Comparative law Books

Book SynopsisThis volume showcases the most recent research on the future of the legal and judicial landscape in East Asia and its renewed respect for the rule of law in the 21st century. The book features research on emerging judicial stratifications in the legal profession; war crimes and their legacies in the post-colonial era; citizens' participation in the justice system; gender, law, legal culture and profession as well as environmental justice.Trade ReviewThis collection of articles provides an impressive one-stop shop for readers who want a landscape portrait of law in East Asia in the early twenty-first century. The breadth of coverage makes the task of a reviewer difficult, as each contribution stands on its own as a piece of scholarship about a particular topic in a particular place. Nevertheless, read together, the articles do achieve a sense of unity as a compendium of themes and trends in the region’s legal systems. Dan Rosen, Asian Journal of Law and Society 3,2 (2016)Table of ContentsForeword: Asia’s Changing Legal and Judicial Landscape Tom Ginsburg List of Contributors List of Figures and Tables Introduction Setsuo Miyazawa, Weidong Ji, Hiroshi Fukurai, Kay-Wah Chan and Matthias Vanhullebusch part 1 Emerging Judicial Stratifications in Legal Profession The Development and Prospect of Legal Aid in China’s Criminal Trial Weimin Zuo Stratification or Diversification? 2011 Survey of Young Lawyers in Japan Setsuo Miyazawa, Atsushi Bushimata, Keiichi Ageishi, Akira Fujimoto, Rikiya Kuboyama and Kyoko Ishida part 2 War Crimes and Their Legacies in the Post-Colonial Era Justice Delayed: Post-Colonial Hauntings in the Khmer Rouge Tribunal Hybrid Court System Yvonne Y. Kwan “Post-Colonial” Legal Interpretation in Macau, China: Between European and Chinese Influences Denis de Castro Halis The Right to Truth and the Legacies of World War II: A Way Forward for China? Matthias Vanhullebusch part 3 Citizens’ Participation in the Justice System China’s Lay Participation in the Justice System: Surveys and Interviews of Contemporary Lay Judges in Chinese Courts Zhuoyu Wang and Hiroshi Fukurai What’s Happening in the Jury Room? Analyzing Shadow Jury Deliberation in Korea Jae-Hyup Lee, Jisuk Woo, June Woong Rhee, Jeong Min Choi and Hyunki Shin Outlook and Contents of the “Civil Tribunal System” as Proposed by the Japan Federation of Bar Associations (JFBA) Harumi Takebe part 4 Gender and Law Changes in Gender Composition and the Future of Gender Balance in the Legal Professions in Korea Haesook Kim Gender, Law and Legal Professions in China Xiaonan Liu part 5 Environmental Justice and Legal Culture China’s Past, Present and Future Approach to Climate Change Patricia Blazey and Xiangbai He Thailand’s Climate Policy and Law in the Making: Can the Tradition of Thai Civil Law Cope with Climate Governance? Kridtiyaporn Wongsa Legal Instrumentalism in China: The Case of Hukou Legislation in Beijing and Shenzhen Qiqi Fu and Paola Pasquali Invisible People, Pollution, and Places: Nuclear Contamination on the Tibetan Plateau, Himalayan Rivers, and Water Users Abigail Brown Bibliography Author Index Subject Index

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Book SynopsisIn this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders.  Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

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Book SynopsisAlthough the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec''s trust institution attracted worldwide attention in 1994. Louisiana''s 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People''s Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.Table of ContentsIntroduction Lionel Smith; 1. Reflections regarding the diversity of ways in which the trust has been received or adapted in civil law countries Madeleine Cantin Cumyn; 2. Recognition of common law trusts in civil law jurisdictions under the Hague Trusts Convention with particular regard to the Italian experience Michele Graziadei; 3. Express trusts in Israel/Palestine: a pluralist trusts regime and its history Adam Hofri-Winogradow; 4. Truth and reconciliation: notions of property in Louisiana's civil and trust codes Michael McAuley; 5. Trust laws in China: history, ambiguity, and beneficiaries' rights Lusina Ho; 6. The French Fiducie or the chaotic awakening of a sleeping beauty François Barrière; 7. The re-imagined trust Lionel Smith.

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Book SynopsisAddressing the four principal areas of water law, this timely book designs and develops an original, analytical framework for water law reform processes, using case studies from four different jurisdictions. Ideal for academics and students in environmental law and resource management, as well as policy makers and NGOs.Table of Contents1. Policy context; 2. Integrated water resource management and river basin planning; 3. Water rights and allocation; 4. Water pollution and water quality; 5. Governance and regulation of water services; 6. General conclusions; References; Index.

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Book SynopsisSince the proclamation of the Universal Declaration of Human Rights, over 165 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions creates new dimensions to concepts first articulated in 1948. In this revised second edition, Nihal Jayawickrama draws on extensive sources to encapsulate the judicial interpretation of human rights law in one comprehensive volume. Jayawickrama covers the case law of the superior courts of 103 countries in America, Europe, Africa, Asia, the Caribbean and the Pacific, as well as jurisprudence of human rights monitoring bodies. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive volume is essential for legal practitioners, and government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights.Table of ContentsPreface to the second edition; Preface; Table of cases; Part I. Introduction: 1. Historical and juridical background; 2. The international bill of human rights; 3. The domestic protection of human rights; 4. The right to a remedy; Part II. General Principles: 5. Interpretation; 6. Non-discrimination; 7. Limitations; 8. Derogation; Part III. The Substantive Rights: 9. The right of self-determination; 10. The right to life; 11. The right to freedom from torture; 12. The right to freedom from slavery; 13. The right to liberty; 14. The rights of prisoners; 15. The right to freedom of movement; 16. The right to a fair trial; 17. The rights of accused persons; 18. The right to recognition as a person; 19. The right to privacy; 20. The right to freedom of thought; 21. The right to freedom of expression; 22. The right to freedom of assembly; 23. The right to freedom of association; 24. The right to family life; 25. The rights of the child; 26. The right to participate in public life; 27. The right to equality; 28. The rights of minorities; 29. The rights relating to work; 30. The rights relating to social security; 31. The right to an adequate standard of living; 32. The right to health; 33. The right to education; 34. The right to cultural life; 35. The right to property.

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Book SynopsisThis three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically better informed. Also available, the six-volume set containing the results of the first stage of this project.

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Book SynopsisConflict of interest occurs at all levels of governance, ranging from local to global, both in the public and the corporate and financial spheres. There is increasing awareness that conflicts of interest may distort decision-making processes and generate inappropriate outcomes, thereby undermining the functioning of public institutions and markets. However, the current worldwide trend towards regulation, which seeks to forestall, prevent and manage conflicts of interest, has its price. Drawbacks may include the stifling of decision-making processes, the loss of expertise among decision-makers and a vicious circle of distrust. This interdisciplinary and international book addresses specific situations of conflict of interest in different spheres of governance, particularly in global, public and corporate governance.Table of ContentsPart I. General: 1. Conflict of interest as a cross-cutting problem of governance Anne Peters; 2. Conflict of interest from the perspective of the sociology of organised action Erhard Friedberg; 3. Empirical research on conflict of interest: a critical look Michael Davis; Part II. Global Governance: 4. Conflict of interest of international civil servants Auguste Nganga Malonga; 5. How to start thinking about conflict of interest in global governance? René Urueña; 6. Conflict of interest in international investment arbitration August Reinisch and Christina Knahr; 7. Conflict of interest in universal human rights bodies Michal Davala; Part III. Public Governance: 8. Conflict of interest and administrative law Jean-Bernard Auby; 9. Conflict of interest and the administration of public affairs – a local perspective Benjamin Schindler; 10. A dilemma in the separation of powers: public servants as legislators Thomas Braendle and Alois Stutzer; 11. Politicians as judges? Conflict of interest in Swiss parliament during decisions on the validity of popular initiatives Anna Christmann; 12. Private vices, public benefits? Small-town bureaucratization in Namibia Gregor Dobler; 13. Conflict of interest of heads of state: the example of Madagascar Jan Christoph Richter; Part IV. Corporate and Financial Governance and the Professions: 14. Conflict of interest: compliance and its contribution to corporate governance in the financial services sector Monika Roth; 15. Conflict of interest and the furore over banker compensation Andrew Stark; 16. Conflict of interest related to management and board payments – profit-based remuneration systems make things worse Lukas Handschin; 17. Taking conflict of interest in corporate law seriously – direct and indirect rules addressing the agency problem Rashid Bahar and Antoine Morand; 18. Conflict of interest at the bedside: surrogate decision making at the end of life Susan P. Shapiro; Part V. Conclusion: 19. Managing conflict of interest: lessons from multiple disciplines and settings Anne Peters.

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Book SynopsisContaining contributions by leading historians, lawyers and sociologists, this book examines the formative processes underlying the legal order of contemporary Europe. It offers sociological explanations of both the national and the supranational factors which have shaped the European legal structure.Table of Contents1. Introduction: law and the formation of modern Europe: perspectives from the historical sociology of law Mikael Rask Madsen and Chris Thornhill; Part I. Legal Institutions and European State Formation: 2. Fascism and European state formation: the crisis of constituent power Chris Thornhill; 3. The beginnings of constitutional justice in Europe Thomas Olechowski; 4. Judicialization in sociohistorical perspective – lessons from the case of France Antoine Vauchez; 5. Towards a sociology of intermediary institutions: the role of law in corporatism, neo-corporatism and governance Poul Kjaer; Part II. Law and Europe's Ideological Transformations: 6. Private, public and collective: the twentieth century in Italy from fascism to democracy Irene Stolzi; 7. Nazism and its legal aftermath: coming to terms with the past after World War II Ditlev Tamm; 8. Between socialism and liberalism: law, emancipation and 'solidarność' Jacek Kurczewski; Part III. Law and the Supranational Reinvention of Europe: 9. Europe in crisis – an evolutionary genealogy Hauke Brunkhorst; 10. International human rights and the transformation of European society: from 'free Europe' to Europe of human rights Mikael Rask Madsen; 11. Lawyers and the transformations of the fields of state power: osmosis, hysteresis and aggiornamento Yves Dezalay and Bryant Garth.

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Book SynopsisThis book is a comprehensive review and analysis of the reserve powers and their exercise by heads of state in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, those of her vice-regal representatives, and those of heads of state in the less studied realms and former colonies that are now republics. Drawing on a vast range of previously unpublished archival and primary material, The Veiled Sceptre contains fresh perspectives on old controversies. It also reveals constitutional crises in small countries, which have escaped the notice of most scholars. This book places the exercises of reserve powers within the context of constitutional principle and analyses how heads of state should act when constitutional principles conflict. Providing an unrivalled contemporary analysis of reserve powers, it will appeal to constitutional scholars worldwide and others involved in the administration of systems of responsible government.Table of Contents1. Prerogative and reserve powers; 2. Advice to and from the head of state; 3. Appointment of the chief minister; 4. Dismissal of governments; 5. Dissolution; 6. Caretaker conventions; 7. Summoning parliament; 8. Prorogation; 9. Royal assent; 10. The rejection of advice to act illegally or unconstitutionally; 11. Appointment and dismissal of vice-regal officers.

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Book SynopsisThe rise of Asia in global political and economic developments has been facilitated in part by a profound transformation of Asian courts. This book provides the most up-to-date and comprehensive analysis of these courts, explaining how their structures differ from courts in the West and how they have been shaped by the current challenges facing Asia. Contributors from across the continent analyze fourteen selected Asian jurisdictions representing varying degrees of development: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam. Setting the courts of each region in the context of their country''s economic, political, and social dynamics, this book shows how and why Asian courts have undergone such profound transformations in recent years and predicts the future trajectories of tradition, transition and globalization to suggest the challenges and developments that lie ahead.Trade Review'Asian Courts in Context is a valuable addition to a growing collection academic texts which, increasingly, focus on the practical and institutional sides of the judicial and courts components of government. It would be a useful addition to law library reference collections in law schools, international law firms, international investment advisors, and multi-national corporations with subsidiaries or divisions in one or more of the countries represented. Law and political science faculty who specialize in court systems will find it an important addition to their personal libraries and might even consider it as the primary text for a graduate- level survey course comparing Asian court and justice systems … The editors have produced a work that not only contributes substantially to our understanding of court systems in Asian states but makes for an interesting read.' Markus Zimmer, International Journal for Court AdministrationTable of Contents1. Introduction: Asian courts in context: tradition, transition and globalization Jiunn-rong Yeh and Wen-Chen Chang; Part I: 2. Towards a more responsive judiciary: courts and judicial power in Japan Norikazu Kawagishi; 3. Courts in the Republic of Korea: featuring a built-in authoritarian legacy of centralization and bureaucratization Jongcheol Kim; 4. Courts and judicial reform in Taiwan: gradual transformations towards the guardian of constitutionalism and rule of law Wen-Chen Chang; 5. Hong Kong: common law courts in China Pui Yin Lo; 6. As efficient as the best businesses: Singapore's judicial system Kevin Y. L. Tan; Part II: 7. Legitimacy of courts and the dilemma of their proliferation: the significance of judicial power in India Jayanth Krishnan; 8. Courts in Indonesia: a mix of Western and local character Hikmahanto Juwana; 9. The fledgling courts and adjudication system in Mongolia Batbold Amarsanaa; 10. The Philippines' post-Marcos judiciary: the institutional turn in a populist democracy Raul C. Pangalangan; 11. Courts in Malaysia and judiciary initiated reforms Yeow Choy Choong; 12. Courts in Thailand: progressive development as the country's pillar of justice Pawat Satayanurug and Nattaporn Nakornin; 13. Courts and the adjudication system in Bangladesh: in quest of viable reforms Ridwanul Hoque; 14. Courts in China: judiciary in the economic and societal transitions Weixia Gu; 15. Renovating courts: the role of courts in contemporary Vietnam Pip Nicholson; 16. Conclusion: challenges and prospects for Asian courts Jiunn-rong Yeh and Wen-Chen Chang.

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Book SynopsisTalmudic legislation prescribed penalty for a Jew to testify in a non-Jewish court, against a fellow Jew, to benefit a gentile - for breach of a duty of loyalty to a fellow Jew. Through close textual analysis, Saul Berman explores how Jewish jurists responded when this virtue of loyalty conflicted with values such as Justice, avoidance of desecration of God''s Name, deterrence of crime, defence of self, protection of Jewish community, and the duty to adhere to Law of the Land. Essential for scholars and graduate students in Talmud, Jewish law and comparative law, this key volume details the nature of these loyalties as values within the Jewish legal system, and how the resolution of these conflicts was handled. Berman additionally explores why this issue has intensified in contemporary times and how the related area of ''Mesirah'' has wrongfully come to be prominently associated with this law regulating testimony.Trade Review'This is a fascinating book about the history of a particular halachic (Jewish legal) concept; namely, the issue of a Jew providing testimony against a fellow Jew in a non-Jewish court. … The book is a masterpiece of legal analysis and a brilliant case study of tracing an interesting and relevant legal concept through nearly two thousand years of legal history. … The writing is clear and lucid, and even though it is structured in a manner similar to a legal treatise, this book can be understood by anyone interested in the subject matter at hand or someone with an even basic familiarity with Jewish law.' David Tesler, Association of Jewish LibrariesTable of ContentsAcknowledgements; Introduction; 1. The use of non-Jewish courts: the Tannaitic period; 2. Legislative constraint on testimony: the Amoraic period; 3. Rejected rationales of testimonial restriction: the Gaonic period into the period of the Rishonim; 4. Creation of a duty to testify against fellow Jews in non-Jewish courts in the period of the Rishonim: i.e. under what circumstances could testimony in an honest non-Jewish court be required by Jewish law (and testimony then be permissible even in corrupt non-Jewish courts)?; 5. The tension between responsa and codification: not every good ruling makes a good rule Maharam Mintz, Rabbi Joseph Caro and Rabbi Moshe Isserlis; 6. Further expansion of the duty to testify against fellow Jews in non-Jewish courts in the period of the Acharonim: R. Yaacov Emden; 7. Contemporary attempts to revert to the original law of Rava: expanding the boundaries of loyalty; 8. Conclusion: reflections on loyalty and law; Bibliography; Index.

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Book SynopsisThis book appeals to a broad range of researchers and practitioners whose work engages with intellectual property and international trade. Lawyers, economists, international relation specialists, and policymakers will find much of value in this book, especially those wanting to learn more about comparative and international law.Trade Review'A first-rate transnational survey on the exhaustion question addressing a range of critical issues.' Frederick Abbott, Edward Ball Eminent Scholar Professor of Law, Florida State University College of Law'Great achievement by two prominent scholars! Drawing on case law, comparative law and clear examples and implications, Calboli and Ghosh have produced a first-class analysis of the intricacies of the key questions and the policies underlying the choice of exhaustion regime. Its comprehensive analysis of different IP regimes and the enlightening interactions with international trade, the digital environment, competition law, makes this instructive and attractively written book a must for policy makers, professionals and academics.' Pedro Roffe, Senior Fellow, International Center for Trade and Sustainable Development (ICTSD)'This book addresses the most important feature of intellectual property rights from the perspective of international trade. Discussing a range of exhaustion topics - from recent changes in the US law of exhaustion to the challenges of exhaustion in the digital realm - Professors Ghosh and Calboli share their vast knowledge of comparative intellectual property law and offer a thoughtful overview of the complex landscape of the exhaustion principle.' Marketa Trimble, Samuel S. Lionel Professor of Intellectual Property Law, William S. Boyd School of Law, University of Nevada, Las Vegas"The authors have given us an invaluable treatise covering both the legal and economic aspects of the complex subject of parallel imports and the doctrine of exhaustion of intellectual property rights. This book - which is very readable - should be an essential resource for intellectual property scholars from the disciplines of both law and economics.' Jayashree Watal, Counsellor, Intellectual Property, Government Procurement and Competition Division, World Trade OrganizationTable of ContentsForeword Jerome Reichman; 1. The persistent policy pull of exhaustion; 2. Incentives and exhaustion policy; 3. Exhaustion and international trade; 4. Trademark exhaustion across jurisdictions; 5. Patent exhaustion across jurisdictions; 6. Copyright exhaustion across jurisdictions; 7. Overlapping rights and exhaustion; 8. Exhaustion in the digital age; 9. Exhaustion policy: challenges and choices.

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Book SynopsisTax scholars traditionally emphasize economics and assume that all tax systems can be evaluated in more or less the same way. By applying the insights of anthropology, sociology, and other social sciences, Michael A. Livingston demonstrates that tax systems frequently pursue different values and that the convergence of tax systems is frequently overstated. In Tax and Culture, he applies these insights to specific countries, such as China and India, and specific tax issues, including progressivity, tax avoidance, and the emerging area of environmental taxation. Livingston concludes that the concept of a global tax culture is, in many cases, merely a reflection of Western hegemony, and is unlikely to survive the changes implicit in the rise of non-Western nations and cultures.Trade Review'The book Tax and Culture: Convergence, Divergence, and the Future of Tax Law, by Michael Livingston, makes an exceptionally valuable contribution to the field of critical tax scholarship, and to tax legal scholarship more broadly.' Ann Mumford, British Tax ReviewTable of Contents1. Introduction: comparative law and its relevance to the tax field; 2. Tax anthropology: attitudes, behaviors, and the role of historical contingencies; 3. Tax sociology: the significance of tax institutions; 4. Convergence, divergence, and the persistence of national differences; 5. Case studies I: the tax cultures of selected Western and nonwestern countries; 6. Case studies II: progressivity, tax avoidance, and environmental taxes; 7. Conclusion: the limits of globalization and the continuing importance of culture.

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Book SynopsisThis volume offers a novel look at intellectual property issues through the lens of the post-socialist and transitional experience in Central and Eastern European countries as well as a thought-provoking critique of current approaches, and builds a compelling case for cogent policymaking.Trade Review'A dazzling collection of expert insights into intellectual property in the post-socialist order of Central and Eastern Europe. An important contribution to the comparative law of intellectual property in transition.' Paul Goldstein, Lillick Professor of Law, Stanford University, CaliforniaTable of Contents1. General introduction – intellectual property in Central and Eastern Europe: a new era of post-socialist transition Mira T. Sundara Rajan; 2. The patent system in pre-1989 Czechoslovakia Marketa Trimble; 3. The development of Hungarian copyright law until the creation of the First Copyright Act (1793–1884) Péter Mezei; 4. Moral rights and the cultural aspects of Hungarian copyright law: 1945–2000 Péter Munkacsi; 5. The Polish struggle with the concept of copyrightable work – a brief look at the history and contemporary issues Tomasz Rychliski and Grzegorz Pacek; 6. Comparing concepts of originality in EU, Lithuanian, and US law: photographs, news clips, databases, plot lines, TV formats, and other new uses of copyright works Azuolas Cekanavicius and Lois Fishman; 7. The comparative lessons of Itar-Tass Russian News Agency v Russian Kurier Peter Yu; 8. Communication to the public under union law from the perspective of Austrian and German copyright law – a notion in transition Michel M. Walter; 9. Collective management of copyright in Hungary Gabor Faludi; 10. Exceptions and limitations: a consideration of copyright theory and practice in the Czech Republic Matěj Myška; 11. Digitization of Czech cultural heritage and new forms of information exclusivity Radim Polcak; 12. The treatment of authors' moral rights in Georgia Nino Tsaturova; 13. Performers' rights – a Central European export Rudolf Leška; 14. The white elephant in the room: implications of the digital single market strategy for film and television distribution in the Czech Republic Pavel Zahradka and Petr Szczepanik; 15. A Central and Eastern European perspective on EU copyright reform: the case of Lithuania Rita Matulionyte; 16. The painter, the one horn cow and ole Hank Wilson's back lot – the future of library digitization in Hungary and the European Union Péter Mezei; 17. Does paying innovative employees pay off? A brief look at Czech and Slovak IP law on employee remuneration Vojtěch Chloupek; 18. Intellectual property rights in Albania: the 'B-52 energy drink' trademark case Viola Prifti and Denisa Asko; 19. The protection of geographical indications for agricultural products in the European Union Natalie Nathon; 20. Legal protection of the traditional knowledge and traditional cultural expressions of the indigenous peoples of the former Soviet Union Michael Newcity; Index.

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Book SynopsisThe United Nations estimates that four billion people worldwide lack access to justice. This book is essential for anyone who wants to change that: lawyers, researchers, policy-makers, and activists. Community paralegals demystify law and empower people to advocate for themselves. In the fight to bring justice everywhere, they are the frontline. This title is also available as Open Access.Trade Review'In the 2030 Sustainable Development Goals, world governments made a historic commitment to achieve 'access to justice for all'. This book is a must-read for anyone who, like me, believes in the urgency and vitality of that goal, and anyone who wants to understand how we go about achieving it. If 'access to justice' is an abstraction to you, it won't be once you read the stories in these pages of paralegals and clients seeking justice. Those stories are unforgettable. They hold lessons for all of us.' Mary Robinson, former President of Ireland and former High Commissioner for Human Rights'This book brings law to life in a thoroughly original way. It charts, with great empirical care, analytical acuity and historical sensitivity, the obstacles that lie in the path of making justice accessible to marginalized groups. It then addresses the question: to what extent can paralegals mitigate these obstacles? Through wonderful case studies of the incredibly innovative paralegal movement, it throws light on the toughest questions of our time: how can law become a site for an inclusionary imagination. Anyone interested in the future of law and justice will have to reckon with this book.' Pratap Bhanu Mehta, Vice-Chancellor, Ashoka University, India'This is a powerful guide to understanding one of the most promising emerging fields in the world today. Community paralegals are heroes on a daily basis. Each individual story is inspiring, and the global potential of this profession to change countless lives is thrilling.' Ricken Patel, Founder and CEO, Avaaz'Methodologically rigorous and deeply humane, this groundbreaking and hopeful book transports the reader to the frontlines of global community paralegal efforts to squeeze justice out of the most unlikely places. We bear witness to their successes as they champion the rights of individuals and communities against abuses of power by state actors, private corporations and dysfunctional justice systems. And through clear-eyed analysis of the challenges that community paralegals face, the book makes a convincing argument that only with sustainable financial resources, political will, and dedication to the cultivation of strong cadres of well-trained and supported grassroots advocates, can justice be a lived and long-lasting reality in the lives of the global masses.' Chi Adanna Mgbako, Director of the Leitner International Human Rights Clinic, Fordham University, New York'For many people in the United States and worldwide, the law is a ruse for oppression. Frontline legal advocates can help people turn law into the guarantor of equality it is supposed to be. This book shows us how.' Bryan Stevenson, Founder of Equal Justice Initiative and Macarthur Fellow'This book consists of detailed and impressive studies of a worldwide program that might well constitute a revolution in the making: relying on ordinary citizens to use the power and majesty of the law to protect their rights.' Owen Fiss, Sterling Professor, Yale University, Connecticut'This compelling volume not only demonstrates the significance of 'barefoot lawyering' in nations struggling for democracy. It contains important insights for the world wide effort to preserve and extend fundamental freedoms in the twenty- first century.' Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University, Connecticut'Community Paralegals and the Pursuit of Justice is a work of prodigious scholarship that represents a significant contribution to the development, human rights, and rule of law fields. Vivek Maru, Varun Gauri and contributing authors have evaluated paralegal organizations in six countries with scrupulous care and have drawn well-supported lessons for improving and expanding the model globally. Community Paralegals and the Pursuit of Justice provides welcome evidence that investment in paralegal organizations can not only pay significant dividends for the poor, but can improve the accessibility, capacity, and accountability of justice systems themselves.' Gary Haugen, Founder and CEO, International Justice Mission'… Community Paralegals and the Pursuit of Justice undoubtedly offers important insights into the dynamics influencing the work of paralegals; it is recommended for everyone concerned with the full realization of access to justice for all.' Erica Leni, Human Rights ReviewTable of Contents1. Paralegal in comparative perspective – what have we learned across these six countries? Vivek Maru and Varun Gauri; 2. 'To whom do the people take their issues?' The contribution of community-based paralegals to access to justice in South Africa Jackie Dugard and Katherine Drage; 3. Community-based paralegalism in the Philippines: from social movements to democratization Jennifer Franco, Hector Soliman and Maria Roda Cisnero; 4. Paralegalism in Indonesia: balancing relationships in the shadow of the law Ward Berenschot and Taufik Rinaldi; 5. Kenya's community-based paralegals: a tradition of grassroots legal activism Abigail Moy; 6. Squeezing justice out of a broken system: community paralegals in Sierra Leone Vivek Maru, Lyttelton Braima and Gibrill Jalloh; 7. The contributions of community-based paralegals in delivering access to justice in postwar Liberia Peter Chapman and Chelsea Payne.

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Book SynopsisA decade after the Global Financial Crisis and Great Recession, developed economies continue to struggle under excessive household debt. While exacerbating inequality and political unrest, this debt - when combined with wage stagnation and a shrinking welfare state - has played a key role in maintaining economic growth and allowing households faced with rising costs of living to make ends meet. In Bankruptcy: The Case for Relief in an Economy of Debt, Joseph Spooner examines this economic model and finds it increasingly unsustainable. In a call to action to reduce debt burden, he turns to bankruptcy law, which is uniquely situated as a mechanism of social insurance against the risks of a debt-dependent economy. This book should be read by anyone interested in understanding the problem of consumer debt and how best to address it.Trade Review'This reviewer highly recommends this book for people who want to learn more about the consumer debt-based economy and ways to make it fairer and more efficient.' R. H. Scott, Choice'The book is essential reading for anyone who is interested in understanding the problem of consumer debt and how best to address it. It is an indispensable addition for all university libraries.' Eugenio Vaccari, Journal of International Banking Law and RegulationTable of Contents1. Introduction; 2. Financialised capitalism and the centrality of household debt; 3. Consumer bankruptcy theory and the case for debt relief; 4. A consumer bankruptcy marketplace; 5. The limits of contractual consumer bankruptcy; 6. The austere creditor: austerity, bankruptcy policy and government debt collection; 7. Moral hazard and bankruptcy abuse prevention; 8. Conclusion; Index.

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Book SynopsisThis book provides the first comprehensive analysis of globalization''s impact on the Brazilian legal profession. Employing original data from nine empirical studies, the book details how Brazil''s need to restructure its economy and manage its global relationships contributed to the emergence of a new ''corporate legal sector'' - a sector marked by increasingly large and sophisticated law firms and in-house legal departments. This corporate legal sector in turn helped to reshape other parts of the Brazilian legal profession, including legal education, pro bono practices, the regulation of legal services, and the state''s legal capacity in international economic law. The book, the second in a series on Globalization, Lawyers, and Emerging Economies, will be of interest to academics, lawyers, and policymakers concerned with the role that a rapidly globalizing legal profession is playing in the development of key emerging economies, and how these countries are integrating into the globalTable of Contents1. Globalization, lawyers and emerging economics: the case of Brazil Luciana Gross Cunha, Daniela Monteiro Gabbay, José Garcez Ghirardi, David M. Trubek and David B. Wilkins; 2. Corporate law firms: the Brazilian case Daniela Monteiro Gabbay, Luciana Ramos and Ligia Pinto Sica; 3. In-house counsels in Brazil: careers, professional profiles, and new roles Fabiana Luci de Oliveira and Luciana Ramos; 4. South by Southeast: comparing the development of in-house legal department in Brazil and India David B. Wilkins and Vikramaditya S. Khanna; 5. Globalizing processes for São Paulo attorneys: gender stratification in law firms and law-related businesses Maria da Gloria Bonelli and Camila de Pieri Benedito; 6. The Ordem dos Advogados do Brazil and the politics of professional regulation in Brazil Frederico de Almeida and Paulo André Nassar; 7. Doing well and doing good in an emerging economy: the social organization of pro bono Among corporate lawyers and law firms in São Paulo, Brazil Fabio de Sa e Silva; 8. Legal education in Brazil: the challenges and opportunities of a changing context Luciana Gross Cunha and José Garcez Ghirardi; 9. Transforming legal capacity in Brazil: international trade law and the myth of a booming practice Rubens Glezer, Vitor M. Dias, Adriane Sanctis de Brito and Rafael A. F. Zanatta; 10. Lawyering in new developmentalism: legal professionals and the construction of the telecom sector in the emerging Brazil (1980s–2010s) Fabio de Sa e Silva and David M. Trubek.

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Book SynopsisA strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of ''legal pluralism'' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.Table of Contents1. Why global law?; 2. Taking law to the world; 3. Seven species of global law; 4. The circuit of global law; 5. Intimations of global law; 6. Confronting global law.

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Book SynopsisThis edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of ''truth versus justice'' or ''stability versus accountability'' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvementsTrade Review"[This] book is a welcome contribution to the rapidly expanding field of transnational justice and to the menu of policy choice after gross violations of human rights." -- D.P. Forsythe, emeritus, University of Nebraska, Reviewing for Choice MagazineTable of ContentsPart I. Theoretical Framework: 1. The age of accountability: the rise of individual criminal accountability Kathryn Sikkink; 2. The amnesty controversy in international law Mark Freeman and Max Pensky; Part II. Comparative Case Studies: 3. Amnesties' challenge to the global accountability norm? Interpreting regional and international trends in amnesty enactment Louise Mallinder; 4. From amnesty to accountability: the ebbs and flows in the search for justice in Argentina Gabriel Pereira and Par Engstrom; 5. Barriers to justice: the Lley de Caducidad and impunity in Uruguay Francesca Lessa; 6. Resistance to change: Brazil's persistent amnesty and its alternatives for truth and justice Marcelo Torelly and Paulo Abrão; 7. De facto and de jure amnesty laws: the Central American case Naomi Roht-Arriaza and Emily Braid; 8. Creeks of justice: debating post-atrocity accountability in Rwanda and Uganda Phil Clark; 9. Accountability through conditional amnesty: the case of South Africa Antje du Bois-Pedain; 10. De facto amnesty? The example of post-Soeharto Indonesia Patrick Burgess; 11. A limited amnesty? Insights from Cambodia Ronald Slye; 12. The Spanish amnesty law of 1977 in comparative perspective: from a law for democracy to a law for impunity Paloma Aguilar; 13. Amnesty in the age of accountability Tricia D. Olsen, Leigh A. Payne and Andrew G. Reiter.

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Book SynopsisAcross the Americas and Europe, the family has changed and marriage is in retreat. To answer the question of what''s driving these changes and how they impact social and economic inequality, progressives have typically focused on the economic causes of changing family structures, whereas conservatives tend to stress cultural and policy roots. In this illuminating book, an international group of scholars revisit these issues, offering competing and contrasting perspectives from left, center, and right, while also adding a third layer of analysis: namely, the role of gender - changes in women''s roles, male employment patterns, and gendered family responsibilities - in driving family change across three continents. Unequal Family Lives: Causes and Consequences in Europe and the Americas adds richness and depth to our understanding of the relationship between family and economics in the United States, Europe, and Latin America. This title is also available as Open Access.Table of ContentsIntroduction Laurie F. DeRose, Naomi Cahn, June Carbone and W. Bradford Wilcox; Part I. The Increasingly Unequal Socioeconomic Character of Family Life: 1. Families unequal: socioeconomic gradients in family patterns across the US and Europe Marcia J. Carlson; 2. Family forms and social inequality in Latin America Albert Esteve and Elizabeth Flores Paredes; Part II. The Causes of Increasingly Diverging Family Structures: 3. How inequality drives family formation: the prima facie case Andrew J. Cherlin; 4. Universal or unique? Understanding diversity in partnership experiences across Europe Brienna Perelli-Harris; 5. Family structure and the decline of work for men in postwar America Nicholas Eberstadt; Part III. Consequences of Growing Divergence: 6. Single-mother families, mother's educational level, children's school outcomes: a study of 21 countries Anna Garriga and Paolo Berta; 7. Family structure and socioeconomic inequality of opportunity in Europe and the United States Diederik Boertien, Fabrizio Bernardi and Juho Härkönen; 8. Families and the wealth of nations: what does family structure have to do with growth around the globe? W. Bradford Wilcox and Joseph Price; Part IV. Bridging the Growing Family Divide: 9. Family policy, socioeconomic inequality and the gender revolution Fran Goldscheider and Sharon Sassler; 10. Where's the glue? Policies to close the family gap Richard V. Reeves; Part V. Commentary and Concluding Reflections: 11. The pathology of patriarchy and family inequalities Lynn Prince Cooke; 12. Concluding reflections: what does less marriage have to do with more family inequality? W. Bradford Wilcox; 13. Commentary/afterword/concluding thoughts on family change and economic inequality June Carbone and Naomi Cahn.

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Book SynopsisThe fast-growing last decade of strong economic growth of the Association of Southeast Asian Nations (ASEAN) has played a critical role in Asia-Pacific regionalism and global trade. This book explores the concept of ASEAN law under the normative framework of the new regional economic order. It examines the roadmap of the new ASEAN Economic Community Blueprint 2025 by evaluating the impact of ASEAN trade agreements on domestic legislation on professional services, financial integration, investment disputes and digital trade. More importantly, it sheds light on the legal implications of ASEAN''s agreements with China and India and the potential developments of mega-regional trade agreements such as the CPTPP and the RCEP. Hence, the legal analysis and case studies in the book offer a fresh view of Asia-Pacific integration and bridge the gap between academia and practice.Trade Review'This volume makes a valuable contribution to debates on regional and international economic integration at a time when both are under threat. The editors have assembled an outstanding list of legal experts from across Asia and beyond to reflect on ASEAN, exploring questions of global relevance in areas including digital trade, investment liberalization, and financial integration.' Tania Voon, University of Melbourne'Edited by two leading experts in international economic law and regional integration, this volume is an indispensable resource for anyone interested in understanding ASEAN's implications for regional governance, as well as its impact on the future of goods, services and investment regulations in the Asia-Pacific and beyond.' Markus Wagner, University of Wollongong and Executive Vice President, Society of International Economic LawTable of ContentsPart I. ASEAN Agreements in the Global Context: 1. ASEAN law in the new regional economic order: an introductory roadmap to the ASEAN Economic Community Pasha L. Hsieh and Bryan Mercurio; 2. The ASEAN Trade in Goods Agreement: the evolution and regional implications Minh Hue Nguyen, Deborah Elms and Lavanya N.; 3. Building towards the RCEP? Reflections on the ASEAN-China FTA Heng Wang; 4. The dispute settlement mechanism in ASEAN's external agreements with China, Japan and Korea Henry Gao; Part II. Services Trade and Financial Integration: 5. Moving towards liberalization: the ATISA and beyond Bryan Mercurio; 6. Challenges of ASEAN MRAs on professional qualifications Yoshifumi Fukunaga; 7. Banking integration in ASEAN and the challenges of regulatory cooperation Federico Lupo-Pasini; 8. The shifting sands of capital market development and integration in ASEAN: the case of the Phillipines and Indonesia Michelle Dy; 9. Transnational legal services in Asia: legal implications of the AEC and the CPTPP Pasha L. Hsieh; 10. ASEAN air transport integration and liberalization: a slow but practical model Jae Woon Lee; Part III. Investment Liberalization and Protection: 11. Investment liberalization in ASEAN: moving from myths to reality Sufian Jusoh; 12. The ACIA: much more than a bit of protection for foreign investors? Julien Chaisse; 13. Fragmented approaches to investor-state dispute settlement mechanism in intra-ASEAN and extra-ASEAN investment treaties Trinh Hai Yen; 14. Pro-development dispute resolution mechanisms and norms for investments and commercial disputes in ASEAN Yip Man; 15. The AEC and regulatory reforms in CLMV countries with a special focus on Myanmar Nimnual Piewthongngam; Part IV. Intellectual Property, Digital Trade and Consumer Protection: 16. Free movement of goods and intellectual property exhaustion in ASEAN: a roadblock in the ASEAN way Irene Caboli; 17. Legal and regulatory challenges to facilitating e-commerce in ASEAN Eliza Mik; 18. Data localization and digital trade barriers: ASEAN in mega-regionalism Han-Wei Liu; 19. Consumer contracts and product safety law in Southeast Asia: partly trading up? Luke Nottage and Jeannie Paterson; 20. Conclusion: realizing the AEC Blueprint 2025 Pasha L. Hsieh and Bryan Mercurio.

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Book SynopsisProperty Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets to intellectual property, data, and digital assets. This is the first scholarly book offering a detailed study of legal strategies that can decrease the gap between the domestic tenets of property law and the cross-border nature of markets, interpersonal networks, and technology. It shows how strategies of soft law, conflict of laws, approximation, and supranationalism rely to various degrees on cross-border property norms and institutions, and studies the proprietary features of security interests and priorities to assets in insolvency in a global setting. It also shows how digital technology such as blockchain can revolutionize the system of cross-border property rights.Table of ContentsIntroduction; 1. Why property law needs globalization strategies; 2. Local to global: an institutional analysis; 3. Land; 4. Tangible goods, monetary claims, investment securities; 5. Intellectual property, data, and digital assets; 6. Security interests and proprietary priorities in insolvency.

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Book SynopsisThis innovative book sets itself at the crossroads of several rapidly developing areas of research in legal and global studies related to social computing, specifically in the context of how public emergency responders appropriate content on social media platforms for emergency and disaster management. The book - a collaboration between computer scientists, ethicists, legal scholars and practitioners - should be read by anyone concerned with the ongoing debate over the corporatization and commodification of user-generated content on social media and the extent to which this content can be legally and ethically harnessed for emergency and disaster management. The collaboration was made possible by EU''s FP 7 Project Slandail (# 607691, 201417).Table of Contents1. Introduction; 1.1. A note on terminology; 1.2. Security, privacy, and dignity during an emergency; 1.3. Our contribution: disasters, technology, law and ethics; 1.4. Structure of the book; 2. Social computing systems and ethical considerations; 2.1. Introduction; 2.2. Key ethical challenges posed by social computing systems; 2.3. Technology mediated protection of data and persons; 2.4. Conclusion; 3. Internet laws; 3.1. Introduction; 3.2. Internet governance systems: self-regulation, technical regulation and governmental regulation; 3.3. Ownership of personal data harvested from social computing systems; 3.4. Protection for monitoring and harvesting information on social media; 3.5. Summary findings; 4. Copyright law and data protection law; 4.1. Introduction; 4.2. EU copyright directives and German copyright law; 4.3. The ontology of copyright; 4.4. Copyright and exceptional circumstances: disaster management; 4.5. Exceptions and limitations; 4.6. Summary; 5. EU human rights framework; 5.1. Introduction; 5.2. Approach; 5.3. Disaster management and human rights; 5.4. EU fundamental rights framework and disaster management; 5.5. Conclusion; 6. Conclusion: legally using social computing streams and privacy protection; 6.1. Introduction; 6.2. Social computing analysis in exceptional circumstances; 6.3. Checklist of legal issues; 6.4. Risk analysis; 6.5. Conclusion.

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Book SynopsisIt is a settled rule of international law that a State may not rely on the provisions of its ''internal law'' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State''s inclination to retain full sovereignty seems to act as an unbreakable ''counter-limit'' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.Table of Contents1. Introduction Fulvio Maria Palombino; 2. Brasil Paula Almeida; 3. Canada Stéphane Beaulac; 4. China Pierfrancesco Rossi; 5. France Raphaële Rivier; 6. Germany Niels Petersen; 7. Greece Mariela Apostolaki and Antonios Tzanakopoulos; 8. India Vinai Singh; 9. Indonesia Simon Butt; 10. Israel Yuval Shany; 11. Italy Daniele Amoroso; 12. Japan Hajime Yamamoto and Yota Negishi; 13. Mexico Francisca Pou Giménez and Alejandro Rodiles; 14. Netherlands André Nollkaemper and Rosanne van Alebeek; 15. Nigeria Babafemi Akinrinade; 16. Russia Maria Smirnova; 17. South Africa Hannah Woolaver; 18. Turkey Ikboljon Qoraboyev and Emre Turkut; 19. United Kingdom Eirik Bjorge and Ewan Smith; 20. United States David Sloss; 21. Conclusions Fulvio Maria Palombino.

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Book SynopsisThe threat of personal harm and destruction from terrorist attacks is nowhere near as great as in Arab nations. However, are counter-terrorism laws in the Arab world formulated and enforced to protect or oppress? Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World examines the relationship between Western influence and counter-terrorism law, focusing on the Arab world, which is, on the one hand, a hostile producer of terrorist organizations, and on the other, a leader in countering ''terrorism''. With case studies of Egypt and Tunisia, Alzubairi traces the colonial roots of the use of coercion and extra-legal measures to protect the ruling order, which are now justified in both the West and the Arab world in the name of counter-terrorism. Colonialism, Neo-Colonialism, and Anti-Terrorism Law in the Arab World provides important lessons for counter-terrorism, not just in these countries but also elsewhere in the world.Trade Review'An excellent examination of the neglected but vital subject of counter-terrorism in the Arab world and an essential text in the field of comparative counter-terrorism. A must read for all those interested in understanding the effects of both counter-terrorism and colonialism in both Egypt and Tunisia.' Kent Roach, Prichard Wilson Chair in Law and Public Policy, University of Toronto, author of Comparative Counter-Terrorism'This is an extremely timely and cogent investigation into the origins, development and current deployment of counter-terrorism law and policy in Egypt and Tunisia. The application of colonial and neo-colonial lenses to Arab states' counter-terrorism legislation underlies a compelling account of the ways in which these current laws and practices fit into today's global power dynamics.' Lynn Welchman, School of Oriental and African Studies, University of London'Overall, Alzubairi's study is certainly a remarkable scholarly work that adds crucial value to our knowledge of the genesis and genealogy of antiterrorism and counterterrorism in the Global South and the Arabic Middle East … which represents a premium contribution to the body of literature in the fields of terrorism and Middle Eastern studies.' Ahmed M. Abozaid, Terrorism & Political ViolenceTable of ContentsIntroduction; 1. On imperialism, colonialism and neo-colonialism; 2. Terrorism and counter-terrorism at the international level: a challenge in the post-colonial world; 3. Terrorism and counter-terrorism in the Arab world; 4. The Colonial and neo-colonial experience in Egypt; 5. Counter-terrorism in Egypt; 6. The colonial and neo-colonial experience in Tunisia; 7. Counter-terrorism in Tunisia; Conclusions.

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Book SynopsisThis book explains the functioning of shared competences in environmental protection by focusing on member states'' interaction with the EU framework. By studying this interaction, Squintani reveals room for improving the level of environmental protection, legal certainty, and efficiency of the system for environmental protection envisaged under the EU Treaties. Accordingly, this book makes a contribution to EU environmental law and policy, but also should be of interest to constitutional lawyers more generally and to scholars working in any field of EU policy and law in which minimum harmonisation is used. Thanks to its focus and clear, accessible prose, this book is also valuable additional reading material for environmental law courses, and to those involved in decision-making in the EU.Table of ContentsIntroduction: minimum harmonisation in European environmental law; 1. Gold-plating: a misleading overarching concept; 2. Green-plating and environmental protection; 3. Green-plating and legal certainty; 4. Green-plating and economic development; Conclusions: proceduralising member states' choice regarding green-plating.

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Book SynopsisCountries around the world are facing pressing needs to enhance financial planning mechanisms for individuals with cognitive impairment. The book provides the first comparative study of the three most common of such mechanisms in Asia and the West, namely guardianship, enduring/lasting powers of attorney, and special needs trusts. It involves not only scholarly overviews of the mechanisms in the jurisdictions studied, but also thorough, structured and critical reviews of their operational experiences. This book will have broad appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law. It is widely recognised in the field that books like this one are needed. This book will also be of interest to undergraduate and graduate students in mental health, disability law and elder law.Table of ContentsPart I. Adult Guardianship: 1. Adult guardianship and other financial planning mechanisms for people with cognitive impairment in Australia Terry Carney; 2. The role of guardianship in the special needs plan in Saskatchewan, Canada James H. Gillis; 3. Japanese adult guardianship laws: developments and reform initiatives Makoto Arai; 4. The use of trusts in Taiwan's adult guardianship system Tai Yu-Zu; Part II. Lasting/Enduring Power of Attorney: 5. Adult guardianship and powers of attorney in England and Wales Denzil Lush; 6. Supported decision-making and enduring powers: innovations in Ireland Áine Hynes; 7. Developments in enduring powers of attorney law in Australia Trevor Ryan; 8. Financial planning mechanisms available to persons with special needs in Singapore Tang Hang Wu; Part III. Special Needs Trust: 9. What will happen when I'm gone? Dana Katherine Birkes; 10. The Wispact Trusts: making a difference in a means-tested support system Roy Froemming; 11. SNTC's operational experience as Singapore's first non-profit trust company Esther Tan and Amelia Leo; 12. A new perspective in adult guardianship and trusts in Korea Cheolung Je; 13. Reforming enduring powers and launching a special needs trust in Hong Kong Lusina Ho and Rebecca Lee.

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Book SynopsisIn recent years, the number of conflicts related to the misuse of street art and graffiti has been on the rise around the world. Some cases involve claims of misappropriation related to corporate advertising campaigns, while others entail the destruction or ''surgical'' removal of street art from the walls on which they were created. In this work, Enrico Bonadio brings together a group of experts to provide the first comprehensive analysis of issues related to copyright in street art and graffiti. Chapter authors shed light not only on the legal tools available in thirteen key jurisdictions for street and graffiti artists to object to unauthorized exploitations and unwanted treatments of their works, but also offer policy and sociological insights designed to spur further debate on whether and to what extent the street art and graffiti subcultures can benefit from copyright and moral rights protection.Trade Review'This book paints a rich picture of the meeting of street art and copyright law. It explores social norms within the subversive artistic community and the friction with external players. The chapters offer an eye-opening tour of urban spaces, and uncover the social and legal layers behind the city's biting art.' Michael Birnhack, University of Tel Aviv'With the explosion of street art emerging on the walls of our cities and circulating through our social media feeds, this book is a timely and informative examination of the copyright law and policy issues that street art and graffiti generate, and the diverse interests that they impact.' Jani McCutcheon, University of Western Australia'From Banksy to Hosier Lane to legal disputes involving 5Pointz and H&M, this timely volume tackles challenging copyright and related questions concerning street art and graffiti. The collected essays feature authors with diverse geographical and disciplinary backgrounds. Whether you are a street art aficionado, student in fine art or commentator on copyright law, this book will provoke you to rethink the legal treatment of unconventional forms of cultural heritage.' Peter K. Yu, Director, Center for Law and Intellectual Property, Texas A & M University'Street art and the law have danced many a pas de deux over the past few decades. Now, with The Cambridge Handbook of Copyright in Street Art and Graffiti, Enrico Bonadio and his contributors reveal the next step in this dance: the interplay of street art and copyright law. As street art and graffiti increasingly cross over into the worlds of commerce and popular culture, complex issues of ownership, authenticity, and copyright arise - and with them, the scholarly importance of this book. Sweeping across courts, countries, and continents, this book choreographs a critical, comparative understanding of street art's contemporary legal milieu.' Jeff Ferrell, author of Crimes of Style: Urban Graffiti and the Politics of Criminality'What an amazing and highly original collection of works by Enrico Bonadio and his impressive cast of collaborators ranging from graffiti artists and lawyers to academics. This book should be read by everybody with an interest in the theory and practice of art, copyright, creativity, and comparative law.' Uma Suthersanen, Chair in International Intellectual Property Law, Queen Mary University of London'Enrico Bonadio brings together a host of academic opinions on graffiti and street art, specifically the copyright and moral rights issues which have reared their heads since the early 2000s, creating a handbook which is enjoyable, comprehensive, and varied enough to maintain the reader's interest throughout.' Aislinn O'Connell, European Intellectual Property Review'The diverse group of legal experts … and art scholars … assembled present a broad spectrum of viewpoints on the intellectual property rights merited by street art and graffiti … The book is provocative and authoritative.' L. C. Duhon, ChoiceTable of ContentsPart I. Creativity in the Street Between Misappropriation and Destruction: The Role of Copyright and Moral Rights; Section 1. A Sociological Perspective: 1. A set of premises for the scrutiny and interpretation of graffiti and street art Heitor Alvelos; 2. Graffiti and street art: creative practices amid 'corporatization' and 'corporate appropriation' Ronald Kramer; 3. Decontextualisation of street art Peter Bengtsen; Section 2. Some Preliminary Legal and Policy Issues: 4. Copyright protection of illegal street and graffiti artworks Paula Westenberger; 5. Conservation of street art, moral right of integrity and a web of conflicting interests Enrico Bonadio; 6. Works and walls: graffiti writing and street art at the intersection of copyright and land law Marta Iljadica; Part II. National Legal Analysis: Section 1. Americas: 7. Street art, graffiti and copyright: a US perspective Enrico Bonadio; 8. Graffiti, street art, walls, and the public in Canadian copyright law Pascale Chapdeleine; 9. Copyright protection for graffiti and street art: a Colombian perspective Marcela Palacio Puerta; Section 2. Europe: 10. Street art, graffiti and copyright: a UK law perspective Enrico Bonadio; 11. Graffiti, street art and copyright in France Shane Burke; 12. Germany Marc Mimler; 13. Copyright in street art and graffiti: an Italian perspective Enrico Bonadio and Gilberto Cavagna Di Gualdana; 14. Copyright in street art and graffiti in The Netherlands Anke Moerland and Stéphanie De Potte; 15. Copyright protection of street art and graffiti in Greece: intellectual property and personal property in conflict? Stavroula Karapapa; Section 3. Africa, Asia and Australasia: 16. Graffiti and street art under South African copyright law Tobias Schonwetter and Bram Van Wiele; 17. Street art, graffiti, and Indian copyright law Nandita Saikia; 18. Copyright in street art and graffiti: an Australian perspective Mark Davidson; 19. Copyright, graffiti, and street art in Aotearoa New Zealand Jonathan Barrett; Epilogue. A contrasting opinion: 20. Copyright skepticism and street art: a contrasting opinion Andrea Baldini.

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Book SynopsisHow is international criminal law adapted across time and space? Which actors are involved and how do those actors seek to prosecute atrocity crimes? States in Southeast Asia exhibit a range of adapted approaches toward prosecuting international crimes. By examining engagement with international criminal justice especially in Cambodia, the Philippines, Indonesia, and Myanmar, this book offers a fresh and comprehensive approach to the study of international criminal law in the region. It nuances categories of the ''global'' and ''local'' and demonstrates how norms can be adapted in multiple spatial and temporal directions beyond the International Criminal Court. It proposes a shift in the focus of those interested in international criminal justice toward recognising the opportunities and expertise presented by existing adaptive responses to international crimes. This book will appeal to scholars, practitioners and advocates interested in international criminal law, international relations, transitional justice, civil society, and law in Southeast Asia.Trade Review'At a time when support for the ICC has waned in regions where it was once strong, Emma Palmer explores the impact of international criminal justice in a region which has the world’s lowest rate of Rome Statute ratifications. Just as the conviction of Habre in Dakar, and the removal and prosecution of Bashir in Khartoum, gives us hope for justice outside The Hague, Palmer’s excellent in-depth research of four countries resistant to the formal global system shows that international norms are being adapted and having a protective impact at the local level.' Stephen Rapp, former US Ambassador for global criminal justice, and international prosecutor for Rwanda and Sierra Leone'Despite the fact that international criminal justice instruments are not popular in Southeast Asia, this book has argued convincingly that the region’s state engagement with international standards has been done and evolved beyond signatory and ratification. Ms Palmer's deep understanding of Southeast Asia context has guided us to understand the dynamics process of adapting international criminal justice at the domestic level, which often deals with the discourses related to sovereignty, development, human rights and the rule of law, and the promotion of peace and stability. This book is not only important and needed for the region's debates but also timely!. I would like to thank Ms Palmer for writing this topic and strongly recommend this book to those who are working and interested in the global-local relationship between the states of Southeast Asia and international criminal law.' Yuyun Wahyuningrum, Representative of Indonesia to the ASEAN Intergovernmental Commission on Human Rights (AICHR) (2019-2021)‘Emma Palmer makes a fresh and welcome contribution to our understanding of the dynamics of international criminal justice in the Asia-Pacific and the way that this has been adapted to local contexts. Her application of an adapted 'localisation theory' to four Southeast Asian examples - Cambodia, Indonesia, the Philippines and Myanmar - is sensitive and insightful, yet challenging and thought-provoking.' Suzannah Linton, Professor of International Law‘Emma Palmer has invested enormous time and effort in the region of Southeast Asian to engage with and to understand approaches to international criminal justice in our part of the world. Her investment manifests in an authentic and insightful analysis of four case studies: Cambodia, the Philippines, Indonesia and Myanmar. This rich and nuanced comparative study is a wonderful contribution to the literature - in stark contrast to overly-simplistic and much less granular analyses.’ Tim McCormack, Dean of the University of Tasmania Law School and Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal‘Dr Palmer’s field work is as impressive as it is comprehensive, resulting in exceptionally interesting information and insightful analysis. I highly recommend Adapting International Criminal Justice in Southeast Asia ...’ Michael G. Karnavas, International Criminal LawTable of Contents1. Localising International Criminal Justice in Southeast Asia; 2. Engaging with International Criminal Law alongside an Internationalised Tribunal: Cambodia; 3. Implementing International Criminal Accountability in the Philippines; 4. Engaging with International Criminal Law as a Non-State Party: Indonesia; 5. International Criminal Justice in “Transition” – Myanmar; 6. Adapting International Criminal Justice in Southeast Asia; Appendix A. Table of Ratifications; Appendix B. Table of Interviews; Appendix C. Southeast Asia: Domestic Legislation, Bills and Regulations and Sources; List of references; Index.

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Book SynopsisThe Supreme Court of India is a powerful institution at the forefront of public attention in India. It is often engaged in a bitter duel with the government on issues as diverse as the administration of cricket in India to whether liquor shops are allowed on highways. Despite such public prominence, very little attention has been paid to who the judges of the Supreme Court are, how they are appointed, transferred and removed, and what they do after retirement. This book provides an account of these four facets of judicial functioning and analyses the processes in operation today. It argues that each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability, or both. Its main argument is that both judicial independence and accountability are necessary for ''an effective judiciary'', and these two values are not in conflict with each other as is commonly assumed.Table of ContentsAcknowledgements; Table of abbreviations; Table of cases; Table of statutes; 1. Introduction; Part I. The Indian Experience: 2. Pre-tenure questions: appointments to the higher judiciary; 3. In-tenure questions: mechanisms for judicial discipline; 4. Post-tenure questions: post-retirement appointments of judges by government; Part II. A Conceptual Analysis: 5. Judicial accountability; 6. Judicial independence; 7. In search of an effective judiciary: a doctrinal reconciliation of judicial independence and accountability; Part III. Typing the Strands: 8. Harmonising judicial independence and judicial accountability in India; 9. Conclusion: a reform proposal for the Indian higher judiciary; Epilogue: the moment the judiciary came out; Appendix: post-retirement employment of judges in government appointed positions; Bibliography; Index.

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Book SynopsisThis volume is for academics, lawyers, and policymakers seeking to understand some of the biggest lawsuits across the world. Contributing authors describe and assess class action procedure (or its equivalent) in nearly two dozen countries, provide empirical data on how regions are implementing the procedure, and make recommendations for reform.Trade Review'The Cambridge Handbook of Class Actions: An International Survey is distinctive in collecting within a single volume penetrating analyses of developments around the globe bearing on the conduct of class actions and their analogs. This collection is not just a valuable research source, it is a story of how diverse legal cultures have traveled toward a common goal: the efficient and trustworthy resolution of mass claims.' James D. Cox, Brainerd Currie Professor of Law, Duke University'Countries around the world have come to realize that some mechanism for aggregating the similar claims of multiple litigants is crucial for access to justice. Fitzpatrick and Thomas have put together an essential collection of materials on global experimentation - including the US experience - that addresses both the promise and the challenge of finding the right policy balance.' Donald Langevoort, Thomas Aquinas Reynolds Professor of Law, Georgetown Law'This volume analyzing the development of methods to aggregate cases in courts is itself an impressive aggregation of jurisdictions and perspectives that permits readers to understand the need for the use of class actions and the challenges that multi-party, group-based actions entail.' Judith Resnik, Arthur Liman Professor of Law, Yale Law SchoolTable of Contents1. The U.S. Class Action from a Utilitarian Perspective: Balancing Social Benefits and Social Costs Robert G. Bone; 2. Civil Rights, Access to Counsel, and Injunctive Class Actions in the United States Maureen Carroll; 3. Class Action Nuisance Suits: Evidence from Frequent Filer Shareholder Plaintiffs Sean J. Griffith; 4. The Future of Aggregate Litigation in the United States Robert Klonoff; 5. Mandatory Arbitration of Intra-Corporate Disputes in Brazil: A Beacon of Light for Shareholder Litigation? Patricia Gil Lemstra and Joseph A. McCahery; 6. Cold Facts from the Great White North: Empirical Truths, Contemporary Challenges and Class Action Reform Jasminka Kalajdzic and Catherine Piché; 7. Class Action in Brazil: Overview, Current Trends and Case Studies Carlos Portugal Gouvêa and Helena Campos Refosco; 8. English Systems of Multi-Party Litigation Neil Andrews; 9. Class Actions in Switzerland Beat Bräendli; 10. Class Actions in Belgium Hans De Wulf; 11. The New Italian Regulation on Class Actions Paolo Giudici and Beatrice Zuffi; 12. Collective Litigation in German Civil Procedure Axel Halfmeier; 13. Class Action à la Française Maria José Azar-Baud and Véronique Magnier; 14. The Solid Dutch Mechanisms for Collective Settlement C.F. Van der Elst and W.C.T. Weterings; 15. The Emergence and Reform of the New Zealand Class Action Nikki Chamberlain and Susan Watson; 16. Representative Proceedings in Singapore: Is the Time Ripe for Reform? Eunice Chua; 17. Class Action in China: Challenges and Opportunities Robin Hui Huang; 18. Class Actions in Australia Michael Legg and Samuel J. Hickey; 19. Empirical and Practical Perspectives on 27 Years of Product Liability Class Actions in Australia Julian Schimmel, Maurice Blackburn Lawyers, Nina Abbey and Vincent Morabito; 20. Securities Class Actions in Korea Hai Jin Park and Hyeok-Joon Rho; 21. A Review of the Current Status of, and Future Issues Facing, Consumer Class Action Systems in Japan Taeko Morita, Daisuke Eguchi, Nishimura and Asahi; 22. The Indian Securities Fraud Class Action: Is Class Arbitration the Answer? Brian T. Fitzpatrick and Randall Thomas; 23. Class Actions in South Africa: A Need for Certainty Theo Broodryk; 24. Class Actions and the Regulatory State – Lessons from Israel Shay Lavie; 25. The Israeli Public Class Action Fund: New Approach for Intergrating Business and Social Responsibility Eli Bukspan.

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Book SynopsisA unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.Trade Review'The most valuable feature of this excellent work is that it will be a very efficient and reliable source of information for lawyers coming from jurisdictions having different laws and practices on topics of great importance in the contemporary world of international arbitration. This will be a notable contribution to further development of this way of dispute settlement.' Professor Alexander S. Komarov, Member of the Presidium of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation'This valuable new sourcebook provides a detailed look at the zones of intersection between state courts and arbitration including conflicts of interest, arbitrator misconduct, and the enforcement of arbitration agreements and awards. A notable feature of the book is the country reports on judicial control of arbitration in 15 major jurisdictions. The book will prove to be a useful reference for practitioners and a source of rich insights for students and scholars of comparative international law. I highly recommend it.' Dr. Michael Moser, Twenty Essex Chambers, Past Chairman, Hong Kong International Arbitration Centre'The intersection between arbitration and courts is at a procedural crossroad that is critically relevant in both theory and practice. The analyses collected in this book offer a unique and invaluable guidance to those who find themselves at this intersection.' Tibor Várady, Emeritus Professor Emory University and Emeritus Professor Central European University'… the book is an interesting and enlightening collection of essays and will be of value to practitioners, scholars, and students looking for specific guidance on discrete issues as well as a broad overview of the international arbitration universe.' Michail Risvas, Journal of World Investment & TradeTable of ContentsPart I. Vacating Commercial Arbitration Awards: 1. Introduction: Intersection of courts and arbitration Marta Infantino, Nathalie Potin and Larry A. Dimatteo; 2. Independence and impartiality of arbitrators Carlos Matheus López; 3. Exploring the parameters of conflicts of interest Nathalie Potin and Tunde Ogunseitan; 4. Procedural irregularities and misconduct during proceedings Alexander Belohlavek; Part II. Enforcing Commercial Arbitration Awards: 5. Inter-arbitration association conflict Richard Happ; 6. Requirements for enforceability Daìrio Manuel Lentz De Moura Vicente; Part III. Scope and Interpretation of Arbitration Clauses: 7. Judicial interpretation of standard clauses Rocio Digon and Tony Cole; 8. Industry-specific clauses and their interpretation Alexandra-Luiza Ionescu (Mareș); 9. Drafting, interpretation, and enforcement of arbitration clauses: a practitioner's perspective Philippe Cavalieros; Part IV. Judicial Control over Arbitral Awards: Country Reports: 10. Judicial control of arbitral awards in Argentina Maria Beatriz Burghetto; 11. Judicial control of arbitral awards in Australia Luke Nottage, Nobumichi Teramura and Jim Morrison; 12. Judicial control of arbitral awards in Bulgaria Oleg Temnikov; 13. Judicial control of arbitral awards in China Lei Chen and Wang Hao; 14. Judicial control of arbitral awards in France Denis Bensaude; 15. Judicial control of arbitral awards in Germany Joseph Schwartz; 16. Judicial control of arbitral awards in Italy Marta Infantino; 17 Judicial control of arbitral awards in Nigeria Tunde Ogunseitan and Nathalie Potin; 18. Judicial control of arbitral awards in Poland Jerzy Pisuliński and Piotr Tereszkiewicz; 19. Judicial control of arbitral awards in the Russian Federation Dmitry Dozhdzev; 20. Judicial control of arbitral awards in Spain Teresa Rodriguez De Las Heras Ballell; 21. Judicial control of arbitral awards in Switzerland Phillip Landolt; 22. Judicial control of arbitral awards in Ukraine Galyna Mykhailiuk; 23. Judicial control of arbitral awards in United Kingdom Andrew Tetley; 24. Judicial control of arbitral awards in the United States Larry A. Dimatteo; Part V. Summary and Findings: 25. Divergence, themes, and trends in national arbitration laws Nathalie Potin, Marta Infantino and Larry A. Dimatteo; 26. Shared control system over arbitral proceedings Friedrich Rosenfeld.

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Book SynopsisJudges often behave in surprising ways when they re-interpret laws and constitutions. Contrary to existing expectations, judges regularly abandon their own established interpretations in favor of new understandings. In Reconstructing Rights, Stephan Stohler offers a new theory of judicial behavior which demonstrates that judges do not act alone. Instead, Stohler shows that judges work in a deliberative fashion with aligned partisans in the elected branches to articulate evolving interpretations of major statutes and constitutions. Reconstructing Rights draws on legislative debates, legal briefs, and hundreds of judicial opinions issued from high courts in India, South Africa, and the United States in the area of discrimination and affirmative action. These materials demonstrate judges'' willingness to provide interpretative leadership. But they also demonstrate how judges relinquish their leadership roles when their aligned counterparts disagree. This pattern of behavior indicates thaTrade Review'… Stohler provides a compelling argument for recognizing and understanding constitutional interpretation through the lens of deliberative partnerships. It is well-researched and well-written with a rich body of evidence that I strongly recommend for scholars and students in political science and law, particularly those concerned with questions of interbranch relationships, constitutional interpretation, and comparative studies.' Allyson C. Yankle, Law and Politics Book ReviewTable of ContentsPart I. Introduction: 1. The politics of legal interpretation; Part II. United States of America: 2. Equality rights in American education and public spending; 3. Equality rights in American employment; 4. Equality rights in American representation; Part III. India: 5. Equality rights in Indian employment; 6. Equality rights in Indian education; Part IV. South Africa: 7. Equality rights in South Africa; Part V. Conclusion: 8. Conclusion; Bibliography; Index.

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Book SynopsisThis is the first book to provide a comparative and critical analysis of why and how six corporate mechanisms - (1) sustainability reporting; (2) board gender diversity; (3) constituency directors; (4) stewardship codes; (5) directors'' duty to act in the company''s best interests; and (6) liability on companies, shareholders and directors - have been or can be used to promote sustainability in the four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia). A central challenge is, whether and if so, how the corporate mechanisms should be reconceptualised to promote sustainability in an environment that is characterised by controlling shareholders, particularly the government in state-owned enterprises. Because controlling shareholders are the norm for the majority of the world''s companies, and state-owned enterprises play a significant role, this book has important insights on the problems and prospects of advancing sustainability in concentrated and mixed ownership jurisdictions.Trade Review'Sustainability and Corporate Mechanisms in Asia is an important, erudite and accomplished work. It should be read by the very directors, C-suite executives, policy makers and leaders responsible for corporate social responsibility in the very companies which are the focus of his book. I recommend it without hesitation to anybody who has an interest or stake in corporations and sustainability in Asia. Because, as Lim has eloquently and persuasively argued throughout his book, there is not only a clear and positive correlation between sustainability and a company's financial performance, but because corporate sustainability 'is a morally good thing to do'.' Edmund Lee, Modern Law Review'Ernest Lim has written a uniquely important and informative book on sustainability in Asia. It sets out the case for sustainability and the way in which it can be effectively implemented with exceptional clarity and insight. It will be an invaluable guide for those interested in the principles, practices and policies that should guide the adoption of sustainability in Asia.' Colin Mayer, CBE, FBA, Peter Moores Professor of Management Studies, Saïd Business School, University of Oxford, and Academic Lead, British Academy Future of the Corporation Programme'In this important contribution, Professor Ernest Lim shifts the academic debate about corporate sustainability from a focus on corporate actors and their behavior to a focus on corporate governance and legal mechanisms. The book identifies six such mechanisms - sustainability reporting, board gender diversity, constituency directors, stewardship codes, director duties, and liability - and provides a comprehensive, clear, and cogent analysis of their use in Hong Kong, India, Malaysia, and Singapore. Professor Lim also draws broader lessons about these mechanisms for corporate governance, including the role of state-owned enterprises and controlling shareholders.' Frank Partnoy, Adrian A. Kragen Professor of Law, University of California, Berkeley School of Law'The obligations of businesses to play a leading role in addressing our global climate crisis are increasingly pressing. Yet the scope and contours of those obligations remain ill-defined. Professor Lim's careful and thorough work brings precious clarity. His work will be helpful and enlightening to scholars, business leaders, governments, and NGOs across Asia - and beyond.' Kent Greenfield, Dean's Distinguished Scholar, Boston College Law School'Professor Lim's highly original work adds important nuances to the ongoing debates through its convincing demonstration that the common law family is a far more heterogeneous group in respect of corporate sustainability than assumed by advocates of the 'legal origins matter' thesis … His rich and nuanced account of how these mechanisms have intertwined and interacted with broader institutional conditionalities in the four jurisdictions in addressing the sustainability question is solidly grounded in the comparative literature while revealing a distinctive Asian perspective. Importantly, the case studies offer fresh comparative insights with implications that go beyond the four surveyed jurisdictions.' Xi Chao, Journal of Comparative LawTable of Contents1. Introduction and overview; 2. Sustainability reporting; 3. Board gender diversity; 4. Constituency directors; 5. Stewardship codes; 6. Directors' duty to act in the best interests of the company; 7. Liability of companies, shareholders and directors; 8. Conclusion.

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Book SynopsisAs the only area of law that is still commonly termed ''Islamic law'', family law is one of the most sensitive and controversial legal areas in all Muslim-majority countries. Morocco and Jordan both issued new family codes in the 2000s, but there are a number of differences in the ways these two states engaged in reform. These include how the reform was carried out, the content of the new family codes, and the way the new laws are applied. Based on extensive fieldwork and rich in sources, this book examines why these two ostensibly similar semi-authoritarian regimes varied so significantly in their engagement with family law. Dörthe Engelcke demonstrates that the structure of the legal systems, shaped by colonial policies, had an effect on how reform processes were carried out as well as the content and the application of family law.Trade Review'With a highly engaging writing style, Dörthe Engelcke takes us into the heart of family law reform in Jordan and Morocco. She shows how these two seemingly similar monarchies faced similar problems at the same time and yet ended with very different results. The book blends the best of political science, law, and anthropology with incisive analysis and insights from extensive fieldwork.' Kristen Stilt, Harvard University, Massachusetts and author of Islamic Law in Action'Engelcke's comprehensive approach … shows that a different history marked by a distinct break with past foreign dominations - the Ottomans, French or British colonial rule - has shaped the current legal and judicial system … Engelcke's book is an important and most welcome contribution to the understanding of law making and reform processes in Arab monarchies as well as republics in the Middle East and North Africa.' Irene Schneider, University of Göttingen'Based on an award winning doctoral thesis, Reforming Family Law provides a remarkable insight into the mechanics and reasons for the relative successes and failures of the efforts to reform family law in Morocco and Jordan. Based on meticulous fieldwork in both countries, it sets out clearly and persuasively how and why Morocco was able to liberalise successfully its family code in 2004 when efforts to achieve the same in Jordan over the same period fell short despite the two countries having so much in common. Engelcke deftly explores and explains the various factors that influenced the process in the two states producing a study that makes not only a major contribution to the study of legal reform in the Arab world but also offers valuable perspectives on gender, society, governance and politics in the region.' Michael Willis, University of Oxford'Even a casual reader will be impressed by the depth of the research and the breadth of the expertise on display in this book. But a careful reader will be even more profoundly rewarded. Engelcke provides a model of how to study family law, carefully examining the text without ever losing sight of the political and historical context. In understanding the diverse ways laws work - and how they might be changed - she shows how we need to integrate our understanding of what the law says with the surprising complexities of how it developed over time and who is deploying it today.' Nathan Brown, George Washington University'Reforming Family Law will be a great resource to Middle East studies scholars. It is clear that the book is the result of meticulous research … And one of the strengths of the book comes from the semi-structured interviews with judges, clerks, and members of religious and civil government units, women's groups, and Islamist organizations that animate and challenge state narratives about family law reform. The book will prove generative in both undergraduate and graduate seminars on the Middle East and North Africa.' Eda Pepi, International Journal of Middle East StudiesTable of Contents1. Introduction; 2. Colonial legal legacies and state-building; 3. The contemporary legal systems; 4. The impact of international law; 5. The process of family law reform in Jordan; 6. The process of family law reform in Morocco; 7. Contested issues of Jordanian family law; 8. Contested issues of Moroccan family law; 9. The implementation of the 2004 law: the prevalence of multiple normativities; 10. Conclusion; Index.

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Book SynopsisThe advent of the CRISPR/Cas9 class of genome editing tools is transforming not just science and medicine, but also law. When the genome of germline cells is modified, the modifications could be inherited, with far-reaching effects in time and scale. Legal systems are struggling with keeping up with the CRISPR revolution and both lawyers and scientists are often confused about existing regulations. This book contains an analysis of the national regulatory framework in eighteen selected countries. Written by national legal experts, it includes all major players in bioengineering, plus an analysis of the emerging international standards and a discussion of how international human rights standards should inform national and international regulatory frameworks. The authors propose a set of principles for the regulation of germline engineering, based on international human rights law, that can be the foundation for regulating heritable gene editing both at the level of countries as well as Table of Contents1. Introduction Andrea Boggio,Cesare P. R. Romano and Jessica Almqvist; 2. The governance of human (germline) genome modification at the international and transnational level; Part I. North America: 3. The regulation of human germline genome modification in Canada Erika Kleiderman; 4. The regulation of human germline genome modification in the United States Kerry Lynn Macintosh; 5. The regulation of human germline genome modification in Mexico María de Jesús Medina Arellano; Part II. Europe: 6. The regulation of human germline genome modification in Europe Jessica Almqvist and Cesare P. R. Romano; 7. The regulation of human germline genome modification in the United Kingdom James Lawford Davies; 8. The regulation of human germline genome modification in Germany Timo Faltus; 9. The regulation of human germline genome modification in Belgium Guido Pennings; 10. The regulation of human germline genome modification in Sweden Santa Slokenberga and Heidi Carmen Howard; 11. The regulation of human germline genome modification in the Netherlands Britta van Beers, Charlotte de Kluiver and Rick Maas; 12. The regulation of human germline genome modification in Italy Ludovica Poli; 13. The regulation of human germline genome modification in Spain Iñigo de Miguel Beriain and Carlos María Romeo Casabona; 14. The regulation of human germline genome modification in France Alessandro Blasimme, Dorothée Caminiti and Effy Vayena; 15. The regulation of human germline genome modification in Switzerland Alessandro Blasimme, Dorothée Caminiti and Effy Vayena; Part III. Asia: 16. The regulation of human germline genome modification in Japan Tetsuya Ishii; 17. The regulation of human germline genome modification in The People's Republic of China Lingqiao Song and Rosario Isasi; 18. The regulation of human germline genome modification in The Republic of Korea Hannah Kim and Yann Joly; 19. The regulation of human germline genome modification in Singapore Calvin W. L. Ho; Part IV. Other OECD Countries: 20. The regulation of human germline genome modification in Australia Dianne Nicol; 21. The regulation of human germline genome modification in Israel Vardit Ravitsky and Gali Ben-Or; 22. Towards a human rights framework for the regulation of human germline genome modification Andrea Boggio, Cesare P. R. Romano and Jessica Almqvist.

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Book SynopsisThis is the first Western-language research monograph detailing significant developments in consumer law and policy across the Association of Southeast Asian Nations (ASEAN), underpinned by a growing middle class and implementation of the ASEAN Economic Community from 2016. Eight chapters examine consumer law topics within ASEAN member states (such as product safety and consumer contracts) and across them (financial and health services), as well as the interface with competition law and the nature of ASEAN as a unique and evolving international organisation. The authors include insights from extensive fieldwork, partly through consultancies for the ASEAN Secretariat, to provide a reliable, contextual and up-to-date analysis of consumer law and policy development across the region. The volume also draws on and contributes to theories of law and development in multiple fields, including comparative law, political economy and regional studies.Trade Review'Four leading Australian consumer law scholars have produced a book that provides valuable insights into the development of consumer law in the ASEAN region. They throw light on consumer law in under-researched jurisdictions and their reflections will help develop consumer policy in the region and deepen our understanding of consumer policy globally. Hopefully it will provide an impetus for further ASEAN initiatives.' Geraint Howells, Dean and Chair Professor of Commercial Law, City University of Hong Kong'[an excellent example of how comparative law] scholarship can incisively deconstruct unfamiliar legal systems and make them more accessible to a wider audience ... [that] clearly exposes and explains the challenges which each system faces on its own terms ... an admirable achievement.' The Hon T. F. Bathurst AC, Chief Justice Of New South Wales, reproduced with permission at: https://japaneselaw.sydney.edu.au/2019/11/guest-blog-launch-by-bathurst-cj-of-asian-law-books/Table of Contents1. Introduction: backdrop and overarching perspectives; 2. Theoretical perspectives on ASEAN and consumer law developments; 3. Product safety law: fragmented regulation and emergent product liability regimes; 4. Regulating consumer contracts in ASEAN: variation and change; 5. Consumer financial services: what role for ASEAN?; 6. Professional health services: ASEAN's trade liberalisation agenda; 7. Integration with competition policies, laws and institutions: opportunities for ASEAN consumer protection; 8. Key reflections and future directions.

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Book SynopsisThis wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded. It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions. It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.Trade Review'An important and original contribution to administrative law and comparative government in a simple and very clear style.' Susan Rose-Ackerman, Henry R. Luce Professor of Jurisprudence, Yale Law School and Yale Department of Political Science'Cane's greatest achievement in this book is his demonstration of extraordinary 'fluency' in the subtleties of the English, US and Australian systems of administrative law and governance. He is at his absolute best in comparative legal analysis, informed by a strong sense of the historical development of the administrative state in each country.' Peter L. Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law and Director, International Programs, School of Law, University of Connecticut'The book - which presents an extensive and detailed study - seeks to demonstrate the core thesis by discussion of the control regimes in three systems of government: Australia, the UK, and the US General historical accounts of the systems of government in each of these jurisdictions are set out, before the book goes on to look at various aspects of the control regimes (each of the chapters can be read as a free-standing work). The closing chapter offers some methodological reflections that arose from the author's experience of the project.' Joe Tomlinson, I-CONnect'Peter Cane's book forces one to think hard about the relationship of political structure and legal doctrine, and the lessons that can be learned in relation to comparative administrative law. It is an important issue, especially because 'this view of the cathedral' has been relatively neglected in scholarly debate. He has brought considerable scholarship to this field. It will generate further debate about his central thesis, as well as stimulating further work of this genre.' Paul Craig, Oxford Journal of Legal StudiesTable of Contents1. Introduction: concepts and methodology; 2. The English system of government; 3. The US system of government; 4. The Australian system of government; 5. The development and institutional structure of control regimes; 6. Administrative interpretation; 7. Administrative fact-finding and policy-making; 8. Administrative rule-making; 9. Administrative adjudication; 10. Private law controls; 11. Controlling information; 12. The new public management; 13. Controlling the controllers; 14. Concluding reflections on methodology and themes.

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Book SynopsisFamilies and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.Trade Review'A stimulating collection of scholarly essays, exploring the key current family law issues in a range of jurisdictions and highlighting a variety of common underlying themes influencing contemporary family law systems. An excellent source for comparative thought about family law.' Stephen Gilmore, King's College London'This rich collection of essays challenges readers to think about the lens through which they view family law, and the even more fundamental question of how we determine what the law is. Each contributor focuses on the issues that are most salient within their particular jurisdiction or area, and adopts a different framework for analysing the issues, from constitutionalism to religious laws. This approach lays bare the assumptions that may be taken for granted within any given jurisdiction, and enables a deeper comparison to be undertaken.' Rebecca Probert, University of Exeter'A fascinating and wide-ranging tour of current developments, debates, and dilemmas in family law around the globe. What an intriguing premise: Ask leading scholars in select jurisdictions to identify the crucial issues and recurrent themes in family law in their respective countries today. The sum is even greater than the parts, as the comparative dimension elevates this volume above more insular examinations of contemporary family law in just one country. Anyone who wants a broad and well-informed understanding of family law in the modern world, including how it operates in practice as well as how it is evolving on the books, should read this volume cover to cover.' James G. Dwyer, College of William and Mary, VirginiaTable of ContentsIntroduction; 1. Contemporary issues in family law in England and Wales Rosemary Hunter; 2. Family law in the United States Theresa Glennon; 3. Human rights in the family law context Bettina Heiderhoff; 4. Australian family property law: just and equitable' outcomes? Belinda Fehlberg and Lisa Sarmas; 5. Towards the constitutionalization of family law in Latin America Nicolás Espejo and Fabiola Lathrop; 6. The nuclear norm and the free-form family – irreconcilable paths in Swedish family law? Pernilla Leviner; 7. South African family law and the chimera of diversity Anne Louw; 8. The post-divorce child support system in China: past, present and future Lei Shi; 9. The problem with personal law Farrah Ahmed; 10. The post-colonial fallacy of 'Islamic' family law Abdullahi Ahmed An-Na'im.

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Book SynopsisIn 2015 the OECD released its roadmap to address Base Erosion and Profit Shifting. The global tax reform package, with 15 Actions, is designed to equip countries with the tools they need to ensure profits are taxed where economic activity occurs and value is added. This volume is a comprehensive stock-take of the BEPS implementation that looks beyond a mere checklist of action or non-action to explore the experiences of 18 different jurisdictions. It highlights the different approaches taken by capital importing and capital exporting regions, developed and developing countres, OECD and non-OECD members and well as G20 and non-G20 members. Expert authors from Australia, Canada, China, Hong Kong SAR, India, Indonesia, Japan, Korea, Malaysia, the Netherlands, New Zealand, Nigeria, Singapore, South Africa, Thailand, the United Kingdom, the United States, and Vietnam have contributed chapters to this volume. Each provides the 'must-know' answers to questions that all stakeholders in the tax system are asking in relation to the domestic implementaiton of the largest reform of international tax the world has seen in a century.

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