Jurisprudence and general issues Books
Taylor & Francis Islamic Finance in the Financial Markets of
Book SynopsisAmong international financial centres (IFCs), London is known as the âWestern hub of Islamic Financeâ, on account of its well-developed legal infrastructure. However, Brexit has threatened Londonâs status and consequently, the financial services industry is moving to Dublin to continue operating in the Euro region. Similarly, Islamic finance (IF) service providers in the UK are also looking to Dublin for expansion of this niche area in euro member states. This is the first book to be written about Islamic finance operations in the Eurozone. The book offers an in-depth description of International Financial Centres and the growth of Islamic Finance, compares the growth of Islamic finance in London, Dubai and Kuala Lumpur, outlines the implications of Brexit for financial service providers in London in general and Islamic investors in particular and also presents a case study of Ireland to establish the latter as the most appropriate country to promote IF in the Eurozone. The time is p
£37.99
Taylor & Francis Ltd Unmanned Ships and the Law
Book SynopsisThis book considers the law relating to the legal aspects of unmanned ships.The author, a doyen of shipping and insurance law from Turkey, delves into the current international legal regime and examines the probable impact of unmanned ships on liability and carriage of goods in a wide-ranging manner. He examines both the legal aspects and technological peculiarities of unmanned ships, as well as contemplating terminological and linguistic questions, to find out whether they can be compatible with the current legal regime applicable to ships in general, while considering alternatives to enable their successful use in the near future. Unmanned Ships and the Law is therefore important not just for legal practitioners and academics in shipping and insurance but all those in related industries of shipbuilding, computer technology and communications. Table of ContentsPreface Abbreviations Bibliography Table of CasesTable of LegislationINTRODUCTION§1 BASIC TECHNICAL CONCEPTS§2 THE CONTROL CENTRE AND THE PERSONNEL EMPLOYED IN THE CENTRE: TWO VITAL ELEMENTS IN UNMANNED SHIP OPERATIONS §3 LIABILITY REGIME FOR UNMANNED SHIPS §4 THE CONSTITUTION OF THE SEA: THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) AND UNMANNED SHIPS §5 INSURANCE CONCLUSION/SUMMARY Index
£199.50
Taylor & Francis Ltd The Big Book of Drones
Book SynopsisDrones are taking the world by storm. The technology and laws governing them change faster than we can keep up with. The Big Book of Drones covers everything from drone law to laws on privacy, discussing the history and evolution of drones to where we are today. If you are new to piloting, it also covers how to fly a drone including a pre-flight checklist.For those who are interested in taking drones to the next level, we discuss how to build your own using a 3D printer as well as many challenging projects for your drone. For the truly advanced, The Big Book of Drones discusses how to hack a drone. This includes how to perform a replay attack, denial of service attack, and how to detect a drone and take it down.Finally, the book also covers drone forensics. This is a new field of study, but one that is steadily growing and will be an essential area of inquiry as drones become more prevalent.Table of ContentsAbout this book. 1 Introduction. 2 The history of drones. 3 Laws governing drones. 4 Drone hardware/software. 5 Flying a drone. 6 Hacking a drone. 7 Programing a drone. 8 Build your own drone. 9 Do-It-Yourself (DIY) drone projects. 10 Drone forensics. 11 More on drones. Definitions. Index.
£26.99
Taylor & Francis Ltd Islamic State as a Legal Order
Book SynopsisThis book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS' dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS' possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS' own legal awareness, based on the group's literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its naturTable of ContentsIntroduction: ISIS as the Expression of a Legal Order 1. About ISIS 2. About Sharīʿa 3. Sharīʿa and ISIS 4. No Law but Islam: A Theory of Exclusivity 5. No Single Rule Left Out: Integrally Sharīʿa 6. Voting on God’s Will: Immediateness and Mediation 7. Striving on the Straight Path: Jihād 8. A New Land of Islam: Reestablishing the Caliphate 9. Reinventing Spatiality: A Return to Universalism Conclusion: ISIS Between Sharīʿa and Globalization
£39.99
Taylor & Francis Ltd Children the Law
Book SynopsisBalancing a child's welfare interests and rights so as to ensure recognition and respect for his or her autonomous identity, while facilitating family unity, has become a major challenge for modern family law. This book, following on from The Principle of the Welfare of the Child: A History, examines, contrasts, and compares the response of England and Wales and Ireland to that challenge. It does so by applying the same matrix of indicators to explore, in each country, the distinction between welfare interests and rights and to trace changes in the balance between them. By profiling the nations in accordance with the same indicators, it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children.Table of ContentsAcknowledgements Introduction PART IMoving away from a traditional interpretation of welfare 1 Children: Their welfare interests and the law 2 Advocates for change PART IIShaping the modern welfare principle 3 Domestic influences 4 International influences PART IIIProfiling contemporary jurisdictional experiences of welfare5 England and Wales 6 Ireland PART IVJurisdictional analysis of a child’s welfare/rights: A thematic approach 7 Themes and a comparative jurisdictional analysis Conclusion Selected Bibliography Index
£37.99
Taylor & Francis Ltd The Modern Law of Marine Insurance
Book SynopsisThis fifth volume in the series comprises ten contributions written by an expert team of academics and practitioners. Collectively they analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. The new volume is not to be considered as a new edition superseding the earlier volumes. To the contrary, it extends on the previous coverage and contributes to the expanding coverage of the series. It achieves this by introducing new topics for analysis and by noting significant developments in themes considered in earlier volumes, thereby providing a useful tool for keeping abreast of an ever developing body of judicial law. This volume tackles topics such as the impact of the Insurance Act 2015 on remedies and the pre-contractual duty of insurers, as well as a contribution from Professor Wilhelmsen on the state ship arrest as a peril under the Nordic Marine Insurance Plan and London terms. It explores the impact of Brexit on jTable of ContentsTable of Cases, Table of Legislation, Authors' Biographies, Foreword, Preface, Chapter 1 Maritime Class Actions, Litigation Funding, and the Role of After-the-Event (ATE) Insurance, Chapter 2 Insuring Remote-Controlled and Autonomous Shipping: A Paradigm Shift in Law and Insurance Markets Required?, Chapter 3 Direct and Third-Party Claims against P&I Clubs, Chapter 4 Neither Fish nor Flesh nor Good Red Herring: A Comparative Study of the Law Relating to Marine Insurance Brokers, Chapter 5 The Development of the Law of Remedies for an Unfair Presentation of the Risk, Chapter 6 Insurers and the Law of Fraud: A Success Story and the Case for Regulatory Intervention, Chapter 7 Implied Marine Warranties and the Insurance Act 2015, Chapter 8 The Proximate Causes of Loss, Chapter 9 Marine Insurance Cover for Detainment of Vessels by a Foreign State: The Team Tango Case, Chapter 10 Jurisdictional Rules and Anti-Suit Injunctions Post-Brexit: Uncertainties and Opportunities, Appendices, Insurance Act 2015, Marine Insurance Act 1906, Third Parties (Rights against Insurers) Act 2010, Index
£356.25
Taylor & Francis International Aviation Labour Law
Book SynopsisInternational Aviation Labour Law explores the status quo of the international regulation of labour and employment within the air transport industry and provides a detailed analysis of the regulatory endeavours undertaken at the international, European and domestic level to harmonise aviation labour regulations and ensure adequate labour standards for aircrew members.Offering an original insight into the regulation of labour in the aviation sector and airline industry, it analyses regulatory endeavours undertaken at the international, European and domestic level, exploring the main challenges arising from non-uniform and fragmented regulation of labour standards in the air transport sector. In particular, it investigates whether aviation labour regulations are sufficiently harmonised at an international level to ensure adequate labour standards for aircrew members. Key concerns relating to aviation labour are dealt with from a regulatory and practical perspective, and the curTable of Contents1. The Law of Labour2. The Regulation of Labour and Employment under International Air Law3. The Regulation of Labour and Employment under European Air Law4. The Impact of Fragmented Labour Standards in Air Transport5. Aviation Labour Law as a Self-Standing Branch of LawConclusions
£39.99
Taylor & Francis Spatial Justice After Apartheid
Book SynopsisThis book considers the question of spatial justice after apartheid from several disciplinary perspectives â jurisprudence, law, literature, architecture, photography and psychoanalysis are just some of the disciplines engaged here. However, the main theoretical device on which the authors comment is the legacy of what in Carl Schmittâs terms is nomos as the spatialised normativity of sociality. Each author considers within the practical and theoretical constraints of their topic, the question of what nomos in its modern configuration may or may not contribute to a thinking of spatial justice after apartheid.On the whole, the collection forces a confrontation between lawâs spatiality in a âœpostcolonialâ era, on the one hand, and the traumatic legacy of what Paul Gilroy has called the âœcolonial nomosâ, on the other hand. In the course of this confrontation, critical questions of continuation, extension, disruption and rewriting are raised and confronted
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Taylor & Francis Ltd The Space Law Stalemate
Book SynopsisThe governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement, and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development, and uncertain eco-sustainability. The prolonged legal stalemate cannot be treated simply as an academic question, for it has broader political and economic implications of growing strategic relevance. Unresolved issues in international space law could threaten the survival of space as a global comTable of ContentsAcknowledgments Abbreviations Introduction 1. Background 2. Main challenges I Space law: historical and institutional background 1. The Cold War 1.1. United Nations: the prime body in international space norm creation 1.2. UN Committee on Peaceful Uses of Outer Space (UN COPUOS) 2. Space treaties’ creation 2.1. Space treaties II The current state of the space domain 1. The rise of the private sector 2. The problem of legal ambiguity 3. New trends in regulating the space domain 3.1. The Cape Town Convention 3.2. Soft law 3.3. National space legislation III The changing global context 1. Geopolitical transformations 1.1. The new space powers 1.2. The emerging space nations 2. Shift in the economic paradigm 3. Technological development: from military to civilian use 4. Multidirectional diplomacy 5. The lawmaking process itself 5.1. The norm-creation mechanism in the United Nations 5.2. The norm-creation mechanism in the Legal Subcommittee of the UN COPUOS 6. Conclusion IV Necessity of new internationally binding norms in space law 1. Space activities outside of the current legal realm 1.1. Active debris removal 1.2. Resource utilization and extraction from celestial bodies 1.3. Human planetary exploration 2. Space actors outside of the current legal realm 3. Why is the stalemate dangerous? 4. State sovereignty in the area of globalization and interdependence5. A legal obligation to cooperate: mandatory multilateralism V Alternative ways of law-making 1. UN specialized agencies 1.1. International Telecommunication Union (ITU) 1.1.1. Short history 1.1.2. Purpose 1.1.3. Membership 1.1.4. Decision-making bodies 1.1.5. Norm mechanisms: constituent instrument and secondary norms 1.1.6. Implementation 1.2. International Civil Aviation Organization (ICAO) 1.2.1. Short history 1.2.2. Purpose 1.2.3. Membership 1.2.4. Decision-making bodies 1.2.5. Norm mechanisms: constituent instrument and secondary norms1.2.6. Implementation 2. International legal regimes that deal with international commons 2.1. The international legal regime for marine beyond national jurisdiction 2.1.1. Short history 2.1.2. Purpose 2.1.3. Membership 2.1.4. Decision-making bodies 2.1.5. Norm mechanism: constituent instrument and secondary norms 2.1.6. Implementation 2.2. The international legal regime for the Antarctic area 2.2.1. Short history 2.2.2. Purpose 2.2.3. Membership 2.2.4. Decision-making bodies 2.2.5. Norm mechanism: constituent instrument and secondary norms 2.2.6. Implementation 3. Regional space agencies 3.1. European Space Agency (ESA) 3.1.1. Short history 3.1.2. Purpose 3.1.3. Membership 3.1.4. Decision-making bodies 3.1.5. Norm mechanism: constituent instrument and secondary norm mechanism 3.1.6 Implementation 3.2. European Union Agency for the Space Program (EUSPA) 3.2.1. Short history 3.2.2. Purpose 3.2.3. Membership 3.2.4. Decision-making bodies 3.2.5. Norm mechanism: constituent instrument and secondary norm mechanism 3.2.6. Implementation provisions VI Key findings and strengths, weaknesses, opportunities, threats analysis 1. Key findings 1.1. Hierarchy of norms 1.2. Decision-making organ 1.3. Possibility to make amendments 1.4. Voting mechanism 1.5. Possibility to make reservations/to opt out 2. Strengths, weaknesses, opportunities, threats analysis 2.1. Strengths and opportunities 2.2. Weaknesses and potential threats 3. Proposed solutions Conclusion A. Bibliography Index
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Taylor & Francis Ltd Discrimination and Employment Law
Book SynopsisPresenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a comparative, problem-solving approach and an in-depth analysis of new developments in both anti-discrimination statutory law and case law. Addressing employment law with a focus on anti-discrimination law and human rights law, this book will be essential reading for students, academics and practitiTable of ContentsForeword THE LORD PAREKH OF HULL1 International Legal Perspectives on Discrimination in Employment Law: An Overview JO CARBY-HALL, ZBIGNIEW GÓRAL AND ANETA TYCPART I: Employment Discrimination Law in the European Union and Its Member States 2 “It’s All Relative?”: Role of Comparison in Terms of Equality in Employment Under EU Law SZILVIA HALMOS3 Dutch Equal Treatment Law: A Sophisticated Field of Law SUSANNE BURRI4 The German Law on Discrimination in Employment MANFRED WEISS5 The “Other” Discriminatory Criteria: Unregulated in the Polish Labour Code but Clarified by Case Law ANETA TYCPART II: Facets of Employment Discrimination in Common Law Jurisdictions 6 Philosophical Beliefs as Protected Characteristics in British Discrimination Law: An Evolutionary Tract and Its Consequences JO CARBY-HALL7 Employment Discrimination in Australia: The Challenges of Pursuing a Substantive Equality Approach THERESE MACDERMOTT8 The Changing Face of Discrimination in Aotearoa/New Zealand GORDON ANDERSON AND DAWN DUNCANPART III: Facets of Employment Discrimination in Other Parts of the World 9 The Erasure of Sexual Harassment: Recourse for Sexual Harassment Under Labour Law Frameworks in QuébecRACHEL COX10 Legal Instruments Against Discrimination in Employment in Switzerland KURT PÄRLI11 Transformative Equality and Disability-Based Discrimination in Employment: A Case Study From IndiaNIMUSHAKAVI VASANTHI12 Gender Discrimination in IsraelRAPHAEL COHEN-ALMAGOR AND UKI MAROSHEK-KLARMAN13 Discrimination in Employment Law: Key Themes and Perspectives JO CARBY-HALL, ZBIGNIEW GÓRAL AND ANETA TYC
£123.50
Taylor & Francis Ltd Maritime Salvage Operations and Environmental
Book SynopsisThis book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on enviTable of ContentsIntroductionI Environment first, in the pursuit and balancing of values via the lawII Historical overview of salvage: Changing contexts and the pursuit of valuesIII Theory of salvage and environmental protectionIV The International Convention on Salvage 1989 and the environmentV Salvage operations within coastal State marine environmental protection measures and salvors’ environmental services under international instruments outside of the law of salvage.VI Contracts between Coastal States and Salvors as the Legal Regulatory Framework for Environmental Services in the Context of Salvage OperationsConclusions
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Taylor & Francis Citizen Rights Migrant Rights and Civic
Book SynopsisThis book explores the concept of civic stratification and examines its contemporary relevance for analysis and understanding of the functioning of rights in society.David Lockwood's (1996) concept of civic stratification outlines the way in which the rights associated with citizenship can be a source of inequality by virtue of their formal granting or denial by the state, or by informal impediments to their full realisation. The purpose of this book is to explore the meaning and significance of this concept, and elaborate its potential in offering a framework for understanding the dynamic nature of rights. Lockwood's model reverses Marshall's (1950) view of citizenship as guaranteed inclusion in society and is linked to the way that the differential entitlement and the qualifying conditions associated with certain rights can be harnessed as a means of control. While both Marshall and Lockwood were principally concerned with the rights attaching to citizenship, this book
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Taylor & Francis Ltd Challenging Cases in Clinical Research Ethics
Book SynopsisClinical research ethics consultation has emerged in the last 15 years as a service to those involved in the conduct of clinical research who face challenging issues for which more than one course of action may be justified. To respond to a growing field and need for opportunities to share knowledge and experience, the Clinical Research Ethics Consultation Collaborative, established in 2014, holds monthly webinars for its 90 members to present their most challenging cases to each other and engage in substantive discussion. Every year, the group selects the four most interesting cases with accompanying commentaries for publication in the American Journal of Bioethics. This timely book brings together these cases and commentaries under a range of common themes for the first time, creating a permanent collection in book format that encourages and supports readers to gain a better understanding of the ethical challenges that they may face, and providing them with a conveniTable of ContentsForewordIntroduction A Framework for Research Ethics. Principles of Research Ethics. Topics in Research Ethics . Values of Research Ethics. Section 1. Collaborative PartnershipIntroductionCase 1.1 Supporting Community-Academic Research Partnerships: Reflections from the GroundCommentary 1.1.1: Community Partnered Participatory Research in Southeast Louisiana Communities Threatened by Climate Change: The C-LEARN EXPERIENCE. Commentary 1.1.2: Leveraging Academic Institutional Structures to Support Asian American Community Organizations’ Engagement in Research: The Korean Community Service Center. Commentary 1.1.3: Engaging the Sickle Cell Community in Participatory Research. Commentary 1.1.4: Being in Good Community: Engagement in Support of Indigenous Sovereignty.Case 1.2 Protecting Research Subject Welfare in Preventative Trials for Autosomal Dominant Alzheimer's DiseaseCommentary 1.2.1: When There Are Only Two Who Can Tango: Ethical Concerns at the Juncture of Highly Novel Interventions and Precisely Targeted Research Populations. Commentary 1.2.2: Conceptualization and Assessment of Vulnerability in a Complex International Alzheimer’s Research Study. Commentary 1.2.3: Barriers and Facilitators to the Consent Process in a Study of Complex Genetic Factors.Case 1.3 Studying the Role of Financial Incentives to Promote Hepatitis B Vaccination in a Community ClinicCommentary 1.3.1: Treatment Incentives and the Nature of the Doctor-Patient Relationship. Commentary 1.3.2: The Ethics of Studying Financial Incentives in Public Health Implementation: Study Design Challenges. Commentary 1.3.3: You Can Lead a Horse to Water, But Can You Pay to Make Him Drink? An Ethical Analysis of Research on Using Incentives to Promote Patient Health.Case 1.4 A Cluster Randomized Trial to Screen for Abusive Head Trauma in the Paediatric Intensive Care Unit--How to Manage Site-Specific Evidence of Racial/Ethnic DisparityCommentary 1.4.1: Issues of Justice and Risk: Setting Stopping Criteria in Cluster-Randomized Trials. Commentary 1.4.2: Clinical Trials Not Causing Harm with Potential for Realizing Benefit Should Continue. Commentary 1.4.3: Responding to Implicit Bias in Abusive Head Trauma Evaluations and Reporting in the PICU: Ethical Consideration During a Clinical Trial.Case 1.5 When a Clinical Trial Is the Only OptionCommentary 1.5.1: "Respect for Persons," Not "Respect for Citizens". Commentary 1.5.2: The Potentially High Cost of a Free Clinical Trial. Commentary 1.5.3: Contextualizing "Choice" for Undocumented Immigrants in U.S. Clinical Trials Research.Case 1.6 A Randomized Trial of Rapamycin to Increase Longevity and Healthspan in Companion Animals: Navigating the Boundary Between Protections for Animal Research and Human Subjects ResearchCommentary 1.6.1: Rapamycin: Risking Harm for Canine Longevity. Commentary 1.6.2: Companion Animal Studies: Slipping Through a Research Oversight Gap. Commentary 1.6.3: Research to Promote Longevity and Health Span in Companion Dogs: A Paediatric Perspective.Section 2. Respect for ParticipantsIntroduction.Case 2.1 Ethical Considerations for Unblinding a Participant’s Assignment to Interpret a Resolved Adverse EventCommentary 2.1.1: Considerations for Unblinding in Biopharmaceutical IndustrySponsored Trials. Commentary 2.1.2: Blinds and Research Risks. Commentary 2.1.3: The Scientific and Social Implications of Unblinding a Study Subject.Case 2.2 Should Research Participants Be Notified About Results of Currently Unknown by Potential Significance?Commentary 2.2.1: The Need for National Guidance Around Informed Consent About GBCA Safety. Commentary 2.2.2: Returning Individual Research Results Regarding Gadolinium Deposition in the Brain Is the Preferable Choice. Commentary 2.2.3: Research Participants Should Have the Option to Be Notified of Results of Unknown but Potential Significance.Case 2.3 The Ethics of Contacting Family Members of a Subject in a Genetic Research Study to Return Results for an Autosomal Dominant SyndromeCommentary 2.3.1: What Does the Duty to Warn Require? Commentary 2.3.2: Should Researchers Disclose Results to Descendants? Commentary 2.3.3: Relationships Matter: Ethical Considerations for Returning Results to Family Members of Deceased Subjects.Case 2.4 Ethics of Continuing to Provide a Drug on an Open-Label Extension Study for an "Unapproved Indication"Commentary 2.4.1: When Should Open-Label Extension Studies Be Stopped? Commentary 2.4.2: The Role of Clinical Equipoise and Practical Considerations in Deciding Whether to Continue to Provide a Drug on an Open-Label Extension Study for an "Unapproved Indication". Commentary 2.4.3: Open-Label Extension Studies: Are They Really Research?Case 2.5 Supporting Investigators in Challenging Cases: Unease in the Face of an Ethically Appropriate ActionCommentary 2.5.1: Researchers Experience Moral Distress Too! Commentary 2.5.2: Relieving Investigator Angst After an Appropriate but Concerning Ethics Consultation. Commentary 2.5.3: Acknowledging Angst: Research Ethics Consultation in Disclosing Experimental Research Results of Uncertain Benefit.Case 2.6 Recontact and Recruitment of Young Adults Previously Enrolled in Neonatal Herpes Simplex Virus ResearchCommentary 2.6.1: Research Recruitment of Adult Survivors of Neonatal Infections: Is There a Role for Parental Consent? Commentary 2.6.2: A Knotty Problem of Intertwined Rights. Commentary 2.6.3: Consent Is the Cornerstone of Ethically Valid Research: Ethical Issues in Recontacting Subjects Who Enrolled in Research as a Minor.Case 2.7 Genotype-Driven Recruitment in Population-Based Biomedical ResearchCommentary 2.7.1: Genotype-Driven Recruitment Without Deception. Commentary 2.7.2: Harms of Deception in FMR1 Premutation Genotype-Driven Recruitment. Commentary 2.7.3: Genotype-Driven Recruitment and the Disclosure of Individual Research Results.Section 3. Fair Participant SelectionIntroduction.Case 3.1 Is It Ethical to Enrol Cognitively Impaired Adults in Research that is More than Minimal Risk with No Prospect of Benefit?Commentary 3.1.1: Inconsistent Approaches to Research Involving Cognitively Impaired Adults: Why the Broad View of Substituted Judgment Is Our Best Guide. Commentary 3.1.2: Ethical and Regulatory Considerations Regarding Enrolment of Incompetent Adults in More Than Minimal Risk Research as Compared with Children. Commentary 3.1.3: Acceptable Approaches to Enrolling Adults Who Cannot Consent in More Than Minimal Risk Research.Case 3.2 Should Patients Be Required to Undergo Standard Chemotherapy Before Being Eligible for Novel Phase I Immunotherapy Clinical Trials?Commentary 3.2.1: A Rationale for Relaxing the Requirement to Undergo a Noncurative Chemotherapy for Advanced Cancer in a Phase I Immunotherapy Trial. Commentary 3.2.2: Participation of Citizen Scientists in Clinical Research and Access to Research Ethics Consultation. Commentary 3.2.3: Forgoing Conventional Therapy in Phase I Oncology Research: Don’t Forget About the Children.Case 3.3 Involving Pregnant Women in Research: What Should We Recommend When the Regulations Seem Ethically Problematic?Commentary 3.3.1: Conflicts Between Regulations and Ethical Principles: Resolving Ambiguity in Favour of the Ethically Preferable Outcome. Commentary 3.3.2: When to Avoid Giving Advice on the Ethical Conduct of Research. Commentary 3.3.3: When Research Regulations and Ethics Conflict.Case 3.4 Regulatory, Legal, Ethical, and Practical Challenges of Enrolling Wards of the State in ResearchCommentary 3.4.1: Fuzzy Logic: How the Practicalities of State Involvement Shape the Most Ethically Supportable Way Forward. Commentary 3.4.2: Enrolling Foster Youth in Clinical Trials: Avoiding the Harm of Exclusion. Commentary 3.4.3: No Justification to Exclude State Ward from Paediatric Transplant Research. Commentary 3.4.4: Life-Saving Experimental Treatment for a Teenage Ward of the State.Case 3.5 Selecting Children for an Autism Spectrum Disorder Study: Justice and GeographyCommentary 3.5.1: Fair Participant Selection: A Negative Obligation Not to Exclude. Commentary 3.5.2: Unequal Individual Risk and Potential Benefit Balanced by Benefits to the Population at Large in Autism Clinical Trials? Commentary 3.5.3: Justice in Selecting Participants for a Study in Phelan-McDermid Syndrome.Section 4. Favourable Risk-Benefit RatioIntroduction.Case 4.1 Obligations to Act on Patient Reported Outcomes in Electronic Health RecordsCommentary 4.1.1: Informed Consent for PROs in EHR Research: Are Additional Requirements Necessary? Commentary 4.1.2: Patient Reported Outcomes at the Crossroads of Clinical Research and Informatics. Commentary 4.1.3: PROs in the Balance: Ethical Implications of Collecting Patient Reported Outcome Measures in the Electronic Health Record.Case 4.2 A Trial to Test a Novel Approach to Diabetes PreventionCommentary 4.2.1: Is It Ethically Acceptable to Screen Patients for Obstructive Sleep Apnea and Not Offer Them Positive Air Pressure Therapy in a Clinical Trial? Commentary 4.2.2: Can We Breathe Easy If PAP Therapy Is Withheld? Commentary 4.2.3: Risks of Clinical Research Must Be Reasonable and Necessary.Case 4.3 Is It Ethically Appropriate to Refuse to Compensate Participants Who Are Believed to Have Intentionally Concealed Medical Conditions?Commentary 4.3.1: Mutual Obligations in Research and Withholding Payment from Deceptive Participants. Commentary 4.3.2: Best to Exclude but Pay. Commentary 4.3.3: To Pay or Not to Pay? Withholding Payment from Research Participants.Case 4.4 Ethical Drug Development for Rare Childhood Diseases: When There are Limited but Promising Data in Adults, How to Choose Between Safety or Efficacy Studies?Commentary 4.4.1: The Use of Paediatric Extrapolation to Avoid Unnecessary Paediatric Clinical Trials. Commentary 4.4.2: Flexibility Required: Balancing the Interests of Children and Risk in Drug Development for Rare Paediatric Conditions. Commentary 4.4.3: When Higher Risk Does Not Equal Greater Harm: Doing the Most Good in a Limited Paediatric Study Population.Case 4.5 Greater than Minimal Risk, No Direct Benefit – Bridging Drug Trials and Novel Therapy in Paediatric PopulationsCommentary 4.5.1: Balancing Risk and Reward: Greater Research Oversight Is Appropriate for Novel Therapies for Children with Life-Limiting Illness. Commentary 4.5.2: Bringing Known Drugs to Paediatric Research: Safety, Efficacy, and the Ambiguous Minor Increase in Minimal Risk. Commentary 4.5.3: Balancing Scientific Progress with Paediatric Protections: No Direct Benefit Now, But Potential Novel Therapy in the Future. Section 5. Informed ConsentIntroduction.Case 5.1 The Ethics of Disclosing to Research Subjects the Availability of Off-Label Marketed DrugsCommentary 5.1.1: Researchers Have an Ethical Obligation to Disclose the Availability of Off-Label Marketed Drugs. Commentary 5.1.2: The Relevance of Research Study Phase to Disclosure of Off-Label Drug Availability. Commentary 5.1.3: Which Alternatives Should Investigators Disclose to Research Subjects?Case 5.2 A Pragmatic Trial of Suicide Risk Assessment and Ambulance Transport Decision Making Among Emergency Medical Services Providers: Implications for Patient ConsentCommentary 5.2.1: Improving Care for Suicidal Patients While Protecting Human Subjects: Addressing Ethical Challenges in Mental Health Research Involving Emergency Medical Services Providers. Commentary 5.2.2: A Stepwise Approach to Ethically Assess Pragmatic Cluster Randomized Trials: Implications for Informed Consent for Suicide Prevention Implementation Research. Commentary 5.2.3: Informed Consent in a Pragmatic Emergency Suicide Trial: Rejecting the Research-Practice Distinction. Commentary 5.2.4: A Pragmatic Trial for Emergency Medical Service Providers’ Prehospital Response to Suicidality: Consent Is Not Essential, but Limited Patient Engagement May Be Meaningful.Case 5.3 The Obligations to Report Statutory Sexual Abuse Disclosed in a Research StudyCommentary 5.3.1: The Moral and Legal Need to Disclose Despite a Certificate of Confidentiality. Commentary 5.3.2: Informed Consent and the Implications for Statutory Rape Reporting in Research with Adolescents. Commentary 5.3.3: Community, Context, and the Contrasting Roles of Clinicians and Researchers: Challenges Raised by Statutory Rape.Case 5.4 Conjoined Consent: Informed Consent When Donor and Recipient Are Both Research ParticipantsCommentary 5.4.1: Moving Beyond Standard Informed Consent for Interventional Organ Transplant Research. Commentary 5.4.2: Risks to Relationships in Kidney Transplant Research with Living Donors and Recipients.Case 5.5 Navigating Parental Permission for Neonatal ResearchCommentary 5.5.1: Informed Consent and Parental Permission for Research: Rules, Roles, and Relationships. Commentary 5.5.2: Research Involving Premature Infants: Timing Is Everything. Commentary 5.5.3: Precluding Consent by Clinicians Who Are Both the Attending and the Investigator: An Outdated Shibboleth?Case 5.6 Click Here to Complete This Survey: Online Research, Adolescents, and Parental ConsentCommentary 5.6.1: Digital Negotiations: Navigating Parental Permission and Adolescent Assent for On-Line Survey Participation. Commentary 5.6.2: Constrained Adolescent Autonomy for Healthcare Should Include Participation in Survey Research. Commentary 5.6.3: Respecting Parental Permission and Maintaining Flexibility in Online Research Involving Adolescent Participants.Case 5.7 When Professional Meets Personal: How Should Research Staff Advertise on social media for Research Opportunities?Commentary 5.7.1: Sharing Research Opportunities on Personal Social Media Accounts and Fair Subject Selection. Commentary 5.7.2: How Should Investigators Advertise on social media for Research Opportunities?Case 5.8 The Limitation of "Boilerplate" Language in Informed Consent: Single IRB Review of Multisite Genetic Research in Military PersonnelCommentary 5.8.1: The Bane of "Boilerplate" Language in Research Consent Forms: Ensuring Consent Forms Promote Autonomous Authorization. Commentary 5.8.2: Single IRBs Are Responsible to Ensure Consent Language Effectively Conveys the Local Context. Commentary 5.8.3: Solving the Single IRB/Boilerplate Bind: Establishing Institutional Guidelines.Appendix A. Cases Organized by Principles. Appendix B. Cases Organized by Topics. Appendix C. Cases Organized by Values.
£38.99
Taylor & Francis Ltd Contract Law in Changing Times
Book SynopsisThis collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters Table of ContentsPart A. Pacta sunt servanda in changing times1 Pacta sunt servanda, the common law, and Hong KongStephen Hall2 Exceptions to pacta sunt servanda in the Chinese Civil Code Siyi Lin 3 In a Bubble by the Sea: COVID-19, Time and Contract Law in the Macau S.A.R.Célia F. Matias and Monica Chan4 Contracts in the time of COVID-19: common law and statutory solutions in SingaporeWayne Courtney5 The principle of pacta sunt servanda and its exceptions under Japanese contract lawTomohiro Yoshimasa6 Change of circumstances in Korean contract law: An exception to pacta sunt servandaBoeun ChangPart B. Pacta sunt servanda in specific contexts7 The property management service contract with Chinese characteristics: An exception to pacta sunt servanda?Jianbo Lou and Yimeng Ye8 Pacta sunt servanda in the age of cryptocurrency: The case of ChinaChao Xi9 Post-employment non-compete agreements under the Taiwan Labour Standards Act and pacta sunt servandaYalun Yen10 Pacta sunt servanda and the consumer’s right of withdrawalGeraint Howells11 Contract enforcement during the Global Financial Crisis: Lessons for the coming tsunamiKingsley OngPart C. Pacta sunt servanda in international law12 Invoking COVID-19 to suspend or terminate the operation of a treatyHanh Hong Pham and Huong Thi Thu Phung13 Treaties and pacta sunt servanda: A shared concept for the PRC?Noble Po-kan Lo14 Pacta sunt servanda: Comfort letters in an age of instability and strategic rivalry Joel Slawotsky Part D. Conclusion15 Pacta sunt servanda – a maxim and its exceptions in comparative perspectiveNormann Witzleb
£118.75
Taylor & Francis Ltd Regulating the Metaverse
Book SynopsisThe metaverse seems to be on everybody's lips and yet, very few people can actually explain what it means or why it is important. This book aims to fill the gap from an interdisciplinary perspective informed by law and media and communications studies. Going beyond the optimism emanating from technology companies and venture capitalists, the authors critically evaluate the antecedents and the building blocks of the metaverse, the design and regulatory challenges that need to be solved, and commercial opportunities that are yet to be fully realised. While the metaverse is poised to open new possibilities and perspectives, it will also be a dangerous place one ripe with threats ranging from disinformation to intellectual property theft to sexual harassment. Hence, the book offers a useful guide to the legal and political governance issues ahead while also contextualising them within the broader domain of governance and regulation of digital technologies.Table of Contents1 Introduction Bibliography 2 Why Now?: From Mediatisation to Virtualisation 2.1 Mediatisation and the Immersed Individual 2.2 Platformisation, Datafication, and the Technology–Experience Nexus Bibliography 3 Understanding the Metaverse: Beyond the Hype 3.1 Building the Metaverse: Key Opportunities and Challenges 3.2 Experiencing the Metaverse: Enhancements and Limitations Bibliography 4 Doing Things: From Work to Sex 4.1 The Economic Side of the Metaverse4.2 Acting and Feeling in the Metaverse Bibliography 5 Law, Life, and Governance 5.1 Conceptualising Life 5.2 Conceptualising Governance Bibliography 6 Security, Regulation, and Other Challenges 6.1 Old Wine in New Bottles 6.2 New Wine in Old Bottles Bibliography7 Concluding Thoughts Bibliography Index
£43.69
Taylor & Francis Ltd Artificial Intelligence Design Law and Fashion
Book SynopsisArtificial intelligence (AI) now infiltrates our culture. After a couple of difficult winters, AI today is a word on everybody's lips, and it attracts everyone's attention regardless of whether they are experts or not. From Apple's Siri to Amazon's Alexa, Tesla's auto-driving cars to facial recognition systems in CCTV cameras, Netflix's film offering services to Google's search engine, we live in a world of AI goods. The advent of AI-powered technologies increasingly affects people's lives across the globe. As a tool for productivity and cost-efficiency, AI also shapes our economy and welfare. AI-generated designs and works are becoming more popular. Today, AI technologies can generate several intellectual creations. Fashion is one of the industries that AI can profoundly impact. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric and jewellery designs, and clothing. When we talk about AI-generated desiTable of ContentsIntroduction: AI effectChapter 1: Artificial intelligence and fashionChapter 2: Artificial intelligence and EU design protectionChapter 3: Artificial intelligence and EU copyright protectionChapter 4: Authorship of artificial intelligence: global solutions and disjunctionsChapter 5: A post-modern approach to AI-generated fashion design
£37.99
Taylor & Francis Ltd Contract Law in Changing Times
Book SynopsisThis collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters Table of ContentsPart A. Pacta sunt servanda in changing times1 Pacta sunt servanda, the common law, and Hong KongStephen Hall2 Exceptions to pacta sunt servanda in the Chinese Civil Code Siyi Lin 3 In a Bubble by the Sea: COVID-19, Time and Contract Law in the Macau S.A.R.Célia F. Matias and Monica Chan4 Contracts in the time of COVID-19: common law and statutory solutions in SingaporeWayne Courtney5 The principle of pacta sunt servanda and its exceptions under Japanese contract lawTomohiro Yoshimasa6 Change of circumstances in Korean contract law: An exception to pacta sunt servandaBoeun ChangPart B. Pacta sunt servanda in specific contexts7 The property management service contract with Chinese characteristics: An exception to pacta sunt servanda?Jianbo Lou and Yimeng Ye8 Pacta sunt servanda in the age of cryptocurrency: The case of ChinaChao Xi9 Post-employment non-compete agreements under the Taiwan Labour Standards Act and pacta sunt servandaYalun Yen10 Pacta sunt servanda and the consumer’s right of withdrawalGeraint Howells11 Contract enforcement during the Global Financial Crisis: Lessons for the coming tsunamiKingsley OngPart C. Pacta sunt servanda in international law12 Invoking COVID-19 to suspend or terminate the operation of a treatyHanh Hong Pham and Huong Thi Thu Phung13 Treaties and pacta sunt servanda: A shared concept for the PRC?Noble Po-kan Lo14 Pacta sunt servanda: Comfort letters in an age of instability and strategic rivalry Joel Slawotsky Part D. Conclusion15 Pacta sunt servanda – a maxim and its exceptions in comparative perspectiveNormann Witzleb
£37.99
Taylor & Francis Ltd An Economic Sociology of Law Reimagined
Book SynopsisThis book critically examines the concept of embeddedness: the core concept of an economic sociology of law (ESL).It suggests that our ways of doing, talking, and thinking about law, economy, and society, reproduce and re-entrench mainstream approaches, shaping our thoughts and actions such that we perform according to the model. Taking a deep dive into one example the concept of embeddedness this book combines insights from law, sociology, economics, and psychology to show that while we use metaphor to talk about law and economy, our metaphors in turn use us, moulding us into their fictionalized caricatures of homo juridicus and homo economicus. The result is a groundbreaking study into the prioritization throughout society of interests and voices that align with doctrinal understandings of law and neoclassical understandings of economics: approaches that led us into the dilemmas currently facing society. Zooming out from a detailed exploration of embeddednesTable of ContentsPreface Acknowledgements and return journeys Visualizing socio-legal frames, concepts, and methods 1 Doing, talking, and thinking (and why we’re not getting it right) Crashes, crises, catastrophes Doing, talking, and thinking The law and the economy don’t really exist PS: Nor does society How metaphors use us Constructing reality Introducing homo juridicus and homo economicus An ongoing conceptual commitment to embeddedness Introducing an economic sociology of law (ESL): the home of embeddedness The career of embeddedness in ESL and two conceptual conundrums Embeddedness in academic literature: drawing parallels and drawing conclusions Introducing our “guide” personas: Ann, Polly, and Lillian Bibliography 2 Introducing an economic sociology of law What is an economic sociology of law (ESL)? The role of economic sociology of law: responding to disciplinarity The intellectual heritage of ESL: economic sociology and socio-legal scholarship Socio-legal heritage Economic sociology heritage “Black boxes” and taxonomies Text; subtext; context Empirical; conceptual; normative Econo-socio-legal Instrumental; affective; belief-based; traditional Micro; meso; macro; meta Writing the rules of the game: indicators as technologies of governance ESL is (currently) a pseudo-constructivist lens: boundaries and borderlands Bibliography 3 Embeddedness: A biography of a concept Embeddedness: the origins Talking about embeddedness Karl Polanyi’s always (or never) embedded market The “accidental” revival of embeddedness Critiques of embeddedness Critiques of macro-level embeddedness Critiques of micro-level embeddedness Reconciling macro- and micro-level embeddedness? Reconciling the implications: cognitive and normative embeddedness How might we make embeddedness more consistent? Embedded liberalism Embedded autonomy Reconciling the insights? The embeddedness conundrum is reinvented Bibliography 4 Embeddedness: The internal inconsistencies The internal inconsistency of embeddedness: “what are we talking about?” Block’s interpretation of Polanyian embeddedness Dale’s interpretation of Polanyian embeddedness Doughnut Economics versus The Econocracy Doughnut Economics The Econocracy Emblematic of a wider approach What is embedded? And in what? Bibliography 5 Embeddedness: The external conceptual incompatibilities How we tend to think (our default conceptual tools) How we might think differently (challenging default conceptual tools) Thinking about embeddedness as a black box Proposing an alternative ESL lens: beyond embeddedness Shift 1: from the actor to their interaction Trust is important in understanding interactions Shift 2: embeddedness to feedback loops Understanding feedback loops through performativity Exploring the performativity of law and economics with a thought experiment Beyond homo economicus-juridicus? Bibliography 6 Beyond embeddedness: The next steps What remains of ESL without its core concept of embeddedness? Lingering questions about an ESL lens What, where, or who is “the social”? But “how much?”: the “sociological fallacy” Removing the core concept: what is left? What’s in a name? Linguistic limitations Clean models or dirty hands? ESL, politics, and power: can an ESL lens ever be apolitical? Responding to crashes, crises, catastrophes Our conceptual commitment to embeddedness continues Shoehorning concepts into categories: Happy the Elephant, Chucho the Bear, and their friendsShoehorning concepts into categories: COVID versus the economy? Rebalancing voices and values: becoming ‘homo sociologicus’? “Happy” Bhutan “Sustainable” Oslo Framing the future? Rebalancing voices and values Moving beyond embeddedness? Bibliography Epilogue: Notes about the characters Index
£35.99
Taylor & Francis Ltd Sovereign Debt Restructuring and the Law
Book SynopsisThe book sheds light on the perhaps most important legal conundrum in the context of sovereign debt restructuring: the holdout creditor problem. Absent an international bankruptcy regime for sovereigns, holdout creditors may delay or even thwart the efficient resolution of sovereign debt crises by leveraging contractual provisions and, in an increasing number of cases, by seeking to enforce a debt claim against the sovereign in courts or international tribunals.Following an introduction to sovereign debt and its restructuring, the book provides the first comprehensive analysis of the holdout creditor problem in the context of the two largest sovereign debt restructuring operations in history: the Argentine restructurings of 2005 and 2010 and the 2012 Greek private sector involvement. By reviewing numerous lawsuits and arbitral proceedings initiated against Argentina and Greece across a dozen different jurisdictions, it distils the organizing principles for ongoing and future Trade ReviewNo issue in sovereign finance has preoccupied the attention of scholars, politicians and lawyers in this century more than the problem of holdout creditors in sovereign debt workouts. Sebastian Grund has given us a magisterial survey of how courts and arbitrators have dealt with the claims of holdout creditors in two of the largest sovereign debt restructurings in history — Argentina and Greece.Lee Buchheit, Honorary Professor, University of Edinburgh School of Law and former Senior Partner at Cleary Gottlieb Steen & HamiltonThis book is a delightful treatment of two of the most important restructurings in the modern history of sovereign debt, Argentina and Greece. While the restructurings and the central problem of holdout creditors manifested themselves in very different ways in the different cases, Grund shows us the lessons we can learn from the commonalities. The treatment of what happened in the particular cases (and there were many) is sure to be invaluable to be both scholars and practitioners.Mitu Gulati, Perre Bowen Professor of Law, University of Virginia School of LawHoldout creditors are a massive impediment to the orderly restructuring of sovereign debt. They are typically investors who’ve bought the debt to profit from the sovereign debtor, not the original lenders to it. This book explores the approaches of an unusually wide range of national courts to this problem, and distils the lessons from the Argentine and Greek restructurings. It sheds light on issues that need it – as those who ultimately pay the price today of these cynical investments are the poorer citizens of poor nations. Ross P Buckley, Scientia Professor & ARC Laureate Fellow, University of New South Wales SydneyTable of ContentsPreface Acknowledgements Acronyms, Abbreviations, and Defined Terms 1 Sovereign Debt and Its Restructuring 1.1. Sovereign Debt – An Overview 1.2. Sovereign Debt Restructuring 1.2.1. Introduction 1.2.2. Definition and Types of Sovereign Debt Restructurings 1.2.3. Legal and Transactional Aspects of Sovereign Debt Restructurings 1.2.3.1. Restructuring Principles and Processes 1.2.3.2. Debt Restructuring Methods 1.2.3.2.1. Debt Restructuring Versus Debt Rescheduling 1.2.3.2.2. Debt Restructuring Techniques: Sticks and Carrots 1.2.3.3. Scope of Debt Restructurings 1.2.3.3.1. Domestic Versus Foreign Sovereign Debt Restructurings 1.2.3.3.2. Creditor Classes, Ranking, and Priority 1.2.4. Holdout Creditor Problems in Sovereign Debt Restructurings 1.2.5. The Evolution of Sovereign Debt Restructuring Practice 2 Holdout Creditor Problems and Foreign Law Debt: The Argentine Debt Restructurings in Courts and Tribunals (2001–2016) 2.1. Argentina’s Sovereign Debt Restructurings (2001–010) 2.1.1. Background 2.1.2. The 2005 Debt Restructuring 2.1.3. The 2010 Debt Restructuring 2.2. Holdout Litigation After Argentina 2.2.1. Holdout Litigation in Foreign Domestic Courts 2.2.1.1. United States 2.2.1.1.1. Lightwater v Argentina 2.2.1.1.2. EM v Banco Central de la Repúlica Argentina 2.2.1.1.3. NML Capital v Argentina2.2.1.2. Germany 2.2.1.2.1. BVerfG Decision of 8 May 2007 2.2.1.2.2. BGH Decision of 25 November 2010 2.2.1.2.3. BGH Decision of 24 February 2015 2.2.1.2.4. BVerfG Decision of 3 July 2019 2.2.1.3. Italy 2.2.1.3.1. Italian Supreme Court (Corte Suprema di Cassazione) 2.2.1.4. United Kingdom 2.2.1.4.1. UK Supreme Court 2.2.1.5. France 2.2.1.5.1. French Supreme Court (Cour de Cassation) 2.2.1.6. Switzerland 2.2.1.6.1. Swiss Federal Supreme Court 2.2.2. Holdout Litigation in International Courts and Tribunals 2.2.2.1. International Tribunal for the Law of the Sea 2.2.2.2. International Court of Justice 2.2.3. Interim Conclusions: Enforcing Sovereign Debt in Foreign Courts 2.2.3.1. Adjudicatory Sovereign Immunity 2.2.3.1.1. The Commercial Activity Exception: ‘Once A Trader Always A Trader’ and the Mixed Activity Conundrum 2.2.3.1.2. Recognition of Foreign Judgements 2.2.3.2. Immunity from Enforcement 2.2.3.2.1. The Immunity of Public Claims from Creditor Attachment 2.2.3.2.2. The Immunity of Central Bank Reserves from Attachment 2.2.3.2.3. ARA Libertad and the Immunity of (Military) Vessels 2.2.3.3. Third-Party Injunctions: A New Super Remedy to Circumvent the Immunity Defence? 2.3. Holdout Arbitration After Argentina 2.3.1. International Investment Arbitration Before ICSID Tribunals 2.3.1.1. Abaclat and Others v Argentine Republic 2.3.1.1.1. Sovereign Bonds as Investment 2.3.1.1.2. Jurisdiction over Mass Claims 2.3.1.1.3. The Dissenting Opinion by Professor Abi-Saab2.3.1.2. Ambiente Ufficio v Argentine Republic 2.3.2. Interim Conclusions 2.3.2.1. Sovereign Bond Arbitration Against Argentina –Producing a Monster? 2.3.2.2. ICSID Jurisdiction and the Rejection of the Salini Test 2.3.2.2.1. Contribution to the Development of the Host State 2.3.2.2.2. Duration 2.3.2.2.3. Risk-Sharing2.3.2.2.4. Territorial Link 2.3.2.2.5. The Admissibility of MassClaims 2.4. Settling a Decade of Holdout Lawsuits Against Argentina 2.4.1. The 2016 Election and Argentina’s Return to International Financial Markets 2.4.2. Settling with the Vulture Holdouts 2.4.3. Settling with the Retail Holdouts 3 Holdout Creditor Problems and Domestic Law Debt: The Greek Debt Restructuring in Courts and Tribunals (2012–2020) 3.1. Introduction 3.2. The Greek Sovereign Debt Crisis: 2009–2015 3.3. The Greek Debt Restructuring of 2012 3.3.1. Debt Restructuring Negotiations: The Role of the Troika and the IIF 3.3.2. Restructuring Greek Law Bonds 3.3.3. Restructuring Foreign Law Bonds 3.4. Holdout Creditor Litigation After Greece in Foreign Courts 3.4.1. Germany 3.4.1.1. BGH Judgment of 8 March 2016 3.4.1.2. BGH Judgment of 19 December 2017 3.4.1.3. BVerfG Judgment of 6 May 2020 3.4.2. Austria 3.4.2.1. OGH Judgment of 20 May 2014 3.4.2.2. OGH Judgment of 27 January 2016 3.4.2.3. OGH Judgements of 25 April 2017 and 22 January 2019 3.4.2.4. OGH Judgment of 21 February 2020 3.4.3. Interim Conclusions 3.4.3.1. Sovereign Immunity in Domestic Law Restructurings 3.4.3.2. (Some) Hypothetical Problems with Enforcing Greek Sovereign Debt in Germany and Austria 3.5. Holdout Litigation After Greece in European Courts 3.5.1. Court of Justice of the EU (CJEU) 3.5.1.1. Accorinti v ECB3.5.1.2. Fahnenbrock v Hellenic Republic 3.5.1.3. Hellenic Republic v Kuhn3.5.2. European Court of Human Rights (ECtHR) 3.5.2.1. Mamatas v Greece 3.5.3. Interim Conclusions 3.5.3.1. Sovereign Debt Restructurings in European Courts: Novel Judicial Challenges 3.5.3.2. The (Tenuous) Link Between Sovereign Immunity and Jurisdiction Under EU Law 3.5.3.3. Jurisdiction Under the Brussels I Regulation 3.5.3.4. Property Right Guarantees for Sovereign Bondholders in Unilateral European Sovereign Bond Restructurings 3.5.3.5. The (Preferential) Treatment of Eurosystem Claims in Euro Area Sovereign Debt Restructurings 3.6. Holdout Arbitration After Greece 3.6.1. Poštová banka v Hellenic Republic 3.6.2. Interim Conclusions: Closing Pandora’s Box? 4 Holdouts in Foreign Versus Domestic Law Debt Restructurings: Walking Back from Argentina and Greece 4.1. Introduction 4.2. The Role of Governing Law in Sovereign Debt Restructurings 4.3. The Legal Basis for Sovereign Debt Instruments: Contracts Versus Statutes 4.4. Sovereign Immunity Revisited 4.5. The Protection of Sovereign Creditors’ Property Rights 5 A Genealogy of Holdout Creditors: The Future of Sovereign Debt Restructuring 5.1. The Proliferation of Holdout Creditors 5.2. Private Sector Holdouts 5.2.1. Vulture Funds 5.2.2. Banks 5.2.3. Asset Management Funds (Real Money Investors) 5.2.4. Retail Investors 5.2.5. Commodity Traders 5.3. Official Sector Holdouts 6 Concluding Remarks Bibliography Statutes, Treaties, and Judicial Authorities Index
£37.99
Taylor & Francis Ltd Sewerage and Sewage as an Environmental Health
Book SynopsisThis book examines the increasingly prevalent issues around sewerage and sewage and explores what environmental health practitioners (EHPs) can contribute to addressing this issue and what further action is required.The book sets out an analysis of the contents of raw sewage, including what should not be flushed away, explaining that householders who flush non-flushable products into the sewerage system contribute to the problem (and also give the water and sewerage companies an excuse). The work explains the terminology used and will also examine the legal issues that have arisen from failure of the UK sewerage system to operate or be operated as intended to protect public health. The operation of the privatised water and sewerage companies in England and Wales and the regulatory system to which they are supposedly subject is scrutinised along with an examination of what EHOs/EHPs can do to address the problems that lead to sewage from homes and businesses polluting thTable of ContentsTable of CasesSeries PrefaceIntroductionChapter 1 Sewage, sewerage, definitions, terms, and important agenciesChapter 2 Public health and environmental risks from sewage pollution of the environmentChapter 3 The legal framework and casesChapter 4 Who makes sure legal obligations are met? Chapter 5 The future - what more is being, or can be done?
£99.75
Taylor & Francis Ltd Damages Recoveries and Remedies in Shipping Law
Book SynopsisThis edited volume brings together contributions from experienced academics and practitioners in shipping law to consider the crucial subject of remedies in shipping litigation.The collection takes a close look at the established principles and recent legal, commercial and technical developments in the area of remedies in shipping law. It is divided into three parts. The first part focuses on fundamental common law principles concerning damages, including approaches to topics such as damages for delay and what happens when a charter is thrown over early; the reflective loss rule; mitigation; and the problem of cryptocurrency. The second part considers technology and how it affects contracts and remedies, including the use of new technologies and the development of new liability regimes. The third part explores contractual remedies other than simple compensatory damages, considering issues such as limitation of liability, punitive damages, specific remedies, third party claimsTable of ContentsPart I. Damages: Fundamental Principles and New Frontiers 1. Limitations to and Deductions from Contractual Damages 2. The Reflective Loss Doctrine and Shipping Law: Can We Write It Off yet? 3. Mitigation – Is it Relevant when Assessing Damages for Breach of Charterparty? 4. Prospects of Recovering Damages for Delay in Shipping Cases 5. Limits on a Shipowner’s Right to Refuse Early Redelivery of a Time-Chartered Vessel 6. Ship Seller’s Potential Duty of Care in respect of Buyer’s Dismantling of Vessel 7. Judgments in Bitcoin? Part II. Emerging Liability Regimes and Damages 8. Remedies for Smart Legal Contracts: Rectification and Rescission Reconsidered 9. The Internet of Things in the Commercial Insurance Context – A Case for Regulation, or for Commercial Shrewdness and Judicial Creativity? 10. Digital Banking and Liability Issues 11. Control Centres in the Context of Unmanned Ship Operations – Their Status and Potential Liabilities 12. Shipping Operators’ Obligations & Liabilities under the International and EU Emission Reduction Strategy 13. Damages for Late Payment of Insurance Claims Part III. Other Remedies and Third Parties 14. Specific Remedies in Shipping – Specific Performance, Specific Enforcement and the interaction of ‘Negotiating Damages’ 15. The Rebirth of the European "Anti-Suit Injunction" Issue Post-Brexit 16. Punitive Damages in Maritime Cases – A View from Across the Pond 17. Limitation of Liability – New Trends 18. Am I My Brother’s Keeper? Liability in Tort for the Acts of Third Parties 19. Third Party Loss in Carriage of Goods by Sea
£199.50
Taylor & Francis Corporate Governance and Statutory Derivative Actions
Book SynopsisThis book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the United Kingdom, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a 20-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australiaâs statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book is also useful for countries that already have their local variants of the statutory derivative action that are considering revising their existing Table of Contents1. Introduction 2. The Need for Statutory Derivative Action and Its Current Problems 3. An Empirical Study of The Statutory Derivative Action in Australia 4. Rethinking The "Good Faith" Requirement in Statutory Derivative Action 5. The "Best Interests of The Company" Requirement in Statutory Derivative Action – Is There a Need for Amendment? 6. Uncertainty in the Recovery of Costs 7. Inspection Of Company Books and Other Factors Affecting the Use of SDA 8. Summary and Conclusion. Bibliography. Appendix A: Corporations Act 2001 (C’th) (Australia), ss.236 – 236 Appendix B: Companies Act 1993 (New Zealand), ss.165-168 Appendix C: Companies Act 1993 (Chapter 50, 2006 Edition) (Singapore), ss.216A – 216B Appendix D: Business Corporations Act RSC 1985 Chapter C-44 (Canada), ss.238 – 240 Appendix E: Business Corporations Act SBC 2002, Ch 57 (British Columbia), ss.232–233 Appendix F: Companies Act 2006 (United Kingdom), ss.260 – 264
£128.25
Taylor & Francis Ltd International Workplace Discrimination Law
Book SynopsisWith contributions from top legal scholars, this edited collection provides an international overview of the most up-to-date issues and new trends in law regarding employment discrimination in different countries. Confronting the US, the UK, and Japan on the one hand, with the EU jurisdictions, namely Italy, France, Spain, Greece, Hungary, Slovak Republic and the Czech Republic on the other hand, this book pays special attention to the most significant changes to law in these countries and ongoing challenges they face. The monograph is complementary to a former one entitled Discrimination and Employment Law: International Legal Perspectives, Joseph Carby-Hall, Zbigniew Góral and Aneta Tyc (eds.), Routledge 2023, and at the same time works as a separate volume. Adopting a problem-solving approach, this monograph offers an in-depth analysis of both anti-discrimination statutory law and of a growing and still developing corpus of case law. This book will appeal to students, academics aTable of ContentsList of ContributorsForeword by Stephen HardyList of Abbreviations International Workplace Discrimination Law: An Introduction, Jo Carby-Hall, Zbigniew Góral and Aneta Tyc Part I. Discrimination Employment Law in Southern European Union Countries Anti-discrimination Law in the Italian Courts: the new frontiers of the topic in the age of algorithms, Raffaello Santagata De Castro Anti-discrimination Employment Law in France, Loïc Lerouge The Right to Non-discrimination in Employment in the Kingdom of Spain, Jaime Cabeza Pereiro Prohibition of employment-related discrimination in the Greek legal order, Ioannis Stribis Part II. Discrimination Employment Law in Central European Union Countries More equal than "others"…? The Hungarian Experience with "Other Status" as a Protected Characteristic in Terms of Discrimination in Employment, Szilvia Halmos Overcoming the Persisting Scepticism with Equality. Equal treatment in employment: The Czech perspective, Kristina Koldinská, Jakub Tomšej Discrimination in Employment in the Slovak Republic, Marcel Dolobáč Part III. Discrimination Employment Law in non-European Union Countries Sexual harassment in the British workplace, Jo Carby-Hall Employment Discrimination Law in the United States: Strengths and Weaknesses, Risa L. Lieberwitz Employment Discrimination Law in Japan: History and recent developments, Ryoko Sakuraba 12. International Workplace Discrimination Law: Concluding Remarks and Appraisal, Jo Carby-Hall, Zbigniew Góral and Aneta Tyc
£128.25
Taylor & Francis From Safety to Safely
Book SynopsisThe conventional interpretation of safety, known as Safety-I, denotes a condition where as little as possible goes wrong, and the focus of practical efforts in management or analysis is on the occurrence of unacceptable outcomes and on how to reduce their number to an acceptable level, ideally zero. The emphasis is therefore on how to manage safety as such, as seen in the ubiquitous safety management systems (SMS). As Professor James Reason astutely points out, this raises the interesting question of how it is possible to learn about something, let alone manage it, if it is studied only in situations in which it is absent? The solution proposed by and described in this book is to stop using safety as a noun, and instead use it as an adverb: safely.Now often referred to as Safety-II, this solution is the logical consequence of resilience engineering and will require new methods, several of which already exist and have proved their worth in practice for years. The question ceas
£34.19
Taylor & Francis Commercial Disputes
Book SynopsisRemedies are vital in commercial litigation. Additionally, in commercial law, parties are usually free to choose the forum and law that will govern their disputes. This book aims to shine the spotlight on these issues and look to several new trends and developments emerging on procedural matters relating to dispute resolution. The discussions range freely over national, international, and EU legal dimensions, and the book also comes at an opportune time, with the post-Brexit jurisdiction landscape becoming more definable.This edited volume presents contributions from highly expert and experienced academics and practitioners, collectively examining a broad range of areas relating to the complex and time-consuming issues of resolution and jurisdiction of commercial disputes. The book is divided into three parts: arbitration and ADR, jurisdiction and procedure, and choice of law. Key topics featured include summary procedures in London Maritime Arbitration, reformation of the Ar
£199.50
Taylor & Francis Life Lessons for Lawyers
Book SynopsisThis book draws on the authorâs professional experience and published works in the areas of leadership, philosophy, psychology and management (amongst others) to discuss the âsofterâ qualities of being a good lawyer â qualities which are not taught or widely documented, such as humility, confidence, personal relationships and our dreams and vision.The book demonstrates that we can be individuals within the law and outlines qualities that can both enrich our work and our souls. A theme throughout many of the chapters is to encourage us to think and act differently to what we may have been taught, what others expect or what we ourselves believe. To know that regardless of our strengths and weaknesses, we are unique individuals in the law. This book offers wisdom and pragmatic support for lawyers and anyone involved with the law.Covering a range of issues, it includes advice on: Maintaining oneâs passions inside and outside law Dealing with perfection
£31.34
Taylor & Francis Forensic Archaeology 4vol. set
Book SynopsisRecent years have witnessed a surge of interest in the application of archaeological knowledge and methodology to medico-legal issues. Forensic Archaeology has rapidly emerged as a vital speciality. This new four-volume collection from Routledge, assembled and introduced by a transatlantic editorial team, brings together foundational and cutting-edge major works to enable users to make sense of a vastand rapidly growingcorpus of scholarship.The gathered materials have been carefully selected to highlight the key issues and debates in the development and contemporary practice of Forensic Archaeology. It is certain to be welcomed as a vital one-stop research tool.
£1,140.00
Taylor & Francis Ltd Beginning Land Law
Book SynopsisWhether you're new to higher education, coming to legal study for the first time or just wondering what Land Law is all about, Beginning Land Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Land Law module with confidence.Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Sarah King breaks the subject of Land Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.Beginning Land Law is an ideal first introduction to the subject fTable of Contents1. An introduction to land law 2. The foundations of land law 3. An introduction to registered land 4. Unregistered land 5. Co-ownership 6. Leaseholds 7. Adverse possession 8. Easements 9. Freehold covenants 10. Mortgages
£36.99
Taylor & Francis Routledge International Handbook of Childrens
Book SynopsisSince the adoption of the UN Convention on the Rights of the Child (1989) childrenâs rights have assumed a central position in a wide variety of disciplines and policies. This handbook offers an engaging overview of the contemporary research landscape for those people in the theory and practice of childrenâs rights. The volume offers a multidisciplinary approach to childrenâs rights, as well as key thematic issues in childrenâs rights at the intersection of global and local concerns. The main approaches and topics within the volume are:â Law, social work, and the sociology of childhood and anthropologyâ Geography, childhood studies, gender studies and citizenship studiesâ Participation, education and healthâ Juvenile justice and alternative careâ Violence against children and female genital mutilationâ Child labour, working children and child povertyâ Migration, indigenous children and resource exploitationThe specially Table of Contents1. Introduction: A critical approach to children’s rights, Didier Reynaert, Ellen Desmet, Sara Lembrechts and Wouter Vandenhole Part 1. Disciplinary perspectives 2. Children’s rights from a legal perspective: Children’s rights law, Wouter Vandenhole 3. The Convention on the Rights of the Child: Reflections from a historical, social policy and educational perspective, Eugeen Verhellen 4. Children’s rights and childhood studies: From living apart together to a happy marriage, Bruno Vanobbergen 5. Children’s rights and the sociology of childhood, Berry Mayall 6. Children’s rights from a social work perspective: Towards a lifeworld orientation, Didier Reynaert and Rudi Roose 7. Children’s rights from an anthropological perspective: Critiques, resistances and powers, Geraldine André 8. Children’s rights from a critical geographic perspective, Stuart Aitken 9. Children’s rights and gender studies: Gender, intersectionality and the ethics of care, Katrien De Graeve 10. Children’s rights and citizenship studies: Re-theorising child citizenship through transdisciplinarity from the local to the global, Richard Mitchell Part 2. Selected themes at the intersection of the global and the local 11. Children and young people’s participation, Kay Tisdall 12. Education and children’s rights, Ann Quennerstedt 13. Health and children’s rights, Ursulla Kilkelly 14. Juvenile justice from a children’s rights perspective, Ton Liefaard 15. The human rights of children in the context of formal alternative care, Nigel Cantwell 16. Violence against children, Gertrud Lenzer 17. Female genital mutilation in Europe from a children’s rights perspective, Els Leye and Annemarie Middelburg 18. Child labour, working children and children’s rights, Karl Hanson, Diana Volonakis and Mohammed Al-Rozzi 19. The human rights of children in the context of international migration, Pablo Ceriani Cernadas 20. Child poverty in the context of global social development, Francine Mestrum 21. Indigenous children’s rights: Opportunities in appropriation and transformation, Natasha Blanchet-Cohen 22. Natural resource exploitation and children’s rights, Ellen Desmet and José Aylwin 23. Conclusions: Towards a field of critical children’s rights studies, Ellen Desmet, Sara Lembrechts, Didier Reynaert and Wouter Vandenhole.
£43.99
Taylor & Francis Sexualised Crimes Armed Conflict and the Law
Book SynopsisFrom ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents.This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects womenâs experiences, as well as the nature of the crimes. In addition to deepTable of Contents1. Introduction2. Theories and Methods3. Theories and Legislative Histories of War Wape and Forced Marriage4. The Dynamics of the ICC Negotiations: Actors’ Identities, Influences and Methods5. The ICC Negotiations of War Rape and Forced Marriage6. The Women’s Caucus’ Understanding of Forced Marriage7. The Arab Block’s Proposal8. Conclusion
£128.25
Taylor & Francis The Mediation Handbook
Book SynopsisThe Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times.Based on four signature themescontexts; skills and competencies; applications; and recommendationsthe handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With Trade Review"Mediation has burst its banks and spilled over into many fields. It is no longer a meandering stream or a quiet backwater. It has left behind romantic beginnings and entered many new waterways. Read this book and be carried along in the surge." John Winslade, California State University—San Bernardino, USA"In The Mediation Handbook, we have a wonderful new resource that provides insight from some of the most innovative thinkers and practitioners in the mediation world. Drawing on the best lessons of the past and a broad vision of the demands of the future, the handbook offers a wide range of practical approaches for deepening and extending the reach of mediation in the twenty-first century."Bernie Mayer, Creighton University, CanadaTable of Contents Introduction: Revealing the World of Mediation Alexia Georgakopoulos Part I: Promoting Dynamic Mediation in the New Age Mediation Career Trends through Time: Exploring Opportunities and Challenges Craig Zelizer & Colleen Chiochetti Online Technology: The New Frontier for Mediation and Conflict Engagement Daniel Rainey & Alan Tidwell Story-Based Inter-Group Mediation Jessica Senehi The Intersection of Improv and Mediation Farshad Farahat, Charles Goesel & Alexia Georgakopoulos Value-Centered Mediation: The Centrality and Use of Meaning and ValuesMark Kleiman Electronic Mediation Daniel Druckman & Sabine T. Koeszegi Mediation and Spirituality Zena D. Zumeta Part II: Mediating in Relational Settings Transformative Mediation: Illustrating a Relational View of Conflict InterventionJoseph P. Folger & Dan Simon Narrative Mediation of Family Conflict John Winslade Victim Offender Mediation: A Humanistic Approach Mark Umbreit & Toran Hansen Brain Science Behind Mediating Relational Conflicts Thomas DiGrazia Mindfulness in Mediation as a Relational Practice Ran Kuttner Mediation and Collaboration with Multiple Disciplines: The Implementation of Systemic Theory in Alternative Dispute Resolution Tommie Boyd & Randy Heller Dynamic Mediation: Integrating Forgiveness John Zivojinovic Part III: Mediating in Organizational and Institutional Settings Mediation Within and Between Organizations Christopher Moore Organizational Conflict Management Systems: The Emergence of Mediators as Conflict Resolution Professionals Alexia Georgakopoulos, Harold Coleman, Jr. & Rebecca Storrow Effectiveness of Mediation in the State Agency Grievance Process Jessica Katz Jameson, RaJade M. Berry-James, Dennis M. Daley & Jerrell D. Coggburn The Prison of Peace Project: A Model for Community Transformation Douglas E. Noll Mediation and Dispute Resolution Services in Higher Education Neil H. Katz Mediation as a Tool for Resolvng Workplace Conflicts LaVena Wilkin Health Care Mediation: Promoting Workplace Collaboration and Patient Safety Robin Cooper Institutional Mediation and Access to Justice in the State Court System of the United States Rebecca Storrow Part IV: Mediating in Community Settings Promoting Peaceful Communities: The Challenges and Benefits of Community-Police Mediation Evan Hoffman Sustaining Peer Mediation: Remaining Challenges and Opportunities for Peace Educators Cheryl Duckworth Encouraging Effectiveness through Communication Competence in Community Mediation Brian L. Heisterkamp The Space of Conflict: Aesthetic Lessons for Mediators Dorit Cypis From Peers to Parents: Transferring Peer Mediation Skills from School to Family Vitus Ozoke Part V: Mediating within Environmental Settings Conflict, Climate Change, and Environmental Catastrophe: How Mediators Can Help Save the Planet Kenneth Cloke Mediators as Leaders in Climate Change: The Power of Neutrality Thomas Fiutak The Role of Mediation in Large-Scale Collaborative Initiatives Marcelle E. DuPraw Mediation at the Nexus of Climate Change and Conflict Oliver Leighton Barrett The Public Sector as Mediator: The Role of Public Institutions in Environmental Collaborations and Conflict Resolution William Hall & Michael Kern Part VI: Mediating in International and Intercultural Settings Thinking Locally, Acting Globally: Mediating Beyond Borders and Integrated Global Capacity Building Kenneth Cloke International Multiparty Mediation Siniša Vuković Exploring International Mediation: Past, Present and Beyond Lynn Cole Culture, Religion, and Politics in International Mediation Mohammed Abu-Nimer & Timothy Seidel International Mediation: Some Observations and Reflections Sean Byrne Success and Failure of International Mediation: Examining Causes and Conditions that Impede or Assist Process Success Brian Polkinghorn, Anthony Yost & Matt Swiderski Mediation and the Challenge of Fostering Reconciliation in Ethno-Political Disputes: The Case of Guyana Perry Mars, Frederic Pearson & Marie Olson-Lounsbery Mediating in the Shadow of Conflict: United States Special Operations Forces in Unconventional Warfare Christian Ramthun, Raffi Mnatzakanian & Patrick James Christian Religion and Mediation: Strange Bedfellows or Natural Allies? S. Ayse Kadayifci-Orellana Mediating Peacebuilding in Protracted Conflicts: An Interactive Design Framework Benjamin Broome Conclusion: The Future of Mediation in a Changing World George A. Lopez
£65.54
Taylor & Francis Ltd International Trade and Carriage of Goods
Book SynopsisThis book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Lawâs 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters cTrade Review'Mr Rainey’s analysis...is masterly. ...it would be difficult to find a clearer picture of a notoriously complex part of the Rotterdam Rules than the one painted by Professor Sturley. ...these pages will provide guidance and perspective both to practising and academic lawyers bent on an orderly analysis of this complex area of business.' Charles Debattista, Journal of International Maritime Law Table of ContentsPart 1: Contemporary Issues in International Sale Contracts 1. What Is A Reasonable Contract of Carriage for CIF/CIP purposes? – Section 32(2) of the Sale of Goods Act 1979 [Ruth Hosking] 2. Slow Steaming Clauses and International Sale Contracts: A Successful Marriage? [Dr Theodora Nikaki] 3. Laytime and Demurrage in CIF and FOB Contracts [Professor Simon Baughen] Part 2: Carriage and Sales 4. "Who’s Doing What and for Whom?" Recent Developments on Delegated Contractual Performance [Simon Rainey QC] 5. Consignees’ Rights under the Rotterdam Rules [Professor Michael F. Sturley] 6. Consignees' Rights in European Legal Systems [Frank Stevens] 7. Discrepant Declarations about Containerised Goods "… in the middle of a chain reaction" [Professor Olivier Cachard] 8. Letter of Indemnity against Delivery without Bill of Lading [Professor Richard Williams] 9. The Rising Tide of Paperless Trade: Analyzing the Legal Implications [Dr Miriam A. Goldby]Part 3: Payment and Security Part 3: Payment and Security 10. Economic Sanctions and Letters of Credit in International Transactions [Damian Honey and Michael Buffham] 11. Islamic Letters of Credit – Square Peg in a Round Hole [Professor Jason Chuah] 12. Do I Want My Documents back? A Documentary Credit Dilemma [Stuart Shepherd] 13. Lending on Waybills and Other Documents- Banker’s Dream or Financier’s Nightmare [Professor Andrew Tettenborn] Part 4: Contemporary issues in Cargo Insurance Part 4: Contemporary issues in Cargo Insurance 14. Cargo Insurance and open Covers [Peter MacDonald Eggers QC] 15. The ICC Transit Clause- Developments and Faultlines [Sara Cockrill QC] 16. Insuring Cargoes in the New Era- Impact of the Insurance Act 2015 on Standard cargo Clauses/Wordings [Professor B. Soyer]
£356.25
Taylor & Francis Ltd Corporate Accountability under SocioEconomic
Book SynopsisIn recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent.In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scoTable of ContentsForeword - Paolo Davide FarahAcknowledgements PART IFundamental concepts and historical context1 Corporate accountability for socio-economic rights: introductory remarks2 The historical development of corporate accountability for socio-economic rights 3 Globalization, investment and the socio-economic environment 4 Business, socio-economic rights and good practices PART IICorporate accountability for socio-economic rights 5 Corporate human rights obligations under socioeconomic rights6 Corporate human rights obligations under specific socio-economic rights 7 Access to justice for victims of socio-economic rights violationsPART IIICorporate accountability for socio-economic rights and case studies8 Corporate accountability concerning socio-economic rights in Cambodia9 Corporate accountability concerning socio-economic rights in China10 Corporate accountability concerning socio-economic rights in ColombiaPART IVProposals for reform 11 Conclusions and recommendations Index
£128.25
Taylor & Francis Ltd Borders Fences and Walls
Book SynopsisTwenty years after the fall of the Berlin Wall, the question remains 'Do good fences still make good neighbours'? Since the Great Wall of China, the Antonine Wall, built in Scotland to support Hadrian''s Wall, the Roman 'Limes' or the Danevirk fence, the 'wall' has been a constant in the protection of defined entities claiming sovereignty, East and West. But is the wall more than an historical relict for the management of borders? In recent years, the wall has been given renewed vigour in North America, particularly along the U.S.-Mexico border, and in Israel-Palestine. But the success of these new walls in the development of friendly and orderly relations between nations (or indeed, within nations) remains unclear. What role does the wall play in the development of security and insecurity? Do walls contribute to a sense of insecurity as much as they assuage fears and create a sense of security for those ''behind the line''? Exactly what kind of security is associated with border wallsTrade Review’Contrary to what we have been told by the globalization theorists that the world has become deterritorialized and borderless, the past decade has seen an upsurge in the construction of new fences and walls as part of the inter-state borders within the international system. This is largely due to the sense of fear of the outsider in a post 9/11 world. Part of this is real, much of it is a social construction which enables governments to justify the establishment of new border fences as a means of keeping out the alien and controlling their own territory. The collection of chapters in this book highlights diverse aspects of the ways in which walls and fences function in a globalized world, covering regions as far apart as America and Spain, and from the West Bank to Africa. The book is to be recommended for all students of the renaissant discipline of border studies.’ David Newman, Ben Gurion University, Israel and Editor, Geopolitics ’Notwithstanding all the post-Cold War endist illusions, the contemporary world political map is marked by a growing number of boundaries and walls. This book presents an important aid in the understanding of this far from painless process. This set of contributions edited by Elisabeth Vallet moves a step towards a theory of walled borders, introducing at the same time a wide array of different case studies.’ Elena dell’Agnese, Università di Milano-Bicocca, Italy ’With its rich collection of contributions, this volume illustrates the diversity amongst physical borders in different parts of the world. It is an important and very welcome addition to the border studies literature.’ Emmanuel Brunet-Jailly, University of Victoria, CanadaTable of ContentsContents: Introduction, Elisabeth Vallet. Part I Insecurity and Borders in Europe and North America: The Mediterranean Sea as a European border: trans-Mediterranean migration, forced return and violation of fundamental rights, Maria Chiara Locchi; The Canary Islands' 'maritime wall': migration pressure, security measures and economic crisis in the mid-Atlantic, Josefina Dominguez-Mujica, Ramon Diaz-Hernandez and Juan Parreno-Castellano; A community of borders, borders of the community: the EU's Integrated Border Management Strategy, Denis Duez; Border games: from duel to Russian Roulette at the border, Markus Heiskanen; Borders, bordered lands and borderlands: geographical states of insecurity between Canada and the United States and the impacts of security primacy, Victor Konrad. Part II Towards a Theory of Border Walls?: Walls and borders in a globalized world: the paradoxical revenge of territorialization, Jean-Jacques Roche; Border fences in the globalizing world: beyond traditional geopolitics and post-positivist approaches, Serghei Golunov; Is the wall soluble into international law?, Jean-Marc Sorel; Walls of money: securitization of border discourse and militarization of markets, Elisabeth Vallet and Charles-Philippe David. Part III Fenced Borders in the Twentieth and Twenty-First Centuries: Walls and access to natural resources, Sabine Lavorel; Border fences as an anti-immigration device: a comparative view of American and Spanish policies, Said Saddiki; Walls, sensors and drones: technology and surveillance on the US-Mexico border, Rodrigo Nieto-Gomez; Technologies, practices and the reproduction of conflict: the impact of the West Bank barrier on peace building, Christine Leunberger; Towards a high-tech 'limes' on the edges of Europe? Managing the external borders of the European Union, Vincent Boulanin and Renaud Bellais; Towards the wall between Nogales, Arizona and Nogales, Sonora, Irasema Coronado; Border wall as architecture, Ronald Rael. Index.
£43.99
Taylor & Francis Ltd Ethics in Criminal Justice
Book SynopsisIntroducing the fundamentals of ethical theory, Ethics in Criminal Justice: In Search of the Truth, Seventh Edition, exposes the reader to the ways and means of making moral judgments by exploring the teachings of the great philosophers, sources of criminal justice ethics, and ethical issues in the criminal justice system. It is presented from two perspectives: a thematic perspective that addresses ethical principles common to all components of the discipline, and an area-specific perspective that addresses the state of ethics in criminal justice in the fields of policing, corrections, and probation and parole. The seventh edition features discussion of current critical issues in criminal justice: accusations of racism, police shootings, stop and frisk policy, marijuana laws, mass incarceration, life sentences, prison privatization, the swift and certain deterrence model of probation, excessive probation fees, and the Good Lives Model in corrections. The seventh editTrade ReviewDr. Souryal…strikes a good balance between presenting the groundwork of general ethics and leading students to an understanding of how to discern, think about, and apply principles of practical rationality in criminal justice professions.Scott A. Hunt, Professor, School of Justice Studies, College of Justice & Safety, Eastern Kentucky University, Richmond, KYThis text works really well to expand the discussion of ethics in the criminal justice field and how we can bring ethical behavior into a profession that needs that supportive base in order to be effective in the current societal climate.Roger Bonner, Criminology Program Director, University of Saint Mary , Leavenworth, KSTable of Contents1. Acquainting Yourself with Ethics: A Tour of the Ethics Hall of Fame; 2. Familiarizing Yourself with Ethics: Nature, Definitions, and Categories; 3. Understanding Criminal Justice Ethics: Sources and Sanctions; 4. Meeting the Masters: Ethical Theories, Concepts, and Issues; 5. The Ambivalent Reality: Major Unethical Themes in Criminal Justice Management; 6. Lying and Deception in Criminal Justice; 7. Racial Prejudice and Racial Discrimination; 8. Egoism and the Abuse of Authority; 9. Misguided Loyalties: To Whom, to What, at What Price?; 10. Ethics of Criminal Justice Today: What Is Being Done and What Can Be Done?; 11. Ethics and Police; 12. Ethics and Corrections (Prisons); 13. Ethics of the Courts, Probation, and Parole; 14. The Truth Revealed: Enlightenment and Practical Civility Minimize Criminality
£147.25
Taylor & Francis Ethics in Criminal Justice
Book SynopsisIntroducing the fundamentals of ethical theory, Ethics in Criminal Justice: In Search of the Truth, Seventh Edition, exposes the reader to the ways and means of making moral judgments by exploring the teachings of the great philosophers, sources of criminal justice ethics, and ethical issues in the criminal justice system. It is presented from two perspectives: a thematic perspective that addresses ethical principles common to all components of the discipline, and an area-specific perspective that addresses the state of ethics in criminal justice in the fields of policing, corrections, and probation and parole. The seventh edition features discussion of current critical issues in criminal justice: accusations of racism, police shootings, stop and frisk policy, marijuana laws, mass incarceration, life sentences, prison privatization, the swift and certain deterrence model of probation, excessive probation fees, and the Good Lives Model in corrections. The seventh editTrade ReviewDr. Souryal…strikes a good balance between presenting the groundwork of general ethics and leading students to an understanding of how to discern, think about, and apply principles of practical rationality in criminal justice professions.Scott A. Hunt, Professor, School of Justice Studies, College of Justice & Safety, Eastern Kentucky University, Richmond, KYThis text works really well to expand the discussion of ethics in the criminal justice field and how we can bring ethical behavior into a profession that needs that supportive base in order to be effective in the current societal climate.Roger Bonner, Criminology Program Director, University of Saint Mary , Leavenworth, KSTable of Contents1. Acquainting Yourself with Ethics: A Tour of the Ethics Hall of Fame; 2. Familiarizing Yourself with Ethics: Nature, Definitions, and Categories; 3. Understanding Criminal Justice Ethics: Sources and Sanctions; 4. Meeting the Masters: Ethical Theories, Concepts, and Issues; 5. The Ambivalent Reality: Major Unethical Themes in Criminal Justice Management; 6. Lying and Deception in Criminal Justice; 7. Racial Prejudice and Racial Discrimination; 8. Egoism and the Abuse of Authority; 9. Misguided Loyalties: To Whom, to What, at What Price?; 10. Ethics of Criminal Justice Today: What Is Being Done and What Can Be Done?; 11. Ethics and Police; 12. Ethics and Corrections (Prisons); 13. Ethics of the Courts, Probation, and Parole; 14. The Truth Revealed: Enlightenment and Practical Civility Minimize Criminality
£58.99
Taylor & Francis From Social Harm to Zemiology
Book SynopsisThis book outlines key developments in understanding social harm by setting out its historical foundations and the discussions which have proliferated since. It examines various attempts to conceptualise social harm and highlights key sites of contestation in its relationship to criminology to argue that these act as the basis for an activist zemiology, one directed towards social change for social justice. The past two decades have seen a proliferation of debate related to social harm in and around criminology. From climate catastrophe and a focus on environmental harms, unprecedented deaths generating focus on border harms and the coronavirus pandemic revealing the horror of mass and arguably avoidable deaths across the globe, critical studies in social harm appear ever more pressing. Drawing on a range of international case studies of cultural, emotional, physical and economic harms, From Social Harm to Zemiology locates the study of social harm in an accessible fTrade ReviewThe book introduces Zemiology as a discipline that lies beyond the 'toxic language' of conventional criminology and makes the study of social harm a concern of all scholar-activists. Zemiolgy alerts scholar-activists to the fact that lots of harms around the world are legally imposed. The authors conclude that the pursuit of corporate profits at the expense of human needs is the main driver of social harms. They call for the abolition of capitalism as part of efforts towards harm-reduction. Biko Agozino, Professor of Sociology and Africana Studies, Virginia Tech.This book is timely and provides an easily accessible, theoretical and empirical introduction to zemiology, the discipline that seeks to unearth harmful structures, policies, decisions and practice to generate changes to confront them. After a pedagogical introduction covering the arguments in favour of zemiology as a discipline of its own, the book unpacks theoretical and empirical demonstrations that clearly underline the field’s justification. As the authors state; Zemiology requires a rethink about the lens through which we view the world in which we live. This is an important book for students and others who want to look beyond criminology to understand, analyse and act against harms. Ragnhild Sollund, Professor at the University of Oslo.The book introduces Zemiology as a discipline that lies beyond the 'toxic language' of conventional criminology and makes the study of social harm a concern of all scholar-activists. Zemiolgy alerts scholar-activists to the fact that lots of harms around the world are legally imposed. The authors conclude that the pursuit of corporate profits at the expense of human needs is the main driver of social harms. They call for the abolition of capitalism as part of efforts towards harm-reduction. Biko Agozino, Professor of Sociology and Africana Studies, Virginia TechThis book is timely and provides an easily accessible, theoretical and empirical introduction to zemiology, the discipline that seeks to unearth harmful structures, policies, decisions and practice to generate changes to confront them. After a pedagogical introduction covering the arguments in favour of zemiology as a discipline of its own, the book unpacks theoretical and empirical demonstrations that clearly underline the field’s justification. As the authors state; zemiology requires a rethink about the lens through which we view the world in which we live. This is an important book for students and others who want to look beyond criminology to understand, analyse and act against harms. Ragnhild Sollund, Professor at the University of OsloTable of ContentsPreface: Paddy Hillyard Introduction: Social Harm Matters 1.Understanding Social Harm 2.Towards Social Harm and Zemiology 3.A Provisional Typology of Harm 4.The Relations and Ontologies of Harm 5.Doing Zemiology Conclusion: Activist Zemiology for Social Justice
£36.99
Taylor & Francis Ltd Optimize English Legal System
Book Synopsis?[Optimize is] ideal for undergraduate students at all levels. The content is of a high standard, easy to read and understand. The materials are very catching and easy on the eye making it easy to read and digest the materials?an essential study tool for all law students'' - George Ellison, Derby?I am really impressed?the strengths are the user friendly format, clear explanations, helpful diagrams/flowcharts and appropriate suggestions for analysing the issues concerned? - Katherine Davies, NorthumbriaThe Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details o using diagrams and tables throughout to demonstrate how the law fits togetherContextualise your knowledge o identifying and explaining how to apply legal principles for important cases o providing revision advice to help you aim higher in essays and examsTrade Review‘[Optimize is] ideal for undergraduate students at all levels. The content is of a high standard, easy to read and understand. The materials are very catching and easy on the eye making it easy to read and digest the materials…an essential study tool for all law students’ - George Ellison, Senior Lecturer in Law, University of Derby‘I am really impressed by the book…the strengths are the user friendly format, clear explanations, helpful diagrams/flowcharts and appropriate suggestions for analysing the issues concerned’ - Katherine Davies, Senior Lecturer, Northumbria University‘I really liked the topics 'maps' at the start of each section, it's helpful for students to see how each topic links with each other. The visual features of the book are brilliant, as I find so many students to be visual learners. The revision objectives are great to demonstrate to the student exactly what they should know before the exam. ‘- Hayley Roberts, Lecturer in Law, Bangor University‘Comprehensive, but concise…the main strength of the publications are the excellent summaries/overviews, and maps of the relevant points.’ - Bogusia Puchalska, Senior Lecturer, UCLAN‘As a revision guide, I can see this text as an invaluable student companion. It contains a variety of student-friendly features. In particular, the ‘chapter maps’ and summaries of the key cases, which are presented in a table/diagram format, stand out. The use of everyday examples will help students to put into context the concepts/principles they’ve learnt about. ‘Common pitfalls’ and ‘aim higher’ are excellent features too, enabling students to develop their understanding of the topics. Pitched at the appropriate level…the text is written in a simple, straightforward style, making it easy for students to understand.’ - Andrea Cerevkova, Senior Lecturer in Law, Edge Hill University‘…presented in a very attractive and eye catching way. Strengths are the copious use of flowcharts and the sufficient depth of explanation.’- Keith Gompertz, Senior Lecturer in Property Law, Coventry University‘I think this format helps concentrate the student mind onto key issues in revision. - Prof. Chris Gale, Bradford University Law SchoolTable of Contents1. Introduction 2. Human Rights and the Rule of Law 3.Sources of Law I - Legislation, EU Law and Statutory Interpretation. 4. Sources of Law II - The Common Law, Equity and Judicial Precedent 5. Civil Justice 6. Alternative Dispute Resolution 7. Criminal Justice 8. The Judiciary 9. Juries 10. Funding of Legal Services 11. Preparing for the Exam
£171.00
Taylor & Francis Ltd QA Evidence
Book SynopsisRoutledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to:Plan your revision and know what examiners are looking for:Introducing how best to approach revision in each subjectIdentifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answerUnderstand and remember the law:Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answerGain marks and understand areas of debate:Providing revision tips and advice to help you aim higher in essays and examsHighlighting areas that are contentious and on which you will need to form an opinionAvoid common errors:Identifying common pitfalls students encounter in claTable of Contents1 Basic Concepts 2 Burden and Standard of Proof 3 Presumptions, Competence and Compellability 4 Hearsay I 5 Hearsay II 6 Hazardous Evidence 7 Confessions and Ill-Gotten Evidence 8 Character Evidence I 9 Character Evidence II 10 The Course of Testimony 11 Opinion Evidence 12 Privilege and Public Policy
£171.00
Taylor & Francis Ltd Game Theory and Society
Book SynopsisThe progress of society can only happen through interpersonal cooperation, because only cooperation can bring about mutual benefit, thus bringing happiness to each person. This should be our collective rationality, but we often see it conflicts with individual interests, which leads to the so-called Prisoners' Dilemma and does not bring happiness to all. From a game theoretical perspective, this book addresses the issue of how people can cooperate better. It has two objectives. The first is to use common language to systematically introduce the basic methodologies and core conclusions of Game Theory, including the Nash equilibrium, multiple equilibriums, dynamic games, etc. Mathematics and theoretical models are used to the minimum necessary scope too, to make this book get access to ordinary readers with elementary mathematical training. The second objective is to utilize these methods and conclusions to analyze various Chinese social issues and institutional arrangements, wTable of ContentsList of figures. List of tables. Foreword to the Chinese Edition Chapter 1 Individual Rationality and Social Optimum Chapter 2 The Nash Equilibrium and the Prisoners’ Dilemma Game Chapter 3 Multiple Equilibriums, Institutions, and Cultures Chapter 4 Threats and Commitments Chapter 5 Bargaining and Patience Chapter 6 Repeated Games and Cooperative Behavior Chapter 7 Incomplete Information and Reputation Chapter 8 Adverse Selection, Brands, and Regulation Chapter 9 Signaling and Social Norms Chapter 10 Mechanism Design and Income Distribution Chapter 11 Moral Hazard and Corruption Chapter 12 Evolutionary Games and the Spontaneous Order Chapter 13 Laws and Social Norms Chapter 14 Institutional Entrepreneurs and the Rules of the Game References. Index
£199.50
Taylor & Francis Ltd Multinationals and the Constitutionalization of
Book SynopsisThis collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations.The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law.The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leadeTrade Review‘Building on a legal pluralist theoretical framework, this study makes a stimulating contribution to the growing body of scholarship dedicated to the private international legal dimension of global governance through its focus on the multinational firm as a power system interacting with a characteristically complex and reflexive regulatory environment.’Horatia Muir Watt, Sciences-Po, FranceTable of ContentsForeword: constitutionalization and the regulation of transnational firms, John Gerard Ruggie; Introduction, Jean-Philippe Robé, Antoine Lyon-Caen and Stéphane Vernac. Part I Firms and Power: Globalization and constitutionalization of the world-power system, Jean-Philippe Robé; Constitutionalizing financial power: the corporation and the new aristocracy of finance, Paddy Ireland; Corporate power in the global economy: an evolutionary perspective, Ronen Palan; Powers and responsibilities in multi-member organizations, Elsa Peskine and Stéphane Vernac. Part II The Concept of Constitutionalization: Reflections on the constitutionalization of the world power system, Gunther Teubner; Law in the global age: heading toward a societal constitutionalism, Jean De Munck; Constitutionalization outside of the state? A constitutionalist's point of view, Véronique Champeil-Desplat; The concept of constitutionalization and the multi-corporate enterprise in the 21st century - the body corporate from incarnation to ensoulment to ministry (but whose?), Larry Catá Backer. Part III The Concept of Constitutionalization Applied to the Firm: Human rights and the constitutionalized corporation, Sheldon Leader; The responsibility of multinational enterprises: a constitutionalization process in action, Antoine Lyon-Caen and Tatiana Sachs; ‘Constitutionalization’ and the status of the director: the test of ‘say on pay’, Charley Hannoun; Can states regain fiscal sovereignty over globalized business?, Christian Chavagneux. Afterword; Index.
£43.99
Taylor & Francis Ltd The Principle of Effective Legal Protection in
Book SynopsisThis collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makesTrade ReviewThe efficacy of legal protections for rights is a live issue across Europe, within individual jurisdictions and pan-European legal structures. Szente and Lachmayer have compiled a collection that provides a detailed account of effective legal protection as delivered by national administrative laws. The book provides a jurisdictionally wide-ranging resource for comparative administrative lawyers, and a fascinating counterpart to studies of procedural justice at the European level.Professor Roger Masterman, LLB, LLM, AKC, Professor of Law and Head of School, Durham Law School, Durham University.Table of ContentsIntroduction - Zoltán Szente and Konrad LachmayerI. Conceptual Basis and International BackgroundChapter 1: Conceptualising the Principle of Effective Legal Protection in Administrative LawZoltán SzenteChapter 2: Effective Legal Protection in the European Legal OrderChristoph GörischChapter 3: Creating a European-wide Standard of Effective Legal Protection: The European Convention on Human RightsMarten BreuerChapter 4: Effective Legal Protection in International LawStephan WittichII. The Principle of Effective Legal Protection in National Administrative JurisdictionsChapter 5: The Principle of Effective Legal Protection in Austrian Administrative LawUlrike Giera, Konrad LachmayerChapter 6: The Principle of Effective Legal Protection in Danish Administrative LawSøren Højgaard MørupChapter 7: The Effective Legal Protection in French Administrative LawSylvia Calmes-BrunetChapter 8: The Principle of Effective Legal Protection in German Administrative LawDiana Princess of Hohenlohe-OehringenChapter 9: The Principle of Effective Legal Protection in Hungarian administrative lawFruzsina Gárdos-Orosz and István TemesiChapter 10: The Principle of Effective Legal Protection in Italian Administrative LawFulvio CorteseChapter 11: The Principle of Effective Legal Protection in Administrative Law in LithuaniaJurgita Paužaitė-KulvinskienėChapter 12: Dilemmas and Challenges of Legal Protection against Administrative Actions in the Republic MacedoniaGordana Siljanovska-Davkova and Renata Treneska-DeskoskaChapter 13: The principle of effective legal protection in administrative law: the NetherlandsKarianne Albers, Lise Kjellevold and Raymond SchlösselsChapter 14: The Principle of Effective Legal Protection in Polish Administrative Law Joanna LemańskaChapter 15: Effective Legal Protection in Administrative Law in SloveniaErik KerševanChapter 16: The Principle of Effective Legal Protection in Spanish Administrative LawAngel Manuel MorenoChapter 17: The Principle of Effective Legal Protection in the Swiss Administrative LawFelix UhlmannChapter 18: The Principle of Effective Legal Protection in Administrative Law in the United KingdomRobert ThomasIII. Comparative StudiesChapter 19: The Principle of Effective Legal Protection in International and European Law –Comparative ReportKonrad LachmayerChapter 20: The Principle of Effective Legal Protection in Administrative Law – A ComparisonZoltán Szente
£28.99
Taylor & Francis Ltd Rules of Evidence in International Arbitration
Book SynopsisNow in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration.Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations Table of Contents1.The Rules of Evidence and their Application 2. Depositions, Interrogatories and Judicial Notice 3. Document Production in International Arbitration 4. Witnesses of Fact 5. Party-Appointed Experts 6. Tribunal-Appointed Experts and Inspections 7. Assessing the Evidence, Burden of Proof, Adverse Inferences and Procedural Good Faith 8. Evidentiary Hearing 9. Disclosure and Admissibility of Evidence
£308.75
Taylor & Francis The Insurance Act 2015
Book SynopsisThe Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts. The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future. Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference Trade Review'This book comprehensively achieves its twin aims of providing critical in-depth analysis of the Insurance Act 2015 (the 2015 Act) and identifying grey areas in that Act. The editors...have put together a remarkable team of contributing authors, all leaders in their field...It will be of great assistance to brokers, insurers, lawyers, academics, students and, no doubt, in due course, to the judiciary.'John Dunt, The Journal of International Maritime LawTable of ContentsChapter 1 (D. Hertzell, Consultant to BLM and Former Law Commissioner for Commercial and Common Law): The Insurance Act 2015: Background and PhilosophyChapter 2 (P. MacDonald-Eggers QC, 7 KBW): The Fair Presentation of Commercial Risks Under the Insurance Act 2015 Chapter 3 (Professor B. Soyer, Institute of International Shipping and Trade Law): Insurer’s Duty of Good Faith: Is the Path Now Clear for Introduction of New Remedies? Chapter 4 (Professor M. Clarke, St Johns College Cambridge): The Future of Warranties and Other Related Terms in Contracts of InsuranceChapter 5 (S. Rainey QC, Quadrant Chambers): Remedies for Fraudulent Claims under the Insurance Act 2015Chapter 6 (Professor A. Tettenborn, Institute of International Shipping and Trade Law): Late Payment of Claims: Better, But by No Means PerfectChapter 7 (Associate Professor G. Leloudas, Institute of International Shipping and Trade Law): Contracting Out of the Insurance Act 2015 in Commercial Insurance ContractsChapter 8 (Sir Bernard Rix, Arbitrator, Mediator, 20 Essex Street, Former Court of Appeal Judge): Conclusion: General Reflections on the Law Reform
£142.50
Taylor & Francis Ltd State and Religion
Book SynopsisWith its increasingly secular and religiously diverse population Australia faces many challenges in determining how the state and religion should interact. Australia is not unique in facing these challenges. States worldwide, including common law countries with shared legal and religious heritages, have also been faced with the question of how the state and religion should relate to one another. Countries such as the United Kingdom, Canada, New Zealand and the United States have all had to grapple with how to manage the state-religion relationship in the present day.This book provides a comprehensive historical review of the interaction of the state and religion in Australia. It brings together multiple examples of areas in which the state and religion interact, and reviews these examples across Australia's history from settlement through to present day. The book sets this story within a wider theoretical context via an examination of theories of state-religion relationships Table of Contents1: Introduction; Part I: Theory and Context; 2: Theories of State-Religion Relationships; 3: In the Beginning; 4: Religion in the Australian Constitution; 5: Comparison with other Jurisdictions; Part II: Australian Case Studies; 6: Contemporary Issues; 7: Restricting Religion; 8: Religion and Education; 9: Funding Religion; 10: Conclusion
£128.25
Taylor & Francis Ltd The Politics of Data Transfer
Book SynopsisIn this book, Yuko Suda examines the Safe Harbor debate, the passenger name record (PNR) dispute, and the Society for Worldwide Interbank Financial Transactions (SWIFT) affair to understand the transfer of personal data from the European Union (EU) to the United States. She argues that the Safe Harbor, PNR, and SWIFT agreements were made to mitigate the potentially negative effects that may arise from the beyond-the-border reach of EU data protection rules or US counterterrorism regulation. A close examination of these high-profile cases would reveal how beyond-the-border reach of one jurisdiction's regulation might affect another jurisdiction's policy and what responses the affected jurisdiction possibly makes to manage the effects of such extraterritorial regulation.The Politics of Data Transfer adds another dimension to the study of transatlantic data conflicts by assuming that the cases exemplify not only the politics of data privacy but also the politics of extratTrade Review'Personal information is the 21st century’s currency of power. And like gold or paper money, it finds itself increasingly at the center of global political struggles. The Politics of Data Transfer deftly demonstrates that unlike regimes for trade or monetary policy, the political battle is not centered at the tables of international organizations like the World Trade Organization or the International Monetary Fund. Instead, it paints a world in which domestic law (in this case European rules on data privacy) spillover globally, roiling trade and security relations. How these disputes get resolved will determine the terms of global competition as well as the extent of cooperation over key policy issues like counter-terrorism. This book is an excellent call to arms, reminding us to take such dynamics seriously.' - Abraham Newman, Director, Mortara Center for International Studies, Georgetown UniversityTable of ContentsForeword. Introduction 1. The Politics of Data Privacy 2. The Politics of Extraterritorial Regulation 3. The EU Data Protection Directive 4. From Safe Harbor to Privacy Shield 5. The PNR Dispute 6. The EU PNR Directive 7. The SWIFT Affair 8. Data Privacy and Free Trade Agreements 9. Conclusion
£128.25
Taylor & Francis Ltd Refugee Protection and the Role of Law
Book SynopsisSixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary refugeehood': protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that Protection', which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the releTrade Review"This book is an outstanding scholarly work on a topic of considerable public importance in Australia and elsewhere."-John Rutherford, Solicitor, LIJTable of ContentsPart 1: Refugee Law and Protection: Fit for Purpose 60 Years On? 1. Conflicting Identities, Protection and the Role of Law, Susan Kneebone, Loretta Baldassar and Dallal Stevens 2. Creating Identities, Diminishing Protection and the Securitisation of Asylum in Europe, Roger Zetter 3. Rights and the Re-identified Refugee: An Analysis of Recent Shifts in Canadian Law, Donald Galloway 4. The Refugee Convention at 60: Still Fit for Its Purpose? Protection Tools for Protection Needs, Erika FellerPart 2: Refugee Identities and Protection: Historical Shifts 5. Shifting Conceptions of Refugee Identity and Protection: European and Middle Eastern Approaches, Dallal Stevens 6. Refugees as Objects of Surrogate Protection: Shifting Identities, Susan Kneebone 7. Identifying Asylum Seekers as Potential Refugees: Transfers and ‘Acquired Rights’ under the Refugee Convention, Maria O'Sullivan Part 3: Law, Power and Refugee Identity: Macro and State Perspectives 8. Conflicting Identities and Securitisation in Refugee Law: Lessons from the EU, Elspeth Guild 9. Survival Migration: Conflicting Refugee Identities in Africa, Alexander Betts 10. Transnational Law and Refugee Identity: The Worldwide Effect of European Norms, Hélène LambertPart 4: Refugee Identities and Protection: Micro, Social and Individual Perspectives 11. Ambivalent Policies, Uncertain Identities: Asylum-Seeking Families, Ulla Bjornberg 12. Better than our fears? Refugees in Italy between Rhetorics of Exclusion and Local Projects of Inclusion, Maurizo Ambrosini 13. Moving beyond Protection Space: Developing a Law of Asylum in South East Asia, Martin JonesPart 5 14. Law, Identity and Protection: Concluding Reflections, Dallal Stevens, Loretta Baldassar and Susan Kneebone
£43.99
Taylor & Francis Ltd Routledge Handbook of Religious Laws
Book SynopsisMuch has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide.This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamicTrade Review"Those interested in diversifying perspectives on the foundations of the law in research or in teaching will find this handbook a fantastic resource." - Mariëtta D. C. van der Tol, Religious Studies ReviewTable of ContentsIntroduction. Religious Laws and Their Comparison. Theoretical and Methodological Issues; Section 1. History 1. The Jewish Tradition: A History 2. The Christian Tradition: A History 3. The Islamic Tradition: A History 4. The Hindu Tradition: A History 5. Comparative Remarks: A History of Religious Laws Section 2. Sources of Law 6. Jewish Law: The Sources 7. Christian Law: The Sources 8. Islamic Law: The Sources 9. Hindu Law: The Sources 10. Comparative Remarks: The Sources of Religious Laws Section 3. Dynamics of Belonging and Status 11. Jewish Law: Dynamics of Belonging and Status 12. Christian Law: Dynamics of Belonging and Status 13. Islamic Law: Dynamics of Belonging and Status 14. Hindu Law: Dynamics of Belonging and Status 15. Comparative Remarks: Religious Laws and Dynamics of Belonging and Status Section 4. Marriage 16. Jewish Law: Marriage 17. Christian Law: Marriage 18. Islamic Law: Marriage 19. Hindu Law: Marriage 20. Comparative Remarks: Religious Laws and Marriage Section 5. The Legal Other 21. Jewish Law Perspectives: The Legal Other 22. Christian Law Perspectives: The Legal Other 23. Islamic Law Perspectives: The Legal Other 24. Hindu Law Perspectives: The Legal Other 25. Comparative Remarks: Religious Laws and the Legal Other
£204.25