine: The status and influence of judges of France and of common law jurisdictions: Recruitment, training and reform, Winston Roddick Chapter Ten: The Declaration of Judicial Training Principles: Judicial Training ‘as part of the judicial role’, Benoît Chamouard Conclusion: Elizabeth Gibson-Morgan Bibliography Index

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Book SynopsisThis important collection of essays is at the cutting edge of contemporary research on Roman law, comparative law, and legal history. The international and distinguished group of authors address some of the most lively contemporary problems in their respective fields, and provide new perspectives and insights in a wide range of areas. With a firm focus on texts and contexts, the papers come together to provide a coherent volume dedicated to one of the greatest contemporary Romanists, legal historians and comparative lawyers. The book covers Professor Watson's main fields of interest in a clear and accessible form, while also making available the scholarship of some individuals who do not normally publish in English. This fully-indexed volume will be of interest to all scholars and students of Roman law, ancient Jewish and Chinese law, legal history and comparative law, and will be useful for teaching and research in these fields.Trade ReviewLes lecteurs jurists seront sans doute captivs par cette tude de la problmatique des institutions anciennes dans le contexte de leur influence et de leurs rapports avec le droit actuel. A. M. Revue Internationale de droit Compare March 2001 The challenge for the cataloger is providing access to the many fine essays in an eclectic work. Gretchen Feltes International Journal of Legal Information June 2002Table of ContentsRoman law: was acceptilatio an informal act in classical Roman law?, Hans Ankum; solutio and traditio, J. L. Barton; actor and defendant in negatoria servitutis, L. Capogross Colognesi; some reflections on history and dogma as jurists' tools, Guiliano Crifo; D.33.1.20.1 (scaevola 18 dig.) revisited, Robert Feenstra; death, taxes and status in Pliny's "Panegyricus", Jane F. Gardner; translation and interpretation, William M. Gordon; the case of the deliberate wine spill, Herbert Hausmaninger; de jurisprudentia, Neil MacCormick; pigs, boars and livestock under the lex aquilia, Grant McLeod; "galba negabat", A.D. Manfredini; partes iuris, Theo Mayer-Maly; unus testis nullus testis, Antonino Metro; unpardonable crimes - fourth century attitudes, O.F. Robinson; the praetor hoist with his own petard - the palingenesia of Digest 2.1.10, Alan Rodger; maiestas in the late republic - some observations, Robin Seager. Other ancient laws: oral establishment of dowry in Jewish and Roman law - d'varim haniknim ba'amira and dotis dictio, Ranon Katzoff; cause, status and fault in the traditional Chinese law of homicide, Geoffrey MacCormack; the septuagint as nomos - how the Torah became a "civic law" for the Jews of Egypt, Joseph Meleze Modrzejewski; basics of Roman and Jewish intestacy, Reuven Yaron. Transplants, receptions and comparisons: the education and qualification of civil lawyers in historical perspective - from jurists and orators to advocates, procurators and notaries, Hans W. Baade; the moveable text of MacKenzie - bibliographical problems for the Scottish concept of institutional writing, John W. Cairns; restitution, repetition, recompense and unjustified enrichment in Scots law, Robin Evans-Jones; John Adams and the whale, Andrew Lewis; Leibniz's "Elementa Iuris Civilis" and the private law of his time, Klaus Luig; classifying crimes, R.A.A. McCall Smith; the shifting focus of adoption, Joseph W. McKnight; girth - society and the law of sanctuary in Scotland, Hector L. MacQueen; descendit ad inferos - and Belial sued Jesus Christ for trespass, Eltjo Schrage; saving souls through adoption - legal adaptation in the Dutch East Indies, A. J.B. Sirks; legal chance and Scots private law, Joe Thomson; quod raro fit, non observant legislatores - a classical maxim of legislation, Andreas Wacke; Kasper Manz, a German jurist in the seventeenth century - a man of theory and practice, Gunter Wesener; a note on regulae luris in Roman law and on Dworkin's distinction between rules and principles, Laurens Winkel.

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Book SynopsisThis is the second edition of Professor Tushnet’s short critical introduction to the history and current meaning of the United States’ Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.Trade Review...worthy of the highest recommendation for public and college library judicial studies shelves. * Midwest Book Review: Library Bookwatch *Table of ContentsINTRODUCTION 1. AN OVERVIEW OF THE HISTORY OF THE US CONSTITUTION From the Revolution to the Bill of Rights The Early National Period The Crisis over Slavery and the Civil War The Late Nineteenth Century and the Growth of the Modern State The New Deal Crisis and the New Constitutional Regime From the Reagan Revolution to the Present Conclusion Further Reading 2. THE CONSTITUTIONAL POLITICS OF THE LEGISLATIVE BRANCH Congress: Its Basic Structure and Roles The American Party System Political Parties and the Written Constitution Conduct of Elections Legislative Districting and Gerrymandering Candidate Selection and Gerrymandering Campaign Financing Constitutional Politics within Congress Conclusion Further Reading 3. THE CONSTITUTIONAL POLITICS OF THE EXECUTIVE BRANCH The President as Party Leader The President’s Role in Legislation The Unitary Executive and the Modern Administrative State The Unitary Executive in Foreign Affairs Conclusion Further Reading 4. THE CONSTITUTIONAL POLITICS OF THE JUDICIAL BRANCH Judicial Selection Judicial Review and Judicial Supremacy Political Constraints on the Jurisdiction of the Federal Courts Doctrinal Constraints on the Jurisdiction of the Federal Courts Standing Conclusion Further Reading 5. FEDERALISM AND THE REACH OF NATIONAL POWER State Governments and the US Constitution The Emergence of (Nearly) Plenary National Power The So-Called ‘Federalism Revolution’ of the 1990s and Beyond Federalism and the Spending Power Conclusion Further Reading 6. THE SUBSTANCE OF INDIVIDUAL RIGHTS UNDER THE CONSTITUTION The Starting Point Pragmatic and Realist Critiques The New Deal Reconstruction The Emergence of Modern Liberalism: Autonomy and Accommodation Lawyers and Rights Litigation: The Development of Support Structures Political Parties and Social Movements From Congress to the Courts: The Venues for Rights Protection The ‘Backlash’ Thesis Constitutional Rights in the Twenty-First Century Further Reading 7. THE PROCESSES OF CONSTITUTIONAL CHANGE Formal Amendments Substance Constitutional Interpretation as a Mechanism of Constitutional Change Interpretive Methods: An Introduction Conclusion Constitutional Moments and Constitutional Change Constitutional Moments Concluding Thoughts Further Reading

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Book SynopsisPatent Transactions in the Life Sciences is designed to provide guidance on the structure and detail of those agreements in the life sciences sector that are based on its most import assets - patents and know-how. As a companion to Intellectual Property in the Life Sciences, it is intended to cover the practical what, where, why and when of patent transactions in this sector, under the leading legal regimes. The book explains the rights that underpin life sciences transactions and describes the architecture, features and purpose of those transactions. It covers issues from the basics of a licence and assignment to complex agreements. The book also explores the types of deal that commonly feature in the industry at the corporate level and how patents fit in. Associated issues of licence disputes, competition rules, securitisation, insolvency and taxation are also examined. This new guide will be a valuable resource for lawyers, in-house counsel and other professionals advising on transactions in the life sciences industry, particularly where they have global reach.Table of ContentsIntroduction 5 Paul England Taylor Wessing Looking ahead to 13 the unitary patent Paul England Taylor Wessing Belgium 19 Philippe de Jong Christophe Ronse ALTIUS Canada 35 Rory Cattanach Kevin Fritz Wildeboer Dellelce LLP Noel Courage Bereskin & Parr LLP China and Hong Kong 51 Joanna Chan Lewis Ho Monique Lee Dechert LLP Denmark 85 Klaus Ewald Madsen Christian Bennet Rosenbak Bech-Bruun France 99 Laetitia Benard Allen & Overy LLP Germany 121 Nicole Battistini-Kohler Manja Epping Michael Gaul Christof Hohne Matthias Hulsewig Anja Lunze Steffen Wirsing Taylor Wessing India 153 Disket Angmo Fiona Desouza Jose Madan Khaitan & Co Israel 169 Uri Fruchtman Liad Whatstein Dr Shlomo Cohen & Co Italy 191 Luca Trevisan Trevisan & Cuonzo Japan 209 Frederick Ch'en Eiichiro Kubota Hogan Lovells Netherlands 237 Carreen Shannon Deterink South Korea 255 Mikyung Choe H Joon Chung Yoon Young Huh Ji Eun Kim Jongguk Pak Kim & Chang Sweden 271 Jennie Klingberg Odd Swarting Setterwalls Switzerland 285 David Broenimann Christoph Heiz Simon Holzer Kilian Scharli Andrea Sieber Meyerlustenberger Lachenal United Kingdom 303 Malcolm Bates Colin McCall Louisa Penny James Stewart Tim Worden Taylor Wessing LLP United States 343 Chuck Larsen Anita Varma Ropes & Gray LLP About the authors 373

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Book SynopsisThis book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation.A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline.Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.Trade Review“One of the main merits of the volume is that it not only describes and discusses omnibus legislation, but also provides useful and valuable observations and suggestions for its regulation. … Bar-Siman-Tov’s seems to have achieved his goal of provide valuable insights for practitioners in addition to contributing to scientific debates on this topic. The drafters and enactors of legislation, such as politicians, parliamentarians, legislative drafters, and parliamentary officials are strongly advised to peruse this book … . Bar-Siman-Tov’s book provides an excellent basis, as well as useful suggestions … .” (Noémi Sebők, International Journal of Parliamentary Studies, November 8, 2021)“Policymakers, public sector lawyers, and legislative drafters will welcome this book if for no other reason than enabling them to confirm to themselves, and to explain to others, that they are not alone in facing and resisting increasing political pressures towards the use of omnibus legislation. … this book will remain a helpful starting point for those wishing to marshal experience and arguments. The authors and editor have therefore done us a great service.” (Daniel Greenberg CB, Statute Law Review, Vol. 42 (3), October, 2021)Table of ContentsIntroduction: Comparative Multidisciplinary Perspectives on Omnibus Legislation.- Part I. Common Law Jurisdictions.- Omnibus Legislating in Congress in the 21st Century.- Due Process in Unorthodox Lawmaking: Statutory Interpretation in the Age of Legislative Complexity.- The Single-Subject Rule in the American States.- However questionable, omnibus legislation is here to stay.- Part II. Civil Law Jurisdictions.- Omnibus legislation in Spain: political expediency, doctrinal condemnation, and judicial indulgence.- The practice of omnibus laws in Belgium: an empirical test.- When rationalization of bureaucracy de-rationalizes legislatures: ‘Monster bills’ in France.- Omnibus legislation and maxi-amendments in Italy: How to circumvent the constitutional provision requiring to approve the bills 'article by article'.- Omnibus Legislation in Germany - A Widespread and yet Understudied Lawmaking Practice.- Part III. Mixed Sytem Jurisdictions.- Omnibus Legislation in Israel: The Interaction of Law, Politics, Economics and Judicial Review.- Centralization via Delegation: Analysis of the Israeli Arrangement Law.- The Economic Arrangements Law - Can The Knesset Learn From Other Countries That Contend With Omnibudget Laws?.- Part IV. Living Without Omnibus Legislation.- (Absence of) Omnibus Legislation in Sweden: when legislative drafting affects the political discourse Mauro Zamboni.

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Book SynopsisThis open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.Table of Contents

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Book SynopsisMale-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.Trade Review“This book is highly pertinent to the fields of comparative and international education … . This book conveys a remarkable amount of solid legal information; simultaneously, it inspires new appraisal and contestation of the legal status quo in many countries. It is a precious source of material for class discussion and future research on multiple issues. For its intellectual and pedagogical contributions, this book highly merits inclusion in one’s digital library as a constant companion.” (Nelly P. Stromquist, Comparative Education Review, Vol. 67 (4), November, 2023)Table of ContentsIntroduction by Mareike Fröhlich, Thomas Giegerich and Dragica Vujadinovic.- Part I Gender in a General Context: Gender Issues in Comparative Legal History by Una Divac, Maurilio Felici, Pietro Lo Iacono, Nina Kršljanin and Vojislav Stanimirović.- Feminist Political and Legal Theories by Antonio Álvarez del Cuvillo, Fabio Macioce and Sofia Strid.- Gender and Structural Inequalities from a Socio-legal Perspective by Eva Bermúdez Figueroa, Valerija Dabetić , Raquel Pastor Yuste and Zara Saeidzadeh.- Feminist Judgments by Marco Evola, Ivana Krstic and Fuensanta Rabadán Sánchez-Lafuente.- Gender Research and Feminist Methodologies by Zara Saeidzadeh.- Part II Gender in a Public Context: Human Rights Law through the Lens of the Gender Perspective by Marco Evola, Julia Jungfleisch and Tanasije Marinkovic.- The Evolving Recognition of Gender in International and European Law by Rigmor Argren, Marco Evola, Thomas Giegerich and Ivana Krstic.- Gender Equality Aspects on Public Law by Marko Davinic, Eleonor Kristoffersson and Tanasije Marinkovic.- Gender Perspective of Social Security Law by MªAngustias Benito and Carmen Jover Ramírez.- Gender Equitable Taxation by Marco Cedro, Eleonor Kristoffersson, Teresa Ponton Aricha and Lidija Živković.- Public Policies on Gender Equality by Vanesa Hervías Parejo and Branko Radulović.- Gender Competent Criminal Law by María Acale Sánchez, Ivana Marković and Susanne Strand.- Gender Perspective of Victimization, Crime and Penal Policy by Beatriz Cruz, Natalija Lukić and Susanne Strand.- Part III Gender in a Private Context: Gender Equality in the Different Fields of Private Law by Amalia Blandino, Letizia Coppo, Gabriele Carapezza Figlia, Snežana Dabic and Katarina Dolovic.- Gender Competent Family Law by Ivana Barac, Amalia Blandino, Letizia Coppo, Giampaolo Frezza, Uros Novakovic, Fuensanta Rabadán and Zara Saeidzadeh.- Labour Law and Gender by Thais Guerrero Padrón, Ljubinka Kovačević and Mª Isabel Ribes Moreno.- Integrating Gender Equality in Economics and Management by Lydia Bares Lopez, Francesca Costanza, Manuela Ortega Gil and Sofia Strid.- Gender, Business and the Law by Mareike Fröhlich, Tatjana Jevremović Petrović and Jelena Lepetić.

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Book SynopsisThe challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.Table of Contents 1.Introduction.- 2.Constitutionalisation of Labour Law.- 3.Horizontal application of fundamental rights.- 4.Collective Labour Law.- 5.Individual Labour Law.

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Book SynopsisThis book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework. In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts. However, this shift has raised numerous criticisms and concerns.Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims. It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate. The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes. Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.Table of ContentsChapter 1. Introduction.- Chapter 2. Historical And Legal Framework.- Chapter 3. Mediation.- Chapter 4. Mediating Sovereign Debt Disputes.- Chapter 5. Conclusion.

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Book SynopsisDer Einfluß der amerikanischen Besatzungsmacht auf die Entstehung des Gesetzes gegen Wettbewerbsbeschränkungen (GWB) ist die Geschichte eines weitreichenden Konfliktes unterschiedlicher Ideologien. Das amerikanische Antitrustrecht traf nach 1945 in Deutschland auf die kontinentaleuropäische Kartellrechtstradition. Die alliierte Kartellpolitik der USA wurde eng mit der Frage nach deutscher Souveränität und deutschem Wirtschaftssystem verknüpft. Gleichzeitig gibt es einen Zusammenhang zwischen deutscher und europäischer Kartellpolitik. Beide wurden als gemeinsames Konzept von übereinstimmenden Entscheidungsträgern geschaffen. Wirtschaftliche, rechtliche und politische Erwägungen flossen wie in kaum einem anderen Rechtsgebiet zusammen. Lisa Murach-Brand untersucht an Hand von teilweise bisher noch unveröffentlichten Quellen aus den Bundesarchiven in Koblenz, London und Washington D.C., wie Menschen und Mächte auf die Entstehung des GWB eingewirkt haben.

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Book SynopsisDie Existenz nichtehelicher Lebensgemeinschaften in verschiedensten Formen in den westlichen Ländern ist ein unumstößliches Faktum. Mangels umfassender gesetzlicher Rahmenbedingungen besteht für diese Lebensgemeinschaften jedoch eine Fülle von Rechtsproblemen, so etwa bei der Auflösung der Lebensgemeinschaft durch Trennung oder Tod und bei nichtehelichen Kindern. Angesichts dieser Tatsachen darf sich der Gesetzgeber nicht länger der Lösung dieser Rechtsprobleme verschließen. Kernfrage hierbei bleibt, wie weit Regelungen greifen sollen, insbesondere in Hinblick darauf, dass eine Vielzahl der Menschen in nichtehelichen Lebensgemeinschaften sich gerade bewusst gegen eine enge Rechtsbeziehung entschieden hat. Eine mögliche künftige Regelung steht daher ganz zwischen zwei Polen: Dem Schutzbedürfnis der schwächeren Partei und der Kinder einerseits und der Privatautonomie andererseits. Zahlreiche Länder verfügen über sehr unterschiedliche Gesetze zu nichtehelichen Lebensgemeinschaften. Vor dem Hintergrund der langsamen, aber stetigen Heranbildung erster Strukturen eines "europäischen Familienrechts" können rechtsvergleichende Erfahrungen helfen, ein Modell für Deutschland zu entwickeln.

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Book SynopsisGeistiges Eigentum gewinnt stetig an Wert und Bedeutung. Zunehmend stellt sich daher auch die Frage, wie Geistiges Eigentum als Kreditsicherheit neue Finanzierungsmöglichkeiten für innovatives Unternehmertum eröffnen kann. Maximilian Decker geht dieser Frage zunächst im Rahmen der aktuellen deutschen Rechtslage nach und stellt dar, wie Immaterialgüterrechte und Lizenzen als Kreditsicherheit eingesetzt werden können. In einem zweiten Teil stellt er den UNCITRAL Legislative Guide on Secured Transactions und dessen immaterialgüterspezifischen Annex näher vor. Beide enthalten umfangreiche Vorschläge, wie nationale Kreditsicherungssysteme gerade auch im Hinblick auf den Einsatz Geistigen Eigentums optimiert werden könnten. Der Autor untersucht Möglichkeiten zur Reformierung des deutschen Kreditsicherungsrechts anhand dieser Empfehlungen und entwirft eigene Vorschläge für die insoweit notwendige insolvenzsichere Ausgestaltung von Lizenzen.

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Book SynopsisIn der europaweit geführten Diskussion über Verfahren des kollektiven Rechtsschutzes rücken anstelle der Sammelklagen zunehmend Instrumente der einvernehmlichen Streitbeilegung in den Mittelpunkt. Anstatt auf Anspruchsprüfung und Urteil sind Gruppenvergleichsverfahren ausschließlich auf den Abschluss eines gerichtlichen Vergleichs unter den zahlreichen Parteien ausgerichtet. Matthis Peter untersucht aus vergleichender Perspektive die Funktionsweise und die Wirksamkeit ausgewählter Gruppenvergleichsverfahren in den USA, den Niederlanden und Deutschland. Auf Basis der Länderberichte diskutiert er mit Blick auf einen schweizerischen Gesetzesentwurf einige Kernprobleme dieses relativ neuartigen Verfahrensansatzes.

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Book SynopsisContributions from members of the German Association for Comparative Law will be among the papers presented at this summer's twentieth International Congress of Comparative Law, to be held for the first time in Asia at Fukuoka, Japan, in July. In a strong range of topics, one focus during the six-day congress will be on questions of multiculturalism and language that concern both comparative law methodology and other legal fields such as family law. Further dealt with will be matters particularly relevant to consumer protection, ranging from choice of court agreements to price control in contracts, duty of information, the regulation of crowd-funding, as well as leisure and travel contracts. Another focus will be on digitalisation's far-reaching economic, societal and legal implications, with questions of data protection in the realm of comparative law accentuated by contributions on the right to be forgotten or current national legal orders. Overall, the volume will reflect the present state of discussions within German jurisprudence. With contributions by:Christina Breunig, Moritz Brinkmann, Johanna Croon-Gestefeld, Anatol Dutta, Katharina Erler, Matthias Fervers, Stefan Grundmann, Beate Gsell, Dirk Hanschel, Wolfgang Hau, Leonhard Hübner, Luca Kaller, Jürgen Kühling, Sebastian Mock, Joachim Münch, David Rüther, Anne Sanders, Bianca Scraback, Stefanie Schmahl, Martin Schmidt-Kessel, Boris Schinkels, Andreas Spickhoff, Klaus Tonner; Jan Thiessen, Tobias H. Tröger, Lars Viellechner, Marc-Philippe Weller, Matthias Weller, Bettina Weisser

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Book SynopsisThis book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction. Table of Contents1. General Introduction.- 2. Rule-of-law and Judicial Federalism: The Role of Ordinary Courts in the Enforcement of Constitutional Rights.- 3. Constitutional Review in the United States of America: Does “Diffused” mean Complete Decentralization?.- 4. The German System of Constitutional Review: Prototype of a Concentrated Model?.- 5. Constitutional Review in Mexico: A Best of All Worlds Solution?.- 6. General Conclusions.

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Book SynopsisArbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany. Table of ContentsThe History, Importance and Modern Use of Arbitration.- Problems and Questions Encountered in Relation to Confidentiality in Arbitration.- The Present Status of Confidentiality in International Commercial Arbitration in the Various Jurisdictions.- Critical Analysis, Overall Assessment and Discussion.- Transnational Law and Arbitration.- Towards a Uniform Arbitration Law?.- Conclusions.

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Book SynopsisClimate Change and the Law is the first scholarly effort to systematically address doctrinal issues related to climate law as an emergent legal discipline. It assembles some of the most recognized experts in the field to identify relevant trends and common themes from a variety of geographic and professional perspectives.In a remarkably short time span, climate change has become deeply embedded in important areas of the law. As a global challenge calling for collective action, climate change has elicited substantial rulemaking at the international plane, percolating through the broader legal system to the regional, national and local levels. More than other areas of law, the normative and practical framework dedicated to climate change has embraced new instruments and softened traditional boundaries between formal and informal, public and private, substantive and procedural; so ubiquitous is the reach of relevant rules nowadays that scholars routinely devote attention to the intersection of climate change and more established fields of legal study, such as international trade law.Climate Change and the Law explores the rich diversity of international, regional, national, sub-national and transnational legal responses to climate change. Is climate law emerging as a new legal discipline? If so, what shared objectives and concepts define it? How does climate law relate to other areas of law? Such questions lie at the heart of this new book, whose thirty chapters cover doctrinal questions as well as a range of thematic and regional case studies. As Christiana Figueres, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC), states in her preface, these chapters collectively provide a “review of the emergence of a new discipline, its core principles and legal techniques, and its relationship and potential interaction with other disciplines.”Trade ReviewFrom the reviews:“This edited collection provides a unique contribution to the scholarship debate on climate change. … This volume is thus a solid collection of pieces which I would certainly recommend to anyone who wish to gain an improved understanding of the complex web of legal norms addressing climate change. … the book also represents an interesting reference tool for policy makers and practitioners involved in the ongoing discussions on climate change regulation and governance.” (Emanuela Orlando, Cambridge Law Journal, Vol. 72 (3), November, 2013)Table of ContentsTable of Contents.- Contributors.- Abbreviations.- 1. Introduction: Climate Change and the Law; Erkki J. Hollo, Kati Kulovesi and Michael Mehling.- Part I: Climate Law as an Emerging Discipline.- 2. Implementing Climate Law: Instrument Choice and Interaction; Michael Mehling.- 3. Exploring the Landscape of Climate Law and Scholarship: Two Emerging Trends; Kati Kulovesi.- 4. Climate Change and Justice: Perspectives of Legal Theory; Felix Ekardt.- Part II: International Climate Law.- Section I: Architecture and Institutions.- 5. Foundations of International Climate Law: Objectives, Principles and Methods; Rowena Maguire.- 6. Alternative Venues of Climate Cooperation: An Institutional Perspective; Camilla Bausch and Michael Mehling.- 7. Analyzing Soft Law and Hard Law in Climate Change; Antto Vihma.- 8. Compliance and Enforcement in the Climate Change Regime; Meinhard Doelle.- Section II: Cross-Cutting Issues.- 9. The New Framework for Climate Finance under the United Nations Framework Convention on Climate Change: A Breakthrough or an Empty Promise?; Yulia Yamineva and Kati Kulovesi.- 10. Climate Justice: The Clean Development Mechanism as a Case Study; Tomilola Eni-ibukun.- 11. Legal Aspects of Climate Change Adaptation; Jonathan Verschuuren.- 12. Climate Change and Human Rights; Timo Koivurova, Sébastien Duyck and Leena Heinämäki.- Section III: Sectoral Issues.- 13. Managing the Fragmentation of International Climate Law; Harro van Asselt.- 14. No Need to Reinvent the Wheel for a Human Rights-Based Approach to Tackling Climate Change: The Contribution of International Biodiversity Law; Elisa Morgera.- 15. The Role of REDD in the Harmonization of Overlapping International Obligations; Annalisa Savaresi.- 16. Climate Change and Trade: At the Intersection of Two International Legal Regimes; Kati Kulovesi.- 17. Climate Law and Geoengineering; Ralph Bodle.- Part III: Comparative Climate Law.- 18. Climate Law in the United States: Facing Structural and Procedural Barriers; Michael Mehling and David Frenkil.- 19. Canada and the Kyoto Protocol: An Aesop Fable; Jane Matthews Glenn and Jose Otero.- 20. Climate Law in the European Union: Accidental Success or Deliberate Leadership?; Michael Mehling and Kati Kulovesi.- 21. Climate Law in Germany; Felix Ekardt.- 22. Climate Law in the United Kingdom; Colin T. Reid.- 23. Climate Law and Policy in Russia: A Peasant Needs Thunder to Cross Himself and Wonder; Yulia Yamineva.- 24. Australia: From ‘No Regrets’ to A Clean Energy Future?; Sharon Mascher and David Hodgkinson.- 25. Climate Law and Policy in Japan; Hitomi Kimura.- 26. Sustainable Development and Climate Policy and Law in China; Christopher Tung.- 27. India’s Evolving Climate Change Strategy; Namrata Patodia Rastogi.- 28. Climate Change Responses in South Africa; Ed Couzens and Michael Kidd.- 29. Climate Change Policy and Legislation in Brazil; Haroldo Machado Filho.- 30. Climate Law in Latin American Countries; Soledad Aguilar and Eugenia Recio.

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Book SynopsisReflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.Trade Review‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’ -- Daphne Perry, The Law SocietyAcclaim for previous editions:Table of ContentsContents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index

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Book SynopsisThis book provides a practical introductory guide to comparative law. Fernanda G. Nicola and GÃnter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects.

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Book SynopsisPreventing acts of terrorism remains one of the major tasks of domestic governments and regional and international organisations. Terrorism transcends borders, so anti-terrorism law must cross the boundaries of domestic, regional and international law. It also crosses traditional disciplinary boundaries between administrative, constitutional, criminal, financial, immigration, international and military law, as well as the law of war. This second edition provides a comprehensive resource on how domestic, regional and international responses to terrorism have developed since 2001. Chapters that focus on a particular country or region in the Americas, Europe, Africa and Asia are complemented by overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy.Table of Contents1. Introduction Kent Roach, Michael Hor, Victor V. Ramraj and George Williams; Part I. Transnational Perspectives: 2. The United Nations Security Council, terrorism and the rule of law C. H. Powell; 3. The impossibility of global anti-terrorism law? Victor V. Ramraj; 4. Transplantation Laura K. Donohue; Part II. Cross-Cutting Themes: 5. The criminal law and its less restrained alternatives Kent Roach; 6. Anti-terrorism laws: balancing national security and a fair hearing Nicola McGarrity and Edward Santow; 7. Legislating anti-terrorism: observations on form and process Andrew Lynch; 8. The financial war on terrorism Kevin E. Davis; 9. Our responsibility to respect the rights of others: legality and humanity Colin Harvey; 10. 'Prevent' responses to jihadi extremism Clive Walker and Javaid Rehman; Part III. Anti-Terrorism Law and Policy in Asia: 11. Singapore's anti-terrorism laws: reality and rhetoric Michael Hor; 12. Anti-terrorism efforts in Indonesia Hikmahanto Juwana; 13. The Human Security Act and the IHL law of the Philippines: of security and insecurity H. Harry L. Roque, Jr; 14. Responses to terrorism in China Fu Hualing; 15. Security laws for Hong Kong Simon N. M. Young; 16. Japan's response to terrorism post 9/11 Mark Fenwick; 17. Mapping anti-terror legal regimes in India Ujjwal Kumar Singh; Part IV. Anti-Terrorism Law and Policy in the West: 18. The United States a decade after September 11 William C. Banks; 19. UK counter-terror law post 9/11: initial acceptance of extraordinary measures and the partial return to human rights norms Helen Fenwick and Gavin Phillipson; 20. Canada's response to terrorism Kent Roach; 21. Anti-terror legislation in Australia and New Zealand George Williams; Part V. Anti-Terrorism Measures in the Middle East and Africa: 22. Terrorism and governance in South Africa and eastern Africa Chris Oxtoby and C. H. Powell; 23. Israel's anti-terrorism law: past, present and future Daphne Barak-Erez; 24. Rocks, hard places and human rights: anti-terrorism law and policy in Arab states Lynn Welchman.

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Book SynopsisIntroduces legal and ethical issues impacting artists, art collectors, dealers, and museums in today's international art markets. Highlights key international treaties and statutes, judicial decisions, and excerpts from scholarly and other publications to make legal and ethical issues in the world of the visual arts accessible and understandable.

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Book SynopsisThe state of English company law on minority shareholders' remedies is analysed in the light of the UK Law Commission, further appraised by the Company Law Review Steering Group. As well as considering the complexities of derivative actions and statutory minority remedies, this book discusses future directions for minority shareholders' remedies.Table of Contents1. The Rule in Foss v. Harbottle; 2. Shareholder actions by exception to the rule; 3. A new derivative action; 4. The statutory minority remedies; 5. Reforming the statutory remedies.

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Book SynopsisMore Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'. Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.

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Book SynopsisThe idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.Trade Review'This excellent and novel volume seeks to reinstate the fiduciary principle to its historic place in regulating a government's relationship with its people. After two centuries of neglect, a growing number of mainly North American scholars have embarked enthusiastically on this task. They have recognized, correctly, that resort to this principle, with necessary modernization, is capable ultimately of providing greater clarity, coherence and guidance in legal and political thought than that which prevails today.' The Honourable Justice Paul Finn, Federal Court of Australia'The fiduciary theory of government holds that governments and government officials only hold power in trust for the benefit of others; therefore they have special duties of fairness and good faith. Debating both the attractions and the problems of the fiduciary conception, these essays are a valuable addition to a growing literature.' Jack M. Balkin, Yale Law SchoolTable of ContentsIntroduction. Fiduciary government: provenance, promise, and pitfalls Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim and Paul B. Miller; Part I. Modes of Governance: 1. Fiduciary representation Paul B. Miller; 2. Two problems of fiduciary government D. Theodore Rave; 3. Guardians of legal order: the dual commissions of public fiduciaries Evan J. Criddle and Evan Fox-Decent; 4. Fiduciary theory: the missing piece for positive rights Laura S. Underkuffler; Part II. Historical Approaches: 5. 'The state is a minor': fiduciary concepts of government in the Roman law of guardianship Daniel Lee; 6. Fiduciary government and government officers' incentives Nicholas R. Parrillo; Part III. The Problem of Legitimacy: 7. Fiduciary political theory and legitimacy Stephen R. Galoob and Ethan J. Leib; 8. The state as a wrongful fiduciary Andrew S. Gold; Part IV. Corruption and Breach of Trust: 9. The Supreme Court's fiduciary duty to forgo gifts Sung Hui Kim; 10. Congressional officials and the fiduciary duty of loyalty: lessons from corporate law Donna M. Nagy; 11. The American law of local officials as fiduciaries: lessons on fiduciary government's potential and limits Nadav Shoked; Part V. Skeptical Challenges: 12. Pluralism and the public trust Seth Davis; 13. The public trust Timothy Endicott.

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