International law Books

Book SynopsisThis book examines the concept of naming, blaming, claiming' in the application of arbitration for private banking dispute resolution. The author focuses on examining this issue using Hong Kong as a case in point, blending theory and empirical evidence to unveil how disputes are resolved within the banking and finance industry, which will enable them to explore possible effective and efficient mechanisms to resolve financial disputes. The book offers a comprehensive review of the laws and regulations governing the private banking industry in Hong Kong and selected jurisdictions, as well as how they are implemented. It examines the clients' perceptions through an innovative methodology for empirical studies. Describing how clients react to the laws and regulations and the potential adverse impacts to the stability of the banking industry, the author identifies possible factors that could trigger another financial crisis. Synthesising his analysis, the author proposes newly disTable of ContentsList of Tables, Table of Cases, Preface, Acknowledgements, List of Abbreviations, Chapter 1 – Introduction, Chapter 2 – Private Banking In Hong Kong, Chapter 3 – Arbitration and Dispute Resolution for Banks in Hong Kong, Chapter 4 – Unfolding The Clients’ Perspective: Knowledge Versus Experience, Chapter 5 – The Transformation of Disputes – Case Studies, Chapter 6 – The Self-Corrective Mechanism for Dispute "Elimination", References

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Book SynopsisChronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account of both Trump's efforts to erode democracy's essential elements and opposition to those efforts.This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Autocrats blur or breach the separation of powers, use executive orders to bypass the legislature, pack the courts, replace career prosecutors with political appointees, abuse the pardon power, and claim immunity from the law. They seek to hobble opposition from civil society by curtailing speech and assembly, tolerating and even encouraging vigilante violence, and attacking the media. As this book demonstrates, Trump followed the autocrat's playbook in many ways. He was a huckster of hate, aiming his vitriol at women and racial minorities and making attacks on immigrants the focus of his 2016 campaign, as well as his first Table of ContentsPreface viiAcronyms xDramatis Personae xii1 How Autocrats Use Power 12 The Politics of Resentment 83 Politicizing Criminal Justice 744 The Fate of Law 151References 174Index 181

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Book SynopsisThis book provides a critical psychosocial analysis of legal practice, documenting a mental health crisis among lawyers and judges and linking this crisis to a dysfunctional legal system they continue to control.Tracing studies of lawyers and judges over 40 years, this book demonstrates that decades of mental distress and social detachment in the legal profession have seriously damaged the legal system. Focusing largely on conditions in the United States but also drawing on studies from the UK, Canada, Germany, and Australia, the book depicts how this system is jeopardized by lawyers' egocentrism, depression, anxiety, suicidal ideation, and substance abuse. To improve the legal system and lawyers' mental healthintegrating law, psychology, sociology, and policy makingthe book advocates a renewed commitment to justice, compassion, respect, and fairness through an ethic of regenerative altruism.This book will appeal to legal academics concerned with the sociology of legal

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Book SynopsisThe international legal framework for valuing the carbon stored in forests, known as ''Reducing Emissions from Deforestation and Forest Degradation'' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed contribution to contemporary understanding of this topic.Table of Contents1. Introduction; 2. REDD+ as international legal regime; 3. REDD+'s broader international legal context; 4. REDD+, identity law and 'free, prior and informed consent'; 5. REDD+, tenure and indigenous property claims; 6. Benefit-sharing in the REDD+ regime: linking rights and equitable outcomes; 7. Malaysia and the UN-REDD programme-exploring possibilities for tenure pluralism in forest governance; 8. REDD+ in Melanesia: Papua New Guinea and Vanuatu; 9. Indigenous land tenures and carbon mitigation schemes: lessons from Northern Australia; 10. Interacting regimes and experimentalism; 11. Conclusion.

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Book SynopsisHighlighting how the challenges raised by globalization - from environmental management to financial sector meltdowns - have encouraged the emergence of experts and networks as powerful actors in international governance, the contributions in this collection assess the methods and effectiveness of these new actors. Unlike other books that have focused on networks or experts, this volume brings these players together, showing how they interact and share the challenges of establishing legitimacy and justifying their power and influence. The collection shows how experts and networks function in different ways to address diverse problems across multiple borders. The reader is provided with a broader and deeper practical understanding of how informal authority actually operates, and of the nature of the relationship between different actors involved in policymaking. Through a range of case studies, the contributions in this collection explain how globalization is reshaping traditional formsTable of ContentsPreface Anne Orford; 1. Experts, networks and international law Holly Cullen, Joanna Harrington and Catherine Renshaw; Part I. Experts, Networks, Advocacy and Mediation: 2. Networks of protection Suzanne Akila; 3. Advancing the conversation: non-judicial voices and the transnational judicial dialogue Pammela Quinn Saunders; 4. International peace mediators: the normative involvement of an epistemic community Philipp Kastner; Part II. Experts, Networks and International Environmental Law: 5. Multilateral environmental agreements and regional fisheries management organisations: experts, networks and global administrative law principles Josephine Toop; 6. Institutional expertise: reconsidering the role of scientific experts in the international conservation and management of cetaceans Cameron S. G. Jefferies; 7. Engaging complexity: legalising international arctic environmental governance Tahnee Prior; 8. Environmental government networks with Asian examples Hitomi Kimura; Part III. Experts, Networks and Institutional Change: 9. Non-binding instruments and democratic accountability Cecily Rose; 10. Traditional and modern designs for an international law of sovereign debt restructuring: a way forward Kei Nakajima; 11. The fight against impunity for core international crimes: reflections on the contribution of networked experts to a regime of aggravated state responsibility Masahiro Kurosaki.

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Book SynopsisThis book aims to spur a debate about the role of methodology in legal scholarship and legal education, since there appears to be a growing divide between legal practice and academic legal writing on the one hand and between traditional normative scholarship and approaches that emphasize a law in context approach.Table of ContentsList of contributors; Acknowledgements; Introduction Rob van Gestel, Hans-W. Micklitz and Edward L. Rubin; Part I. Where Is Legal Scholarship Headed in the New Legal World?: 1. Why we do what we do: comparing legal methods in five law schools through survey evidence Mathias M. Siems and Daithí Mac Síthigh; 2. The jurist in a global age Neil Walker; 3. Field, frame and focus: methodological issues in the new legal world Roger Brownsword; 4. Transatlantic publication fashions: in search of quality and methodology in law journal articles Reza Dibadi; Part II. Should Doctrinal Legal Scholarship Be Abandoned?: 5. What is legal doctrine?: on the aims and methods of legal-dogmatic research Jan M. Smits; 6. Making doctrine for European law Nils Jansen; 7. A European advantage in legal scholarship? Hans-W. Micklitz; 8. From coherence to effectiveness: a legal methodology for the modern world Edward L. Rubin; 9. Ranking, peer review, bibliometrics and alternative ways to improve the quality of doctrinal legal scholarship Rob van Gestel; Part III. The Interaction of Legal Scholarship with Other Academic Disciplines: 10. The logic of the law: the analytical foundations of methodology Neil Komesar; 11. The role of empirical legal studies in legal scholarship, legal education and policy making: a US perspective Deborah R. Hensler and Matthew A. Gasperetti; 12. A behavioural law and economics perspective: between methodology and indeology when behavioural sciences meet law Orly Lobel; 12. Freedom and method Paul Kahn; Index.

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Book SynopsisDeveloping a normative framework for evaluating non-state actors in the absence of formally binding obligations, this study is the first detailed human rights analysis of Hamas conduct and governance in the Gaza Strip.Table of ContentsIntroduction 1. Non-State Actors and International Human Rights Law: An Overview 2. The Rise of Hamas as a Non-State Actor Resembling a Government: Background and Operational Setting 3. Hamas and Human Rights Conclusion: Hamas Rule, Human Rights, and State-Like Institutions

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Book SynopsisThis edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understTrade Review‘Cutler and Dietz have brought together a diverse set of authors who together give us a brilliant critical interrogation of the rise of private sector experts in domains concerned with public interests. This has become an increasingly important and alarming issue. A must read.’ – Saskia Sassen, Columbia University, USA, author of Expulsions'In this path-breaking interdisciplinary volume of political scientists, sociologists, and legal scholars, the authors not only demonstrate that non-hierarchical "governance by contract" dominates both state and private regulations in the global political economy but they also elaborate the power dimension of these arrangements. A must read for anybody interested in knowing how the global economy ticks!' - Thomas Risse, Professor of International Politics, Freie Universität Berlin, GermanyTable of ContentsForewordLiberalism’s Global Mirror: Worldwide Contracting and ‘No Alternative’?[Peer Zumbansen]IntroductionChapter 1The Politics of Private Transnational Governance by Contract: Introduction and Analytical Framework [A. Claire Cutler and Thomas Dietz]PART I: Analytical and Theoretical Dimensions of Private Transnational Governance by ContractChapter 2Contract as Normative Regulation and the Implied Rule of Law Christopher MayChapter 3Governance by Contract from a Perspective of Power: The Case of Land Grabbing[Doris Fuchs and Anne Hennings]PART II: Trade and Production: Global Value Chains and Transnational Private Governance by Contracts Chapter 4Private Transnational Governance in Global Value Chains: Contract as a Neglected Dimension [A. Claire Cutler]Chapter 5The New Gatekeeper: Ethical Audits as a Mechanism of Global Value Chain Governance[Genevieve LeBaron, Jane Lister, and Peter Dauvergne]Chapter 6Relational Contracts 2.0: Efficiency and Power[Thomas Dietz]PART III: Trade, Investment, and Dispute Settlement: Arbitration as Transnational Private Governance by ContractChapter 7Arbitration as Transnational Governance: Legitimacy Beyond Contract[Fabien Gélinas]Chapter 8Private Arbitration as a Mechanism for the Construction of Contractual Norms in Private-Public Relationships: The Case of Investor-State Arbitration[Edward Cohen]Chapter 9Theorizing Private Transnational Governance by Contract in the Investor-State Regime[A.Claire Cutler and David Lark]PART IV: Sectoral Specifications of Private Transnational Governance by ContractChapter 10Contractual Governance and Sectoral Fragmentation of Transnational Contract Law[Joshua Karton]Chapter 11Transnational Carbon Contracting: Why Law’s Invisibility Matters[Natasha Affolder]Chapter 12Merchants of Hegemony: Neoliberalism and the Legitimacy of Private Contractual Governance in the Transnational Cotton Trade[Amy A. Quark]Chapter 13Regulating Private Military Security Companies by Contract: Between Anarchy and Hierarchy? [A. Claire Cutler and Stephanie Law]ConclusionChapter 14Empire through Contract: A Private International Law Perspective[Horatia Muir Watt]

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Book SynopsisThis book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective at a time when the concept is increasingly recognised by the international community as an effective framework in which to negotiate and manage a community's post-conflict transition to peace and stability. The book adopts a gender lens with a particular focus on women's direct experiences and perceptions either as intended beneficiaries of transitional justice (TJ), protagonists in that process or as practitioners, in order to present a unique view in relation to the development of TJ. The range of experiences and knowledge in this collection provides a fresh and unique perspective through its blend of theory and practice.This book will be of particular interest to students and scholars of law, political science and gender studies.Table of ContentsIntroduction, Lisa Yarwood 1. Women, Transitional Justice and Indigenous Conflict: The Role of Women in Addressing New Zealand’s Colonial Past, Dr Lisa Yarwood 2. Women, Peace and Security: Mainstreaming Gender in Transitional Justice Processes, Dr Amy Barrow 3. International Criminal Justice and the Girl Child: Different Needs, Equal Opportunities, Annelotte Walsh 4. Lessons From the Field: the Inclusion of Refugee Women in Transitional Justice Initiatives, Sarah Maddox 5. The Adjudication of Sex Crimes Under International Criminal Law: What Does Gender Have to Do With It?, Dr Caroline Fournet 6. Denial, Impunity and Transitional Justice: The Fate of Female Rape Victims in Bosnia and Herzegovina, Dr Clotilde Pegorier 7. Reconciling Gender and Customary Law?, Lauren Fielder 8. Reparations in Colombia: Advancing the Women’s Rights Agenda, Catalina Diaz with Iris Marin 9. The Peruvian Case: Gender and Transitional Justice, Julissa Mantilla Falcón 10. Conclusion, Lisa Yarwood

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Book SynopsisMost scholars attribute systemic causes of food insecurity to poverty, human overpopulation, lack of farmland, and expansion of biofuel programs. However, as Chen argues here, another significant factor has been overlooked. The current food insecurity is not absolute food shortage, since global food production still exceeds the need of the entire world population, but a problem of how to secure access to resources. Distorted agricultural trade undermines world food distribution, and uneven distribution impedes people's access to food, particularly in poor developing countries. Examining EU and US agricultural policies and World Trade Organization negotiations in agriculture, the author argues how they affect the international agricultural trade, claiming that current food insecurity is the result of inequitable food distribution and trade practices. The international trade regime is advised to reconcile trade rules with the consideration of food security issues. Several other enforceabTrade Review’This book discusses global food issues from a unique perspective. It builds a link between human rights and international trade. The solutions proposed in this book offer policymakers practical advice to reduce world hunger and malnutrition. This book is a must read for policymakers from India to Indiana!’ Scott Bates, Center for National Policy, USA 'Ying Chen’s book starts with a simple premise - the primacy of food for the survival of humans - and then provides an expansive and thorough coverage of the complexities of the global food system that reminds us that food policies and legal frameworks matter when it comes to food security.' Michael T. Roberts, Resnick Program for Food Law and Policy, UCLA School of Law, USA ’This exposé documents how hunger in poor nations is made worse by rich nations. Protectionist trade rules, and subsidies to agribusiness, put steak on affluent tables, but leave many of the world’s poor bereft of beans. To end hunger we need, not so much another green revolution, as a policy revolution.’ Douglass Cassel, University of Notre Dame, USATable of ContentsTrade, Food Security, and Human Rights

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Book SynopsisAn unprecedented comparison of juvenile justice systems across the globe, Juvenile Justice in Global Perspective brings together original contributions from some of the world''s leading voices.While American scholars may have extensive knowledge about other justice systems around the world and how adults are treated, juvenile justice systems and the plight of youth who break the law throughout the world is less often studied. This important volume fills a large gap in the study of juvenile justice by providing an unprecedented comparison of criminal justice and juvenile justice systems across the world, looking for points of comparison and policy variance that can lead to positive change in the United States. Distinguished criminology scholars Franklin Zimring, Máximo Langer, and David Tanenhaus, and the contributors cover countries from Western Europe to rising powers like China, India, and countries in Latin America. The book discusses important issues such as tTrade ReviewJuvenile Justice in Global Perspective successfully makes the point that an adequate understanding of youth justice requires the multiple comparisonsto adult systems, to other systems, to social policiescontained in this volume. It is an impressive contribution to the field. -- Anthony Doob,co-author of Justice for Girls?This book is a major contribution to the literature on juvenile justice. Editors Franklin E. Zimring, Máximo Langer, and David S. Tanenhausall of whom are leading voices in the field of juvenile justicehave gathered together other top scholars from around the world to present a compelling transnational perspective.They examine reform efforts in China, Europe, India, Japan, Latin America, the Middle East, North Africa, South Africa, and South Korea.In doing so, they provide a brilliant synthesis of juvenile justice reform efforts across the globe, enabling readers to appreciate why a commitment to a separate system of juvenile justice is universal. -- Martin Guggenheim,author of What’s Wrong with Children’s RightsWith chapters on China, India, Latin America, Africa, and beyond, Juvenile Justice in Global Perspective is truly global in a way that no previous work has been. Besides being a hugely useful resource, though, the book also triggers important theoretical debates on the purpose and lasting value of separate systems of juvenile justice internationally. It should be widely read. -- Shadd Maruna,author of Making Good: How Ex-Convicts Reform and Rebuild Their LivesThis book is a valuable resource for academic courses designed to compare and contrast juvenile justice systems and gain an appreciation of how different cultures approach juvenile justice. * Juvenile Justice Exchange *Provides significant details and insight into worldwide juvenile justice systems that are not well documented in previous literature. * Journal of Youth and Adolescence *Table of ContentsContents Acknowledgments vii Introduction 1 Franklin E. Zimring and David S. Tanenhaus Part I. The Legacy of the 1990s 5 1. American Youth Violence: A Cautionary Tale 7 Franklin E. Zimring 2. The Power Politics of Juvenile Court Transfer in the 1990s 37 Franklin E. Zimring Part II. New Borderlands for Juvenile Justice 53 3. Juvenile Sexual Offenders 55 Michael F. Caldwell 4. The School-to-Prison Pipeline: Rhetoric and Reality 94 Aaron Kupchik 5. Education behind Bars? The Promise of the Maya Angelou Academy 120 James Forman Jr. 6. A Tale of Two Systems: Juvenile Justice System Choices and Their Impact on Young Immigrants 130 David B. Thronson 7. Juvenile Criminal Record Confidentiality 149 James B. Jacobs vi " Contents 8. Minority Overrepresentation: On Causes and Partial Cures 169 Franklin E. Zimring Part III. Making Change Happen 187 9. The Once and Future Juvenile Brain 189 Terry A. Maroney 10. On Strategy and Tactics for Contemporary Reforms 216 Franklin E. Zimring and David S. Tanenhaus About the Contributors 235 Index 239

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Book SynopsisStrategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies ‘strategically’ to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author’s own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the ‘war on terror’; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.Table of ContentsPart I 1. Introduction I. Introducing ‘Strategic’ Human Rights Litigation II. Overview of Chapters 2. The Growing Field of ‘Human Rights’ Litigation in the World Today: Context, Trends, Opportunities and Challenges I. An Expanding Panorama of Human Rights Litigation II. Challenges and Limitations to Pursuing Human Rights Litigation 3. Understanding Impact: Bursting the Bubble on the Champagne Moment I. Adjusting the Lenses to Capture the Impact of SHRL II. Approaches to Impact and the Meaning of Success III. Monitoring and (the Challenge of) Measuring Impact IV. Classifications and Distinctions 4. Identifying Levels of Impact I. Victim Impact II. Legal Impact III. Impact on Policy and Practice IV. Institutional Impact, Including Judicial Strengthening V. Information, Truth and the Historical Record VI. Social or Cultural Impact VII. Mobilisation and Empowerment VIII. Democracy and the Rule of Law Impact IX. Negative Impact Part II 5. Case Study—Hadijatou Mani v Niger: Slavery before the ECOWAS Court I. Introduction II. Background III. The Hadijatou Mani Case before the ECOWAS Court IV. The Impact of the Mani Case V. Conclusions 6. Case Study—Plan de Sánchez v Guatemala: Genocide in the Inter-American System I. Introduction II. Background III. The Plan de Sánchez Case IV. The Impact of the Plan de Sánchez Litigation V. Conclusions 7. Case Study—Arbitrary Detention, Torture and Extraordinary Rendition: Litigating the ‘War on Terror’ I. Introduction II. Litigating Arbitrary Detention III. Litigating Rendition and Torture IV. Conclusions 8. Case Study—Justice for Enforced Disappearance in Argentina I. Introduction II. Background III. The Nature and Cumulative Impact of Litigation on Enforced Disappearance in Argentina IV. Conclusions 9. Case Study—Litigating Palestinian Land Rights I. Introduction II. Background to Land Rights Litigation in Israeli Courts III. Impact of Litigation on Land Rights before Israeli Courts? IV. International Litigation on Palestinian Land Rights V. Conclusions Part III 10. Litigating Strategically and Meeting the Challenges I. Strategic Planning (and its Limits) II. Identifying Goals and Realistically Assessing Risks III. Litigating in Context: Understanding, Naming and Framing the Problem IV. Litigating for the Long Term: Incremental Change and the Question of Timing V. Strategic Nibbling at the Edges of Injustice v Judicial Confrontation? VI. Exploiting Litigation Synergies: Movement Building, Legal Advocacy and Reaching beyond the Court VII. Case Selection, Sourcing and Tactics: Is there a Right Case at the Right Time? VIII. Strategic Use of Fora IX. The Victim in the Human Rights Process: Whose Case is this Anyway? X. Additional Litigation Roles: Amicus, Expert or Observer? XI. Effecting Change in Real Time: Litigating to Stop or Prevent Violations XII. Creative Remedies and Implementation XIII. The Economy of Human Rights Litigation 11. Conclusion: Appreciating and Demythologising Strategic Human Rights Litigation

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Book SynopsisConstitutional orders constitute political communities – and international orders deriving from them – by managing conflicts that threaten peace. This book explores how a European political community can be advanced through EU constitutional law. The constitutional role of the Union is to ensure peace by addressing two types of conflict. The first are static conflicts of interests between the national polities in the EU. These are avoided by ensuring reciprocal non-interference between Member States in the Union through deregulation in Union law. The second are dynamic conflicts of ideas about positive liberty held by the peoples of Europe. These can be resolved through regulation in a European political space. Here, EU law enables a continuous process of re-negotiating a shared European idea of positive liberty that can be accepted as its own by each national polity in the EU. These solutions to the two types of conflicts correspond to the liberal and republican models for Europe. The claim of this book is that the constitutional design of Europe presents both liberal and republican features. Taking an innovative approach, which draws on arguments from substantive law, constitutional theory, case law analysis, insights from psychology and philosophy, it identifies how best to strengthen the Union through constitutional law.Trade ReviewBy providing a thorough and sharp analysis of the roots of the EU constitutional design, this book elucidates Europe’s crises of governance as very few have done in the past. It is a major contribution to our understanding of the increasingly complex EU machinery. -- Massimo Fichera * Common Market Law Review *Table of ContentsIntroduction 1. Europe in Crises 2. Policy Choices and Constitutional Choices 3. What’s In a Policy? 4. Argument Overview 1. Liberty in the Constitutional Construct of Europe 1. The Constitutional Soul of Europe 2. Legitimacy of the Union and the Paradox of Polity 3. Capturing the Paradox: Voice, Exit and Loyalty 4. The Three Aspects of Liberty 5. Europe’s Love Triangle 6. Europe as a Liberty-Preserving Construct 7. Constitutive Elements of EU Constitutional Order 2. A Union of Polities: Negative Liberty 1. The Nature of Europe’s Union: Non-Interference Between National Polities 2. Non-Interference vs Positive Liberty in EC External Agreements 3. The Boundaries of Europe’s Union: Reciprocity of Commitment 4. Constitutional Dilemma of Internal over External 5. Non-Interference between Member States Prevails over External Positive Liberty 6. The Rights–Admission Dichotomy to Balance Negative and Positive Liberty 7. Integration Through Law or Integration Through Politics? 3. A Political Union: Positive Liberty 1. A New Solution for an Old Problem 2. Emancipation of Politics and the European Political Space 3. Emergence of a European Political Process 4. Constitutional Elements of Post-Lisbon Law 5. Pluralism Under Union Law 4. Conflict in Union Law 1. Conflict as the Object of Union Law 2. Legitimacy of Policy Choices 3. Deciding Who Decides (in) Union Law 4. Demise of the Vertical Balance of Powers 5. From Balance of Powers to Balance of Polities 5. The EU Court and Liberty from Dependence 1. The Triumph of Positive Liberty 2. Liberal Review of a Republican Policy 3. Domination of Mutual Trust and the Faux Virtue of Solidarity 4. The Invisible Liberty 6. Conclusion: Union Law as the Pacifier of Conflicts

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Book SynopsisThis book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including ‘soft law’ measures such as agencies’ guidelines or implementing measures. This, the author argues, results in the Union’s fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.Trade ReviewI recommend the book to academics in the fields of law and social sciences as well as to practitioners with an interest in EU’s handling of new technologies and in EU policy design in general. Specifically, the book presents an abundant source of case material highlighting the desirability of a single legal framework for EU administrative procedure. -- Professor Stephan Meyer * European Journal of Risk Regulation *Table of Contents1. Setting the Scene: Nanotechnologies and their Regulation at the EU Level I. What are Nanotechnologies? II. Between Nanomania and Nanophobia III. Risk as a Rationale for Regulatory Intervention IV. The EU’s Approach to the Regulation of Nanotechnologies: A Bird’s Eye Perspective V. Conclusion 2. Regulating in Today’s Nano Society I. Embedding the Regulation of Nanotechnologies in Its Societal Context II. Regulating in Today’s Nano Society: Two Theoretical Accounts III. Translating the Debate to the EU Level IV. Conclusion and Next Steps 3. Analysing EU (Risk) Regulation through the Lenses of Regulatory Capacity I. Defining the Object of Analysis: ‘EU Regulation’ II. Putting on the Analytical Lenses of Regulatory Capacity III. Conclusion 4. Nanotechnologies in Food I. Nanotechnologies in Food II. The EU Regulatory Framework for Nanotechnologies in Food III. Analysing the EU’s Regulation of Nanofoods through the Lenses of Regulatory Capacity IV. Conclusion 5. Nanotechnologies in Chemicals I. Nanotechnologies in Chemicals II. The EU Regulatory Framework for Nanotechnologies in Chemicals III. Analysing the EU’s Regulation of Nanochemicals through the Lenses of Regulatory Capacity IV. Conclusion 6. Conclusion I. Regulating in Today’s Nano Society: The Point of Departure II. Spotlight on the EU Executive III. Main Findings of the Critical Analysis or the Pitfalls of ‘New Governance’ IV. Repercussions for the Meta-Theoretical Level: Is ‘New Governance’ ‘Better Governance’? V. Strengthening Regulatory Capacity: Proposals for Reform at the Micro Level VI. Three Facades of EU Risk Regulation VII. Outlook

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Book SynopsisThis book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the ‘effects-based approach’ to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a ‘modular’ book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.Table of ContentsIntroduction Part I: Mapping the Transformation 1. The Changing Face of Enforcement under Regulation 1/2003 2. The Rise and Decline of the ‘More Economics-based Approach’ 3. Competition Law and Economic Regulation 4. Competition Law and Intangible Property 5. The DMA as the Expression (and Endgame) of the New Competition Law Part II: Case Studies 6. Energy and Telecommunications 7. Patents and Copyright 8. Digital Markets Conclusions

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Book SynopsisWas there international law in the Middle Ages? Using treaties as its main source, this book examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law.International law in Europe, 700–1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.Table of ContentsIntroduction1 The sources of international law: treaties2 That which is practised on a daily basis: displacement of people3 The rules consistently obeyed: redress, amnesty, and transitional justice4 Justifying action: law, responsibility, and deterrence5 Resolving disputes: arbitration, mediation, and third-party interventionConclusionIndex

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Book SynopsisThis book exposes how inequalities based on class and social background arise from employment practices in the digital age. It considers instances where social media is used in recruitment to infiltrate private lives and hide job advertisements based on locality; where algorithms assess socio-economic data to filter candidates; where human interviewers are replaced by artificial intelligence with design that disadvantages users of classed language; and where already vulnerable groups become victims of digitalisation and remote work. The author examines whether these practices create risks of discrimination based on certain protected attributes, including ‘social origin’ in international labour law and laws in Australia and South Africa, ‘social condition’ and ‘family status’ in laws within Canada, and others. The book proposes essential law reform and improvements to workplace policy.Table of Contents1. Class and Social Background Discrimination: An Introduction 2. Unravelling the Meaning of ‘Social Origin’ Discrimination in Conventions of the International Labour Organization (ILO) and its Applications in the Digital Age 3. Mapping the Legal Landscape in Australia, South Africa, Canada and New Zealand and its Applications in the Digital Age 4. Social Media in Hiring and Firing Decisions 5. Automated Candidate Screening, Algorithms and Artificial Intelligence in Recruitment 6. Platform Work and the Post-Pandemic Shift to Remote Work 7. Making Future Workplaces Fairer and More Equitable

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Book SynopsisA policy-relevant study of when and how ceasefires lead to peaceAlmost all intrastate conflicts involve ceasefire agreements, yet little is known about which factors make a ceasefire effective in stopping violence and ultimately ending intrastate conflict. Ceasefires explores the complex relationship between the ceasefire and political negotiation processes and examines how they can either reinforce or impede each other. Case studies from the joint perspectives of practitioners and scholars cover conflicts in Bosnia, Burundi, Colombia, Darfur, El Salvador, Myanmar, the Philippines, Sudan North/South, and Syria. This in-depth analysis of ceasefires offers a unique framework for future mediators and negotiators as well as scholars of the intrastate peace process to enable them to identify a spectrum of potentially acceptable ceasefire agreements and sequencing approaches.

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Book SynopsisColonialism led to the importation, or better still imposition, of European administrative systems on the indigenous people of Africa. France specialized in this, practicing direct rule and an assimilation policy in their colonies up to the time of independence. In Cameroon, French administrative law (“droit adminstratif”) became part of the national legal system.In this highly original new book, Cameroonian legal scholar Moye Godwin Bongyu explores the intersection of public administration and the state, colonization and administrative systems, public and private laws, rule of law, and comparative administrative law. He then addresses laws relating to administrative organization in Cameroon. Part Three of the book deals with laws governing administrative resources. Part Four describes practical administrative action and the civil procedure. Part Five focuses on the control to administrative action, examining the submission of the administration to specific law, as well as the history, rules, and procedures of administrative justice in Cameroon.

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Book SynopsisIn Debtor Protection in American and European Union Bankruptcy Law, international law scholar Dimitris Liakopulos raises a delicate issue at the foundations of the modern banking system by analyzing US bankruptcy law with a focus on the concept of automatic stay. His work identifies legal sources and authorities having repercussions in terms of operational protection. It then examines their functional profiles, with specific regard to procedure. The book then examines criminal exposure in US bankruptcy law, paying particular attention to crime figures closer to those contained in American bankruptcy law.The book’s third part assesses the lack of a discipline in these areas, a cumbersome gap observable at both the international and regional levels. The financial crisis of 2008 recalled the necessity and importance of a coordinated and usable crisis resolution mechanism for large financial conglomerates. The lack of discipline in the field of cross-border insolvency, and especially in the banking sector, stands out among studies and legislative instruments that have attempted to address questions of private international law, and of procedural law or of substantive law.

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Book SynopsisMuch has changed in European constitutional law after the Lisbon Treaty, not least the efforts to increase democratic legitimacy by engaging national legislatures and introducing a stricter subsidiary review process, namely the Early Warning Mechanism (EWM). This collection looks at how national parliaments have adapted to their new roles and looks at how the new system has impacted on relations between the EU legislative bodies and national parliaments. A team of experts from across Europe explore the effect of the EWM on the national constitutional orders; analyse the regional impact of EWM and evaluate the new system of scrutiny.Trade Review... the edited collection reviewed here is able to add significant value to the existing field through its unified approach and its in-depth analysis ... We may like the idea of national parliaments, but if in reality this is left to a small body of people and mainly conducted through administrative tasks, to what extent can we speak of this as improving democratic legitimacy? This book contributes to our understanding of these important questions through its rigorous analysis of the mechanism’s use in practice. -- Andrew Woodhouse * Common Market Law Review *This edited volume represents an engaging reflection on the evolution of [the early warning mechanism], and it usefully updates the abundant existing literature on this matter. It thoughtfully combines a more general critique of the EWM with a comparative analysis of the legal and political dimensions of its practical functioning. -- Davor Jancic, Queen Mary University of London * European Law Review *Table of Contents1. Introduction Anna Jonsson Cornell and Marco Goldoni Part I: Subsidiarity Review—Goals Achieved and Future Challenges 2. Is the Early Warning Mechanism a Legal or a Political Procedure? Three Questions and a Typology Ian Cooper 3. Reconstructing the EWM? Jörgen Hettne 4. Mapping out the Procedural Requirements for the Early Warning Mechanism Anna Wetter 5. Interparliamentary Cooperation between National Parliaments Bruno Dias Pinheiro Part II: Regional Parliaments 6. Regional Parliaments and the Early Warning System: An Assessment and Some Suggestions for Reform Diane Fromage 7. A New Player in the ‘Multi-Level Parliamentary Field’. Cooperation and Communication of Regional Parliaments in the Post-Lisbon Scenario Karolina Boronska-Hryniewiecka 8. Italian Regional Councils and the Positive Externalities of the Early Warning Mechanism for National Constitutional Law Cristina Fasone 9. Belgian Parliaments and the Early Warning System Werner Vandenbruwaene and Patricia Popelier Part III: The Early Warning Mechanism in National Constitutional Orders 10. Similar but Different—Comparing the Scrutiny of the Principle of Subsidiarity within the EWM in Denmark, Finland and Sweden Anna Jonsson Cornell 11. The Scrutiny of the Principle of Subsidiarity in the Procedures and Reasoned Opinions of the Italian Chamber and Senate Nicola Lupo 12. Speaking with One Voice? The French Parliament’s Use of the EWM Angela Tacea 13. Parliamentary Scrutiny of EU Affairs by the UK Parliament: The Primacy of Ministerial Accountability Adam Cygan 14. Able and Willing? Early Warning System and Political Dialogue in the Bundestag and the Nationalrat Katrin Auel 15. Like Two Peas in a Pod? The Functioning of the Early Warning Mechanism in the Czech Republic and Poland Katarzyna Granat 16. The Trajectory of the Early Warning Mechanism Marco Goldoni and Anna Jonsson Cornell

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

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Book SynopsisThe Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy. Further details of the IYIL can be seen at: www.hartjournals.co.uk/iyil/.

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

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

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Book SynopsisFirst introduced in the United States, whistleblower laws have become increasingly popular around the world. This book illustrates the regional efforts undertaken by European organizations to promote whistleblower protection in Europe. To provide context, the first part of the book presents an overview of the international best practices for whistleblowing legislation and explores the status of whistleblower under international law. It also assesses the global hot topics regarding whistleblowing, from the cases of Edward Snowden and Julian Assange to the silencing of whistleblowers during the COVID-19 pandemic. The following parts focus on the European approach to whistleblower laws. It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights’ case law on whistleblowing under Article 10 of the European Convention on Human Rights. In the final part, the author analyzes the evolution of the European Union’s approach to whistleblowing and the legal significance of the EU Whistleblower Directive adopted in 2019. In the respective parts, the author also examines the effectiveness of the international organizations’ own internal rules on whistleblowing, from the United Nations and the World Bank Group to the Council of Europe and the European Union.Table of ContentsPart 1: Whistleblower laws: An international perspective.- The Genesis of “Whistleblowing”.- Who is a whistleblower under the law?.- Blowing the whistle on wrongdoing.- Dedicated reporting channels.- Protective measures and Incentives.- Protection of whistleblowers within international organization.- Intermediate conclusion.- Part 2: Whistleblower protection by the Council of Europe.- Introduction.- The initiating role of the Parliamentary Assembly.- The Committee of Ministers’ Recommendation: A foundation stone for whistleblower protection in Europe.- Whistleblowers and national security.- Better protection for whistleblowers.- Intermediate Conclusion.- Part 3: Whistleblower protection under the European Convention on Human Rights.- The protection of whistleblowers under Article 10 ECHR.- A precedent-setting case: The Guja ruling of the ECtHR.- The ECtHR whistleblower protection principles: The six Whistleblowing criteria.- Intermediate Conclusion.- PART 4: Whistleblowers and the European Union.- Introduction.- Whistleblower protection regulations within EU Institutions.- When EU whistleblowers go to Court.- Existing whistleblowing rules in sectorial secondary legislation.- A new Whistleblower directive: Toward stronger protection in the EU. Conclusion​.

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

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

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Book SynopsisThe present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant and applicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law.Table of ContentsPart I: Introduction - 1. Overview.- 2. The Historical Foundations of the Regulation of Indications of Geographical Origin.- 3. The Place of Indications of Geographical Origin in the Intellectual Property System.- 4. Fall and Decline.- Part II: European Union Law.- 5. European Union Protection System.- 6. Quality Schemes Regulation.- 7. Spirits Regulation.- 8. Single CMO Regulation.- 9. Aromatised Wines Regulation.- 10. Community Collective Mark.- 11. Indirect Protection System.- 12. Challenges for Further Development.- Part III: Impact on National Law of European Union Member States.- 13. Interrelation Between European Union Protection and National Protection.- 14. Liability aspects.- 15. Competence Aspects of Responsible State Institutions.

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

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Book SynopsisThis book provides a view into the multi-dimensional and multi-contextual nature of community policing. It brings together important conceptual discussions as well as numerous case studies and real-life examples of European community policing practices. It further offers insights into how the (primarily locally focused) concept of community policing fits into an increasingly interconnected world. Our book is intended for professionals working in community policing, academics and policymakers developing community policing procedures. In addition, the book aims to provide information for readers who are new to the subject of community policing. The wide range of examples and case studies make it also an excellent resource for teaching materials.Table of ContentsPart 1: CP context and processes.- Introduction; P. Saskia Bayerl et al.- Community policing in support of social cohesion; I. Sučić, R. Karlović.- Fostering accountability in community policing; B. Cole.- Community policing: The relevance of social contexts; M. van der Giessen et al.- Community Policing as a social system and its components; J. Houtsonen et al.- Part 2: European CP practices and case studies.- Community policing and radicalization: Evaluation and European examples; H. Nitsch, S. Ronert.- Police liaison approaches to managing political protest: a critical analysis of a prominent UK example; D. Waddington.- Community policing and public perception: Belgian expectations and images of the police; I. Verwee.- Joining forces for our security in Austrian community policing; G. Lang et al.- Security as the basis behind community policing: Croatia’s community policing approach; I. Sučić, R. Karlović.- Community policing case studies: proposing a social media approach; G. Leventakis et al.- Part 3: CP in an interconnected world.- New crime landscapes and new technologies for community policing; D.B. Vasile.- Social media: facilitator and stimulator of community policing; C.C.M.T. Broekman et al.- Mobile communications for community policing; G. Markarian et al.- Importance of cyber security; A. Tarter.- Applying computational intelligence to community policing and forensic investigations; A.M. Ali, P. Angelov.- Evaluating the design and implementation of CP-Support technologies: a Participatory framework; P.S. Bayerl, G. Jacobs.- Concluding remarks; B. Akhgar et al.

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

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Book Synopsis

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