Jurisprudence and general issues Books
Taylor & Francis Ltd Discrimination and the Law 2e
Book SynopsisDiscrimination and the Law provides an exploration and evaluation of discrimination law, focusing primarily on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which discrimination law has evolved. The second edition has been thoroughly updated and includes a new chapter considering discrimination against trade unionists, discrimination against non-standard' workers as well as the public sector equality duty. The book begins with an examination of what is meant by such concepts as equality and discrimination followed by an analysis of the Equality Act 2010 and the impact of EU and international law. All the protected characteristics contained in the Equality Act 2010 are critically considered (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or beTable of ContentsDetailed ContentsPreface xList of tables xiGlossary of acronyms xiiTable of cases xiiiTable of legislation xvii 1 Equality 11.1 Purpose 21.2 How fair is Britain? 21.3 Equality 31.4 Stereotyping 61.5 Does discrimination still take place? 71.6 The grounds for discrimination 91.7 Multiple discrimination 101.8 Discrimination outside employment 121.9 Reflections 14 2 European perspectives 162.1 Brexit 172.2 The European Union 172.3 The Equality Directives 182.4 Facilities, goods and services 252.5 Human rights 262.6 Reflections 28 3 The Equality Act 2010 303.1 Introduction 313.2 The protected characteristics 313.3 Prohibited conduct 323.4 Burden of proof 393.5 Equality of terms 413.6 Remedies 413.7 Liability of employers and employees 423.8 Relationships that have come to an end 423.9 Aiding contraventions 433.10 Contracts 433.11 The Enterprise and Regulatory Reform Act 2013 433.12 Reflections 444 Age and ageism 46 4.1 Introduction 47 4.2 Population ageing 48 4.3 Attitudes to age 49 4.4 The Framework Directive 50 4.5 Young workers 52 4.6 Unlawful actions 53 4.7 Direct and indirect discrimination 54 4.8 The Equality Act 2010 56 4.9 Reflections 58 5 Disability 60 5.1 Introduction 61 5.2 The United Nations Convention 63 5.3 The Equality Act 2010 64 5.4 The meaning of disability 64 5.5 Unfavourable treatment 70 5.6 Duty to make adjustments 70 5.7 Positive action 72 5.8 Recruitment 72 5.9 Reflections 73 6 Pregnancy and maternity 75 6.1 Introduction 76 6.2 Discrimination 77 6.3 The Pregnant Workers Directive 79 6.4 Protection in the United Kingdom 81 6.5 The Maternity and Parental Leave etc. Regulations 1999 81 6.6 Employment rights 82 6.7 Protection from detriment and dismissal 84 6.8 Return to work 86 6.9 Shared parental leave 86 6.10 Reflections 87 7 Race, colour, ethnicity and migrant workers 89 7.1 Introduction 90 7.2 The Race Directive 91 7.3 The Equality Act 2010 92 7.4 Migrant workers 96 7.5 Reflections 103 8 Religion or belief 105 8.1 Introduction 106 8.2 Religion 106 8.3 Belief 107 8.4 The Equality Act 2010 108 8.5 Occupational requirements relating to organised religion and belief 110 8.6 Manifestation of religious belief 111 8.7 Sexual orientation 1128.8 The European Convention on Human Rights 113 8.9 The European Court of Human Rights 115 8.10 Reflections 117 9 Sex equality 119 9.1 Introduction 120 9.2 Women and men 120 9.3 The European Union 122 9.4 The Equality Act 2010 123 9.5 Marriage or civil partnership 124 9.6 Older women 125 9.7 Equality of terms 127 9.8 Women on boards 131 9.9 Gender pay gap information and discussions about pay 132 9.10 Reflections 133 10 Sexual orientation and gender reassignment 136 10.1 Introduction 137 10.2 Sexual orientation 137 10.3 LGBT 137 10.4 Gender reassignment 140 10.5 Marriage or civil partnership 142 10.6 Reflections 143 11 Discrimination in the workplace 145 11.1 Trade union membership and activities 146 11.2 Non-standard working 148 11.3 Public sector equality duty 153 11.4 How to prevent discrimination in the workplace 154 11.5 Reflections 156 Appendix – Equality Act 2010 Part 2 158 Bibliography 168 Index 172
£39.99
Taylor & Francis Ltd Merkin and Flannery on the Arbitration Act 1996
Book SynopsisThis book is an essential resource for anybody involved in arbitration. It is an updated section-by-section commentary on the Arbitration Act 1996, split into a separate set of notes for each section, and subdivided into the relevant issues within that section. It contains elements of international comparative law, citing authorities from many other common law and civil law jurisdictions.Beyond the development of law since the last edition, this sixth edition contains new practical features to aid the reader. Each section now has a new contents table, with each separate topic set out clearly and in a logical order, which acts as reminder for the reader. Further, each separate topic now has a specific individual reference, and the topics are grouped in a more systematic and logical way within each section, to improve readability. The book is primarily aimed at practitioners of arbitration both in the UK and abroad, including solicitors, barristers, arbitrators and judgeTable of ContentsPart I Background to the Arbitration Act 1996. Part II Other provisions relating to arbitration. Part III Recognition and enforcement of certain foreign awards. Part IV General provisions.
£446.50
Taylor & Francis Ltd QA Jurisprudence
Book SynopsisRoutledge Q&As 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 subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams HighliTable of Contents1 General Aspects of Jurisprudence 2 The Nature of Law 3 Legal Positivism 4 Natural Law 5 Law and Ideology 6 Authority 7 Human Rights and Legal Theory 8 Common Law and Statute 9 Liberalism, Toleration and Punishment
£36.99
Taylor & Francis Ltd QA Commercial Law
Book SynopsisRoutledge Q&As 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 subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams HighliTable of Contents1 General Questions 2 Description and Quality 3 Passing of Property and Risk 4 Nemo Dat Quod Non Habet 5 Performance and Remedies 6 Making and Cancelling a Credit Agreement 7 Default and Termination of Credit Agreements 8 Connected Lender Liability 9 General Principles of Agency 10 Relationship with Third Parties 11 Fob Contracts 12 Cif Contracts
£36.99
Taylor & Francis Ltd Constitutional History of the UK
Book SynopsisAn appreciation of the development and evolution of the United Kingdom constitution is vital in order to understand the existing nature of the constitution, proposals for reform and the many complex challenges it faces. Ann Lyon presents a vivid overview of fourteen hundred years of English legal history taking us on a rich journey from a feudal society to the fractured Union of the present day. Drawing on key constitutional themes, Constitutional History of the United Kingdom provides insight and context to modern constitutional problems.This second edition has been revised and updated to bring coverage up to the present day, including parliamentary reform; the Scottish referendum on independence and further drives for enhanced devolution; the effect of EU membership on the UK Constitution; and the impact of the European Convention on Human Rights and the Human Rights Act 1998. Constitutional History of the United Kingdom offers an accessible and Trade Review‘Constitutional History of the United Kingdom tells the story of the evolution of the constitution to the present day. It is a fascinating story, extremely well told by an historian who now teaches law. The book is of relevance to students of law, history and government, a source of reference for undergraduate law students and essential reading for postgraduate study. The author makes the point that students of law often lack a historical perspective, essential to a thorough knowledge of the UK constitution, and this work is to my knowledge, the only recent one to explain the history of the UK with a view to illuminating constitutional changes. Its sheer breadth is impressive. It begins with a description of the development of government pre-1066, followed by a sweep of 14 centuries, culminating in UK membership of the EU and the adoption of European Convention on Human Rights. Themes provide continuity to the sequence of events; so, for instance, coherence is traceable through the events that inexorably led to the balance of power shifting from king to Parliament, and to our modern democracy. It explains well the background to events that were initially often violent and, in more recent history, political, and the conundrum of the UK constitution becomes over clearer as the reader progresses. The Constitutional History of the United Kingdom should be read by all students of constitutional law but is also a work of reference and could be enjoyed by anyone seeking to further their knowledge of UK History’. Times Higher Educational Supplement, 28 May 2004.'Students of British constitutional history will appreciate this well-written survey by Ann Lyons, a lecturer in law at the University of Wales, Swansea. The author, like her famous predecessor, F. W. Maitland, possesses expertise in both legal and general history, and she is able to interweave constitutional developments with important historical events as well as Maitland did in his classis 1908 work. Lyon's purpose is not to offer research but to compose a readable, up-to-date account for university students. The author has done an outstanding job of compressing so much information into a very readable volume, which takes into account the newest literature and most recent events in this area. A Constitutional History of the United Kingdom is recommended for students and interested general public.' History, Vol 32 No 3, Spring 2004 'This is a thorough, respectful history of constitutional developments in the United Kingdom from ancient times through to the recent changes under the European Union and the New Labour Government. This book is an excellent overview, but with much detail, of the functioning of the Ombudsman office in Great Britain. It is the starting point for understanding that institution and for teaching about future investigation of it. British Politics Group Newsletter, Autumn 2003'This is a thorough and very readable book, especially useful for references as well as a textbook...Law students should read Lyon' Representation, Michael Rush, University of Exeter. Vol 41, Number 2, 2005.Table of Contents1. The Development of English Law and Government prior to the Norman Conquest 2. The Norman Conquest and After: 1066-1189 3. Magna Carta and its Genesis 1189-1216 4. The Birth of Parliament: The Reign of Henry III 1216-72 5. The Reign of Edward I 6. A King Dethroned: Edward II 1307-27 7. Edward III 1327-77 8. Sad Stories of the Death of Kings: Richard II 9. The 15th Century 10. Government and Royal Justice in the Later Middle Ages 11. The Early Tudors 1485-1547 12. The Children of Henry VII 13. The Genesis of Civil War 1603-42 14. Civil War and Commonwealth 1642-60 15. Restoration and Revolution 1660-89 16. The Revolution Entrenched 1689-1707 17. The Early 18th Century 18. The Later 18th Century 19. The Reform Era 20. An Increasing Role for Government 21. The Later 19th Century 22. Queen Victoria and the Emergence of Constitutional Monarchy 23. Two Constitutional Crises: 1906-14 24. Representation of the people since 1900 25. The Emergence of Modern Monarchy: The 20th Century 26. Britain and Europe: The European Community 27. Devolution 28. The European Convention on Human Rights and the Human Rights Act
£47.49
Taylor & Francis Ltd Islam and Society
Book SynopsisThis new 4 volume collection will bring together the key literature on Islam and Society. In four broad themes the collection will cover Islam and power; minorities and pluralism; everyday life, ethics and community building; subjectivation, discipline and piety. Fully indexed and including a newly written introduction by the editor, this is an essential reference resource for student and scholar.
£1,045.00
Taylor & Francis Ltd Local Government in Europe
Book SynopsisThis work considers the role of local government in 13 EU Member States (Austria, Belgium, Czech Republic, France, Germany, Greece, Hungary, Italy, Netherlands, Poland, Spain, Sweden and the United Kingdom. The book aims to provide an account of the system of local government in each of the countries studied along with a critical and contextual approach to the level of autonomy that local government enjoys. The approach is comparative, based on a questionnaire which all of the authors considered. There is then a detailed conclusion to the book which offers a detailed summary and comparative analysis of the responses in order to better consider the role of local authorities as the fourth level' of governance in the EU. The book aims to offer a detailed introduction to and account of each system of local government which may appeal to those seeking an overview of the area, but also a critical and contextual approach that will be of interest to those actively researching in the areas oTable of ContentsIntroduction: The Local Government in the EU Multi-Layered System of Governance, Panara and Varney 1. Municipalities as the "Third Tier" of Austrian Federalism, Harald Eberhard 2. Local Governance in Belgium: A ‘Catch 22’ Between Autonomy and Hierarchy, Alexander De Becker 3. Local Self-Government in the Czech Republic: History, Current Position, Prospective Evolution, Richard Pomahač 4. Territorial Decentralisation in France: Towards Autonomy and Democracy, Irène Couzigou 5. Local Government in Germany: An Indispensable Level of EU Governance, Eike Michael Frenzel 6. Local Authorities in Greece: Organisation, Recent Trends, European Integration, Reform, and the "Kapodistrias" Tendency, Grigoris Avdikos 7. Local Government in Hungary: A Creeping Centralisation?, Zoltán Szente 8. Organisation and Responsibilities of the Local Authorities in Italy Between Unity and Autonomy, Stefano Villamena 9. Local Authorities in the Polder – Dutch Municipalities and Provinces. 10. Local Government in Poland: Towards Consolidation?, Boguslaw Banaszak 11. Ungovernable Spain: Regional Subsidiarity and the Crisis of Local Governance, Gonzalo Villalta Puig 12. Local Government in Sweden: Flexibility and Independence in a Unitary State, Vilhelm Persson 13. Local Government in England: Localism Delivered?, Michael Varney 14. Conclusion: The Contribution of Local Self-Government to Constitutionalism in the Member States and in the EU Multi-Layered System of Governance, Carlo Panara and Michael R. Varney
£43.99
Taylor & Francis Ltd Environmental Liability and the Interplay between
Book SynopsisThe role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level.Given the book's focus and the transnational legal dimension of the issues covered, this volume will be of greaTable of ContentsPreface Acknowledgements Abbreviations Introduction—relevance of the topic and scope of the analysis 1. Background: the problem 2. The concept, role and function of liability in the environmental context 3. Environmental liability and access to justice 3.1. Access to justice in environmental matters 3.2. Access to justice and environmental liability 4. From theory to practice: current developments in environmental liability 4.1. The global picture 4.2. The elusive response of international law 5. Scope and aims of this book 5.1. Theoretical background 5.2. Focus, methodological approach and structure of the book PART 1Environmental liability in international law 1 The law of State responsibility and its application to environmental damage 1. Introduction 2. The responsibility of States for wrongful acts: general principles 3. Transboundary harm prevention and State responsibility 3.1. Early developments and evolution of the primary rules 3.2. From no-harm to prevention 3.3. Due diligence and environmental liability 3.4. The ‘significant harm’ threshold 3.5. The link of causality 4. From transboundary harm prevention and responsibility to States’ environmental liability 4.1. The concept of environmental damage 4.2. Reparation under the law of State responsibility 4.3. Valuation and assessment of environmental damage 5. Current challenges of the law of State responsibility in the environmental context 5.1. Non-state actors and State responsibility 5.2. The erga omnes character of environmental harms 6. State responsibility for environmental harm in the international States practice 7. Concluding remarks and assessment 2 The quest towards an international law framework of states’ environmental liability in the work of the ILC 1. State liability as a primary rule of international law 2. Environmental liability in the work of the ILC: from international liability to allocation of losses 3. Response measures and ex post prevention in the environmental field: between primary and secondary rules? 4. Conclusions 3 Civil liability for environmental damage in international treaties 1. Introductory remarks 2. The international liability framework for nuclear damage 2.1. The 1960 Paris and 1963 Vienna Conventions 2.2. The role of the state in the nuclear liability regime 2.2.1. State liability under the 1963 Vienna and 1960 Paris Conventions 2.3. Revising and enhancing the international nuclear liability regime 2.3.1. The 1988 linking protocol 2.3.2. The 1997 Vienna amending protocol2.3.3. The 1997 Convention on Supplementary Compensation (CSC) 2.3.4. The 2004 protocols amending the Paris and Brussels Conventions 2.4. The international nuclear liability framework: an assessment 3. International civil liability regimes for sea pollution damage 3.1. The 1969 civil liability convention and the 1971 fund convention 3.2. The 1992 revision protocols of the oil pollution liability framework 3.3. The definition of oil pollution damage 3.4. Revising the amount of compensation 3.5. The International Oil Pollution Compensation (IOPC) Fund 3.6. The 2003 Supplementary Fund 3.7. Oil pollution liability treaties in a multilevel context 4. Complementing the oil pollution regime: the HNS and Bunker oil liability conventions 5. The international liability framework and the protection of the marine environment 6. ‘Second generation’ environmental liability agreements 6.1. The 1993 Council of Europe’s Lugano Convention 6.2. The Nagoya-Kuala Lumpur supplementary protocol on liability for biodiversity damage 6.2.1. Liability and redress in the framework of the Biodiversity Convention 6.2.2. Liability for damage caused by LMOs 6.3. The liability annex to the Madrid Protocol on Environmental Protection 7. Conventional systems of international liability: a layered framework 8. Soft law developments in the field of environmental liability 9. Concluding remarks PART 2Harmonising environmental liability in the EU: Substantive and procedural legal aspects 4 The EU approach to environmental liability: The 2004/35 environmental liability directive 1. Introduction 2. Historical background 3. The underling regulatory and policy rationales 4. The Directive’s main elements and scope of application 4.1 Definition of ‘environmental damage’ 4.2. The natural resources covered 4.2.1. Damage to ‘biodiversity’ 4.2.2. Damage to water 4.2.3. Damage to land 4.3. A limited approach to environmental damage? 4.4. The notion of operator and the activities covered 4.5. The Directive’s temporal scope of application 4.6. Exceptions and defences under the Directive 4.7. Questions of causation and plurality of responsible parties 5. Enforcing environmental liability 5.1. Combining prevention and reparation for environmental harm 5.2. The competent authorities and the enforcement of the ELD’s liability regime 6. Remedies 7. Issues of access to justice under the ELD 8. Harmonising environmental liability in the EU: assessing the ELD and its potential added value 9. Concluding remarks 5 Transnational harm in Europe and the potential for a harmonised legal framework 1. Introduction 2. The harmonisation of conflict of law in Europe 3. The Brussels I Regulation and its application to transboundary environmental damage 4. Rome II regulation and the determination of applicable law 5. Transnational corporate litigation before domestic courts in Europe 6. Jurisdictional aspects, corporate liability and duty of care 7. The harmonisation of EU private international law rules: an assessment 8. Transboundary environmental liability litigation in Europe: perspectives after the ELD 9. The new proposal for a directive on corporate sustainability due diligence PART 3Exploring the interactions between EU law and international law 6 The EU’s contribution to international law-making in the field of environmental liability 1. Introduction 2. The EU’s participation in international agreements: general remarks 3. The principle of conferral and EU’s external competence 3.1. Express external competences 3.2. The doctrine of implied external powers 3.3. Choosing the appropriate legal basis 4. The practice of EU external relations 4.1. Mixed agreements 4.2. Member States acting as ‘trustees’ of the EU 5. The duty of cooperation and its impact on Member States’ external action 6. Reflections on the relationship between the EU legal order and international law 7. The participation of the EU in international environmental liability agreements 7.1. Liability agreements with an environmental dimension: the Nagoya-Kuala Lumpur Supplementary Protocol 7.2. Disrupting interaction? 7.3. The EU’s involvement in international civil liability treaties on marine pollution and nuclear damage 7.3.1. The external relations implications of Brussels I Regulation 7.3.2. The impact of the ELD on the EU’s participation in the marine pollution civil liability regime 7.4. EU’s and Member States’ ratification of international liability conventions 8. Interaction and coordination between liability regimes in a multilevel context 8.1. The practice of disconnection and non-affect clauses 8.2. Coordinating the ELD and the liability conventions on marine pollution and nuclear damage 8.3. Article 4 of the ELD 9. Environmental policy and governance perspectives on the interaction between the ELD and international law 10. Concluding remarks 7 Substantive aspects of the interplay between EU law and international environmental agreements 1. Introduction 2. The legal status and impact of international treaties to which the EU is a party in the EU legal order 2.1. The binding character of EU international agreements and the CJEU’s jurisdiction over them 2.2. Primacy of EU international agreements 3. The CJEU’s case-law and its approach to direct effect of international norms 4. Consistent interpretation 5. Towards a harmonious approach to the relationship between EU and international law 6. Consistent interpretation and the mutual supportiveness of EU law and international law in the field of environment 7. Interim findings 8. Between mutual supportiveness and complementarity in the CJEU’s case-law on environmental liability 9. Interactions and potential synergies between liability regimes in a multilevel context Conclusions 1. An evolving scenario 2. General trends and emerging principles 3. Environmental harms and the relationship between EU and international law: towards mutual supportiveness? 4. Closing remarks Bibliography Index
£87.39
Taylor & Francis Ltd Double Insurance and Contribution
Book SynopsisDouble insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area. The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance. Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on: the relevant clauses (rateable proportion, excess, escape and other insurance) the difficulty of the courts in providing clear principles in cases of double insurance attempts to limit or exclude liability by the insurer how the clauses work in practice court decisions in various jurisdictions the AustraliTable of ContentsAcknowledgements Foreword Preface Table of Cases Table of Legislation Part A Chapter 1. An Overview: Double Insurance Chapter 2. General Principles Chapter 3. Effect of Double Insurance on Claims Chapter 4. Legislative Reform of Double Insurance Part B Chapter 5. The Meaning of Contribution Chapter 6. When the Right of Contribution Arises Chapter 7. The Rights Of An Insurer To Seek Contribution And Enforcement Chapter 8. Asbestos Litigation from an Insurance Perspective Chapter 9. Contribution under Common Law and Its Equitable Position Chapter 10. Conclusion Index
£171.00
Taylor & Francis International Construction Law
Book SynopsisThe construction industry routinely operates across international borders, which means that construction professionals need to have a good understanding of how legislation in different jurisdictions might affect their work. This book is an in-depth analysis of international construction law from all the major jurisdictions of the world, alongside their relevant contract law principles, helping the reader to prepare for the complexity of an international construction project.The book begins by introducing the major families of law, before looking at individual jurisdictions. Each chapter is written by an experienced legal professional operating in that region and covers subjects such as: taking over, defects liabilities, warranties, design issues, termination, bonds and guarantees, limitation of liability, and more. The systems included are: German civil system (Germanic code) French civil system (Napoleonic code) English common law system GC
£247.00
Taylor & Francis Ltd The Development of International Human Rights Law
Book SynopsisThe essays selected for this volume, written by some of the world's most respected experts on human rights, encompass the development of human rights law from its philosophical underpinnings and address many of its current controversies. The collected essays explore the drafting of major human rights instruments, including the political challenges that shaped those instruments; examine the interrelationship of various claimed rights; and identify factors producing compliance with - and violation of - human rights law. Other contributions analyze the role of non-governmental organizations in achieving better human rights protections as well as the danger of claiming too many rights, and the tension between rights and security. Contrasting viewpoints in several essays highlight some of the key conflicts in the field. An introductory essay provides a roadmap marking the collection's major themes, and tracing the relationship between those themes. Taken together, the essays emphasize thTable of ContentsContents: Introduction. Part I Philosophical, Religious, and Historical Influences Underlying the Development of Human Rights Law: Origins: the rise and fall of natural rights, Michael Freeman; Introduction: the human rights idea, Louis Henkin; Islam and human rights: beyond the universality debate, Abdullahi A. An-Na’im; Women’s rights as human rights: toward a re-vision of human rights, Charlotte Bunch. Part II Drafting of the Human Rights Provisions of the UN Charter and of the Universal Declaration of Human Rights: The road to San Francisco: the revival of the human rights idea in the twentieth century, Jan Herman Burgers; World War Two and the Universal Declaration, Johannes Morsink; Article 55(c), Eibe H. Riedel and Jan-Michael Arend. Part III The Debate over Universality of Human Rights: Cultural relativism and universal human rights, Jack Donnelly; Savages, victims, and saviors: the metaphor of human rights, Makau Mutua; What’s wrong with Chinese rights?: Toward a theory of rights with Chinese characteristics, R.P. Peerenboom. Part IV Interdependence and Indivisibility of Civil, Economic, Cultural, Political and Social Rights: The past and future of the separation of human rights into categories, Stephen P. Marks; The importance of democracy, Amartya Sen; Freedom from want: how can we make indivisibility more than a mere slogan?, William A. Schabas; The Four Freedoms turn 70, Michael H. Posner; Procedures for the implementation of economic, social, and cultural rights, David Weissbrodt. Part V Compliance with Human Rights Standards and Causes of Human Rights Violations: Political, Sociological, Economic, etc./the Role of Bystanders: The normative context of human rights criticism: treaty ratification and UN mechanisms, Ann Marie Clark; The psychology of bystanders, perpetrators, and heroic helpers, Ervin Staub. Part VI The Role of NGOs in the Development of Human Rights: The status of human rights NGOs, Michael H. Posner and Candy Whittome; Transnation
£285.00
Taylor & Francis Ltd Challenges in International Human Rights Law
Book SynopsisThe main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields oTable of ContentsContents: Introduction. Part I Contents and Scope: Universality: On the universality of the Universal Declaration of Human Rights, Wiktor Osiatynski; Human rights in Islam and international law: a conceptual analysis, Shaheen Sardar Ali; Anti-essentialism, relativism, and human rights, Tracy E. Higgins; Economic and Social Rights: The justiciability of social and economic rights: an updated appraisal, Aoife Nolan, Bruce Porter and Malcolm Langford; Extraterritoriality: The scope of the extra-territorial applicability of international human rights law, Françoise Hampson. Part II Application to Urgent Social Issues: Terrorism: Unilateral exceptions to international law: systematic legal analysis and critique of doctrines that seek to deny or reduce the applicability of human rights norms in the fight against terrorism, Martin Scheinin and Mathias Vermeulen; Report of the special rapporteur on extrajudicial, summary or arbitrary executions: study on targeted killings, Philip Alston; Impunity: ’Settling accounts’ revisited: reconciling global norms with local agency, Diane F. Orentlicher; Immunities of state officials, international crimes and foreign domestic courts, Dapo Akande and Sangeeta Shah; Health: Human rights approach to public health policy, Daniel Tarantola and Sofia Gruskin; Climate Change: Introduction: human rights and climate change, Stephen Humphreys; Investment: Human rights and international investment arbitration, Clara Reiner and Christoph Schreuer. Part III Application to Non-State Actors: International Organizations: The European Court of Justice and the international legal order after Kadi, Gráinne de Búrca; WTO dispute settlement and human rights, Gabrielle Marceau; Armed Opposition Groups: Human rights obligations of non-state actors in conflict situations, Andrew Clapham; Corporations: Taming the leviathans: multinational enterprises and human rights, Sarah Joseph; The Ruggie rules: applying human rights law to corporations, John H. Kno
£427.50
Taylor & Francis Ltd Grotius and Law
Book SynopsisThe essays collected for this volume represent the best scholarly literature on Hugo Grotius available in the English language. In the English speaking world Grotius is not as well known as his fellow 17th century political philosophers, Thomas Hobbes or John Locke, but in legal theory Grotius is at least as important. Even on central political concepts such as liberty and property, Grotius has important views that should be explored by anyone working in legal and political philosophy. And Grotius's work, especially De Jure Belli ac Pacis, is much more important in international law and the laws of war than anyone else's work in the 17th or 18th centuries. This volume is therefore useful not only to Grotius scholars, but also to anyone interested in historical and modern debates on key issues in political and legal philosophy more broadly, and international law in particular.Table of ContentsContents: Introduction. Part I Grotius’s Place in the History of Legal and Political Thought: Grotius: 10 April 1583-28 August 1645, Martin Wight; Hugo Grotius, Richard Tuck; Hugo Grotius and the history of political thought, Knud Haakonssen. Part II Natural Law and Natural Right: Natural law restated: Suarez and Grotius, J.B. Schneewind; Common rights of mankind in Gentili, Grotius and Suárez, Theodor Meron; ‘Ancient Caesarian lawyers’ in a state of nature: Roman tradition and natural rights in Hugo Grotius’s De iure praedae, Benjamin Straumann. Part III Liberty, Necessity and Roman Law: Popular liberty, princely government, and the Roman law in Hugo Grotius’s De Jure Belli ac Pacis, Daniel Lee; Grotius and Pufendorf on the right of necessity, John Salter; Is modern liberty ancient? Roman remedies and natural rights in Hugo Grotius’s early works on natural law, Benjamin Straumann. Part IV Property Rights and Law: Hugo Grotius: property and consent, John Salter; Proprietary rights, Christoph A. Stumpf; Hugo Grotius, contractualism, and the concept of private property: an institutionalist interpretation, Marcelo de Araujo. Part V The Law of War and Peace: The importance of Grotius in the study of international relations, Hedley Bull; Hugo Grotius on ethics and war, Steven Forde; Grotius and contingent pacifism, Larry May; Pacifying politics: resistance, violence, and accountability in seventeenth-century contract theory, Deborah Baumgold. Part VI International Law: Hugo Grotius in the contemporary memory of international law: secularism, liberalism, and the politics of restatement and denial, John D. Haskell; The Grotian vision of world order, Cornelius F. Murphy Jr; Grotius on natural and international law, Hendrik van Eikema Hommes; The Grotian tradition in international law, Hersch Lauterpacht. Name index.
£285.00
Taylor & Francis Ltd Between Justice and Stability
Book SynopsisExploring the impact of the International Criminal Tribunal (ICTY) on regime change in Serbia, this book examines the relationship between international criminal justice and democratisation. It analyses in detail the repercussions of the ICTY on domestic political dynamics and provides an explanatory account of Serbia''s transition to democracy. Lack of cooperation and compliance with the ICTY was one of the biggest obstacles to Serbia''s integration into Euro-Atlantic political structures following the overthrow of Milosevic. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojic explores the complex processes set in motion by the international community''s policies of conditionality and by the prosecution of the former Serbian leadership in The Hague. Drawing on a rich collection of empirical data, he demonstrates that the success of international judicial intervention is premised upon democratic consolidation and that traTrade Review"Between Justice and Stability will be an essential reading for scholars of the Western Balkans, transitional justice, and international human rights interventions more broadly."Jelena Subotić, Associate Professor, Department of Political Science, Georgia State UniversityAfter the rapid change of regime in 2000, Serbia's new government faced demands to establish itself in power, build democratic institutions, satisfy international powerholders, and provide justice. Mladen Ostojic gives us valuable insight as to why all of those goals did not always go together. His interviews with post-2000 officials shed new light on the dilemmas of an incoming regime.Eric Gordy, University College London, UK Between Justice and Stability provides an incisive and lucid analysis of the impact of international justice on Serbia's political evolution since the fall of Milosevic. By examining the complexities and at times counterproductive effects of external judicial intervention in a post-conflict society, it presents a valuable contribution to the current debates on transitional justice in the Balkans and beyond.Jasna Dragovic-Soso, Goldsmiths, University of London, UK There is much to be admired in Between justice and stability by Mladen Ostojic, not least as it fills a major gap in the literature on the democratic transition of the ex-Yugoslav space. By focusing on transitional justice and its relationship to democratic transition in Serbia and the attitudes of ruling elites, the author demonstrates how complex and challenging this relationship really was. Ostojic bases his argument on a variety of primary sources, including interviews with leading politicians, official documents, reports and speeches, producing a rather thought-provoking and informative read. This work is very well written and presents plausible arguments and I most warmly recommend it as both a useful and an engaging read.International AffairsTable of ContentsChapter 1 Introduction: International Justice and Transitional Democracy; Chapter 2 Setting the Context: Serbia’s Protracted Transition; Chapter 3 Regime Change and the Politics of Cooperation with the ICTY; Chapter 4 International Justice, State Responsibility and Truth-Telling; Chapter 5 Domestic War Crimes Trials; Conclusion: An Ambivalent Legacy;
£137.75
Taylor & Francis Ltd Interregionalism and the European Union
Book SynopsisIs the EU isolated within the emergent multipolar world? Concentrating on interregional relations and focussing on the European Union's (EU) evolving international role with regards to regional cooperation, this innovative book collects a set of fresh empirical analyses of interregional ties binding the EU with its Eastern and Southern neighbourhood, as well as with Asia, Africa and the Americas. The 25 leading authors from 5 continents have contributed original and diverse chapters and the book advances a novel theoretical post-revisionist' approach beyond both the Eurocentrism of Europe First' perspectives as well as the Euroscepticism of those advocating to simply move 'Beyond Europe'. After a Foreword by A. Acharya, the book's five sections reflect the main drivers of EU interregional policies: The European Union as a Sophisticated Laboratory of Regional and Interregional Cooperation (with chapters by M. Telò, L. Fawcett and T. Risse), De Facto Drivers of Regionalism (F. PonjaerTrade Review'This excellent book, focusing on agreements between the EU and its partners, provides a theoretically and empirically rich analysis of different forms of interregionalism. By systematically building on previous research in this area, it provides insights that will stimulate both academic and policy debate.' Vinod K. Aggarwal, University of California, Berkeley, USA.'Breaking with traditional approaches, this book analyses the EU as a laboratory of experiments in regional and interregional cooperation. It is a major new contribution to regionalism studies and will be essential reading both for its fresh insights and the quality of its contributors.' Andrew Gamble, University of Sheffield, UKTable of ContentsIntroduction Louise Fawcett, Frederik Ponjaert and Mario TelòPart I: European Integration studies as a Reference for Regional and Interregional Cooperation1. Contribution to a Periodization of Comparative Regionalist StudiesMario Telò2. Regionalism by Emulation: Considerations across Time and SpaceLouise Fawcett3. The EU and the Diffusion of RegionalismTanja A. Börzel and Thomas Risse4. Three Reasons for Reassuring the Autonomy of a Regionalist and Interregionalist Research AgendaMario TelòPart II: European Interregionalism and De Facto Drivers of Regional Cooperation5. The EU and Economic Regionalism in East AsiaMin Shu6. Europe and Latin America: Differing Routes for Regional IntegrationAlfredo G.A. Valladão7. Economic Partnership Agreements (EPAs) with Sub-Saharan AfricaCord JakobeitPart III: European Interregionalism and De Jure Drivers of Regioanl Cooperation8. The EU and the Promotion of Democracy through Interregional RelationsGiovanni Finizio9. Interregionalism in EU External Migration PoliciesSandra Lavenex10. Countering Terrorism: Challenges and Opportunities in ASEAN-EU CooperationCéline Cocq and Sarah Teo11. Drivers of Interregional Cooperation: The Rise and Consolidation of a European Rule of Law RegimeRamona Coman and Frederik PanjaertPart IV: European Interregionalism and Cognitive Drivers of Regional Cooperation12. European Norms Torn: Between the Universal and Regional LevelsBarbara Delcourt13. The European Union's Interregional Human Rights Strategies in Northeast and Southeast Asia: Learning Lessons from LocalizationPaul Bacon14. ASEAN and EU Cooperative Culture in the Asia-Europe MeetingEvi Fitriani15. The Unintended Consequences of Interregional Democracy Promotion: Normative and Conceptual Misunderstandings in EU-ASEAN RelationsJürgen Rüland16. The European Parliament and Interregional Dialogue: The Case of Responsibility to ProtectStelios Stavridis and Stephen KingahPart V: European Interregionalism and Instrumental Drivers of Regional Cooperation17. The EU and NATO's Comprehensive Approaches in Afghanistan and Somalia: Interregional or Intraregional?Christian Olsson and Gustavo G. Müller18. Challenging the Poltiical and Security Dimensions of the EU-LAC RelationshipAndrés Malamud and Pedro Seabra19. EU-Africa Interregional Relations and the Role of South AfricaLorenzo Fioramonti and John KotsopoulosConclusionLouise Fawcett, Frederik Ponjaert and Mario Telò
£51.29
Taylor & Francis Ltd Understanding Defining and Eliminating Workplace
Book SynopsisWorkplace bullying is a severe and pervasive problem around the globe and in particular in the United States where no meaningful steps have been taken to address this problem. This book will help readers to understand and to define workplace bullying to be able to prevent, detect, remedy and eliminate workplace bullying. Readers will gain an understanding of the forms, causes and effects of workplace bullying. Readers will also be able to understand the current gaps in U.S. law and become familiar with more effective international laws to address workplace bullying. Finally, the reader will be presented with the potential paths to put an end to workplace bullying in their own workplace and in workplaces across the globe. Table of ContentsPreface: Protecting Employees’ Human Rights Part 1. Understanding Workplace Bullying Chapter 1. An Introduction to Bullying and its Impact on Workers and Workplaces Chapter 2. What Does Workplace Bullying Look Like? Chapter 3. Workplace Bullying is a Terrible Problem: Why it is so important to address workplace bullying? Chapter 4. Why Does Bullying Occur and Endure Part 2. Workplace Bullying can be addressed but is not in the United States Chapter 5. Gaps in the US Employment Law: Workplace Bullying can be, but is not Being Addressed Chapter 6. Evidence from Abroad – Steps can Be Taken to Eliminate Workplace Bullying Part 3. Ending Workplace Bullying Chapter 7. Defining the Problem - A Transformative Definition of Workplace Bullying Chapter 8. The Potential For Micro Level Solutions Chapter 9. Employer Based Solutions Chapter 10. Concerted Activity as a Solution Chapter 11. The Need for a Strong Law and Strong Enforcement Chapter 12. Conclusion
£128.25
Taylor & Francis Ltd The Sacred Law of Islam: A Case Study of Women's
Book SynopsisIslam’s Sacred Law is one of the most complex, detailed and comprehensive legal theories that Islam, as a Western religion, has produced in its capacity as a doctrine of social justice. However, few available texts have dealt with the treatment of women under the actual system of justice that adheres to Islam’s Sacred Law. This book fills this void by providing a much needed comprehensive study of the application of the Sacred Law to women under the Islamic Republic of Iran’s justice system. It will be a fascinating guide to all those interested in comparative law, criminal justice and the sociology of law.Trade Review’...provides much needed insight into Islam’s basic Sharia (Sacred) Law...a comprehensive but succinct challenge to the contemporary government’s claim that its application of the Sharia emulates the Prophet Muhammad’s style of adjudication...’ UN21 Interest Group Newsletter 'Kusha's book provides a reasoned analysis supported by a wealth of data about the criminal justice system in Iran as it relates to women...The book is a must read for both its criminological and historic significance.' International Criminal Justice ReviewTable of ContentsContents: Introduction; The Sharia law’s genesis: a brief history; The legal theory of Sharia law; Women’s legal status in Sharia law; Iran’s criminal justice system: from secular to Sharia; The criminogenic impacts of Sharia based criminal justice system in Iran, 1979-1999; Feminine crime under the Sharia based system in Iran; The Sharia law and female victimization in Iran; Conclusion; Index.
£130.00
Taylor & Francis Ltd Children, Medicine and the Law
Book SynopsisSelected for inclusion in this volume are the most significant and influential articles analyzing the key issues surrounding children, medicine and the law today. Issues examined include: the implications of assisted reproduction for children, neonatal intensive care, health care, HIV testing of new-born children, choosing sexual orientation and adolescents and life-and-death decisions.Trade Review'...a welcome contribution...shines light on many of the ethical dilemmas that arise when treating children.' The Journal of Legal MedicineTable of ContentsContents: Assisted Reproduction: Its Implications for Children: Market inalienability, Jane Radin; Give me children or I shall die! New reproductive technologies and harm to children, Cynthia B. Cohen; Human cloning and child welfare, Justine Burley and John Harris; The best interests of the child in assisted human reproduction: the interplay between the state, professionals and parents, Ken R. Daniels, Eric Blyth, Darrel Hall and Kathy M. Hanson. Sex Selection: Book review of Gendercide: the Implications of Sex Selection, by Mary Anne Warren, Helen Bequaert Holmes; A reply to Holmes on Gendercide, Mary Anne Warren; Preconception gender selection, John A. Robertson. Choosing the Sexual Orientation of Children: Choosing the sexual orientation of children, Edward Stein; Prenatal diagnosis: whose right?, David Heyd. Wrongful Life and Death: Moral obligations to the not-yet-born: the fetus as patient, Thomas H. Murray; Wrongful life and the counterfactual element in harming, Joel Feinberg; The wrong of wrongful life, John Harris; When is birth unfair to the child?, Bonnie Steinbock and Ron McClamrock; Prenatal wrongful death, Bonnie Steinbock; Genetic dilemmas and the child's right to an open future, Dena S. Davis. The Newborn's Status: Delivering hydrocephalic fetuses, Carson Strong. Defective Newborn Children: Deciding for imperilled newborns: medical authority or parental autonomy? Hazel E. McHaffie, Ian A. Lang, Michael Parker and John McMillan; Moral and ethical dilemmas in the special-care nursery, Raymond S. Duff and A.G.M. Campbell; Neonatal viability in the 1990s: held hostage by technology, Jonathan Muraskas, Patricia A. Marshall, Paul Tomich, Thomas F. Myers, John G. Gianopoulos and David C. Thomasma. Neonatal Intensive Care: Neonatal intensive care: parents' role in ethical decision making, Helen Harrison; Interdependence and reintegrative social control: labeling and reforming 'inappropriate' parents in neonatal intensive care, Carol A. Heimer and Lisa R. Staffen. HIV Testing of Newborn Children: An argument for universal paediatric HIV testing, counseling and treatment, Colin Crawford; Mandatory screening of newborns for HIV: and idea whose time has not yet come, Nina Loewenstein. Children as Donors: Should foetuses or infants be utilized as organ donors?, Arthur L. Caplan; Justice for children: the child as organ donor, Lianie Friedman Ross; Rethinking transplantation between siblings, James Dwyer and Elizabeth Vig; Role of a child advocate in the selection of donors for pediatric bone marrow transplantation, Frederic T. Serota, Charles S. August, Alice Tuohy O'Shea and William T. Woodward Jr and Penelope A. Koch; Procreation for donation: the moral and political permissibility of 'having a child to save a child', Mark P. Aulisio, Thomas May and Geoffrey D. Block. Conjoined Twins: The ethics of caring for conjoined twins: the Lakeberg twins, David C. Thomasma, Jonathan Muraskas, Patricia A. Marshall, Thomas Myers, Paul Tomich and James A. O'Neill Jr.; Human beings, persons and conjoined twins: an ethical analysis of the judgment in Re A, John Harris. Decisions about Health Care: The best interests standard as threshold, ideal and standard of reasonableness, Loretta M. Kopelman; Everyday and medical life choices: decision making among 8- to 15-year-old school students, Priscilla Anderson; Coercion or caring: analysing adolescent autonomy, Margaret Brazier and Caroline Bridge; Health care decision making by children: is it in their best interests?, Lianie Friedman Ross; Disclosure and consent problems in pediatrics, Angela R. Holder; When adolescents 'mismanage' their chronic medical conditions: an ethical exploration, Insoo Hyun. The Competence of Children: What do you say to a child with AIDS?, Michael Lipson; The competency of children and adolescents to make informed treatment decisions, Lois A. Wiethorn and Susan B. Campbell; Reasoning about illness in ill and healthy children and adolescents: cognitive and emotional developmental aspects, Elizabeth J. Susman, Lorah D. Dorn and John C. Fletcher; In the genes or in the stars? Children's competence to consent, Priscilla Alderson. Adolescents and life or Death Decisions: Affirming the decisions adolescents make about life and death, Robert F. Wier and Charles Peters. Children as Subjects of Research: Research with children, Leonard H. Glantz; Children's concepts of research hospitalization, A. Herbert Schwartz; The enforcement of morals: nontherapeutic research on children, Paul Ramsey; Prophylactic interventions on children: balancing human rights with public health, F.M. Hodges, J.S. Svoboda and R.S. van Howe; Is it in a neonate's best interest to enter a randomized controlled trial?, Peter Allmark, Su Mason, A.S. Bryan Gill and Christopher Megone. Genetic Testing of Children: Testing children for genetic predispositions: is it in their best interest?, Diane E. Hoffman and Eric A. Wulfsberg. Children's Rights to Health Care: Do children's right
£218.50
Taylor & Francis Ltd Divorce: A Psychosocial Study
Book SynopsisSeveral jurisdictions have attempted to render divorce more harmonious by abolishing matrimonial 'fault' and facilitating the resolution of divorce disputes by mediation. In Britain, these provisions appear in the Family Law Act 1996. The book presents a challenge to the underlying assumptions that conflict and the adversarial system are undesirable. Its focus is on adults’ experiences of divorce. In a series of interviews, divorcing people told their own stories of divorce. The personal narratives revealed that divorce can be emotionally traumatic, but it has positive sides too. The emotions of divorce are not pathological, but are readily explicable as ordinary human coping strategies, in the context of the real material privations that many divorcing people suffer. These coping strategies often involve conflict and acrimony. From a psychodynamic perspective, it is argued that these are integral, and psychologically necessary, aspects of the divorce process. This book is particularly topical in the light of the recent decision of the British Government to postpone the implementation of the Family Law Act 1996 and the acknowledged need for research to inform policy.Table of ContentsContents: Introduction: changing families, changing law; Divorce dispute resolution: a review of the literature; The psychology of divorce: a review of the literature; Theory and method for a psychosocial approach to divorce; Divorce: symptoms and feelings; Stories, genres, psychologies; Conclusions; Bibliography; Appendices; Index.
£130.00
Taylor & Francis Ltd Middle East and North Africa: Governance,
Book SynopsisThis collection contains articles by highly regarded scholars assessing governance, democratisation and human rights in the contemporary Middle East and North Africa. It also assesses the role that Islam plays in these areas. In the spirit of the 50th anniversary year of the United Nations Declaration of Human Rights, the authors examine the interrelationships among Islam, politics and human rights and evaluate each country’s contemporary record. The book contains in-depth articles on Islam and politics, Syria, Iraq, Jordan, Israel, the West Bank and Gaza, the Gulf States, Turkey, Egypt and the Maghreb (Morocco, Algeria, Tunisia, Libya and Mauritania). The authors discuss recent political developments in each of these countries and point out their accomplishments and shortcomings in the area of human rights.Trade Review’The book consists of original, innovative and insightful chapters written by recognized experts in the field. Scholars, decision-makers, policy advocates and others interested in the issues of human rights and governance will want this book on their reading shelf.’ Robert Olson, University of Kentucky, USA ’...offers a good chapter on Jordan...does an excellent job in showing the conspicuous discrepancy between the constitution/political discourse on human rights and practice ...quite informative.’ Middle East Studies AssociationTable of ContentsContents: Introduction; Islam, governance and democracy; Iraq: human rights in the republic of fear; Syria resists the end of history; Jordan; Egypt: human rights and governance; Democratization, liberalization and human rights: challenges facing the Gulf Cooperation Council; Turkey; Human rights within Israel; Human rights in the West Bank and the Gaza Strip: politics and law in transition; The rise and fall of democratization in the Maghreb.
£130.00
Taylor & Francis Ltd Partnering and Collaborative Working
Book SynopsisPartnering and Collaborative Working: Legal and Industry Practice brings together leading construction industry and legal experts to discuss key elements of the partnering process and how they can be implemented.
£171.00
Taylor & Francis Ltd Commencement of Laytime
Book SynopsisCommencement of Laytime is the only in-depth examination and discussion concerning the most important financial aspect of laytime which can affect all voyage charter parties and international contracts for the sale of goods. The information is presented in a style which is readable by ship operators, traders and other lay persons as well as legal professionals.Table of ContentsIntroduction- General Requirements of English Law Chapter 1. Arriving at the Agreed Destination Chapter 2. Special Clauses Relevant to Arriving at the Destination Chapter 3. Breaches of Contract/Damages Relevant to Arriving at the Destination: Implied Terms Chapter 4. Readiness Chapter 5. Special Clauses/Breaches of Contract/ Damages Relevant to Readiness (Including Draught and Bills of Lading and Fault of Owners) Chapter 6. Notice of Readiness Including Relevant Special Clauses and Acceptance of Notice of Readiness Chapter 7. Miscellaneous Matters
£375.00
Taylor & Francis Ltd Limits to Privatization: How to Avoid Too Much of
Book SynopsisLimits to Privatization is the first thorough audit of privatizations from around the world. It outlines the historical emergence of globalization and liberalization, and from analyses of over 50 case studies of best- and worst-case experiences of privatization, it provides guidance for policy and action that will restore and maintain the right balance between the powers and responsibilities of the state, the private sector and the increasingly important role of civil society. The result is a book of major importance that challenges one of the orthodoxies of our day and provides a benchmark for future debate.Trade Review'In the golden days of the Washington consensus, privatization was viewed as one of the central pillars of successful development. Ideology and interests triumphed over economic theory and experience, both of which noted the difficulties posed by privatization and its limitations. Through a series of case studies, Weizsäcker and his colleagues illustrate the limits to privatization' JOSEPH E. STIGLITZ, winner of the Nobel Prize in economics and former chief economist and senior vice-president of the World Bank 'Detailed case analysis is the only way to ensure that we learn how to get privatization policies right. This book with a sound ethical foundation is an invaluable resource for policy-makers, trade unions, the business community and all who are interested in what should be publicly or privately owned' JUAN SOMAVIA, Director-General, ILO 'This timely new book is an important contribution as we explore the crisis in good jobs for working people the world over' JOHN SWEENEY, President for Public Affairs, AFL-CIO 'Indigenous peoples are among those caught in the cracks between public and private ownership. Territories and resources which we traditionally own have been systematically and immorally appropriated both by states or the private sector. This book presents solutions for balanced approaches to regulate privatization which otherwise threatens to endanger our continuing existence' VICTORIA TAULI CORPUZ, Executive Director, Tebtebba (Indigenous Peoples' International Centre for Policy Research and Education), PhilippinesTable of ContentsPART I INTRODUCTION * Limits to Privatization * PART II PRIVATIZATION IN MANY SECTORS: CASE STUDIES AND SNAPSHOTS * Initial remarks * NATURAL RESOURCES AND RELATED INDUSTRIES * Water * Metals and Cement * Other Resources * NETWORK INDUSTRIES * Energy * Telecommunication and Postal Services * Transportation * OTHER SERVICES * Waste Disposal * Insurance * Culture and Media * Health * Education * Pensions * Police and Security * PART III PRIVATIZATION IN CONTEXT * Initial remarks * The General Context * The Regional Context * Special Issues * PART IV GOVERNANCE OF PRIVATIZATION * Initial remarks * Regulation * Privatization and Municipal Democracy * Financing Global Public Goods: Challenges * Escaping Pernicious Dualism: Civil Society between the State and the Firm * Private Governance: Private Rules for Privatization? * 'Co-evolution' between State Regulation and the Private Sector * PART V CONCLUSION * Lessons Learned from Privatization *
£115.00
Taylor & Francis Ltd Trade, Aid and Security: An Agenda for Peace and
Book Synopsis'A compelling contribution to our evolving understanding of the links between trade, aid and security � and what the international community needs to do to ensure peace and development in the world.' Achim Steiner, Executive Director, United Nations Environment Programme 'For far too long the international community ahs stood by while countries around the world descend into conflict and anarchy. We need to understand how we can engage more effectively with fragile and failing states. Trade, Aid and Security is an important step in this direction.' Jan Pronk, Special Representative of the UN General Secretary in Sudan and Former Minister of Development and the Environment, The Netherlands. 'As we begin to contemplate what the post-Iraq world will look like it is vital that we reflect on the limits of the utility of hard power and the importance that development can play in avoiding failed states before they fail, preventing conflicts and more successfully re-building states. This timely book makes a most important contribution to that process.' Lord Paddy Ashdown, UN High Representative for Boznia and Herzegovina, 2002 � 2006 Leader of UK Liberal Democrat Party, 1988 � 1999 'As UN Special Representative to the Great Lakes Region of Africa I have seen the devastating impact of the trade in �conflict resources� with my own eyes. Amongst much else, this book shows how different trade and aid politics can tackle the trade in conflict resources and make a real contribution to secure societies. It is essential reading.' Mohamed Sahnoun, Special Representative of the UN Secretary General in Central and East Africa. Iraq, Afghanistan, Darfur. All resonate loudly on the international stage, exposing and illustrating the intractable links between global security, control over naturals resources � be it oil, water, timber or 'conflict diamonds' � and the manipulation of foreign aid and international trade policy. This volume, written by leading authorities from across the globe, introduces the linkages between trade, aid and security, and exposes how inappropriate or misused trade and aid policy can and do undermine security and contribute to violence and the disintegration of national states. On a practical level they demonstrate how six key areas of trade and aid policy can be used to help forge stability and security, reduce the likelihood of armed conflict, and assist economic and political recovery in our war-torn world.Trade Review'This book presents a remarkable analysis of the multiple linkages between aid, trade and security and provides thoughtful alternatives to current ways aid is delivered and trade regulated... highly recommended to practitioners and researchers working on issues related to aid conditionality.' Natural Resources ForumTable of ContentsIntroduction: Trade, Aid and Security: An Agenda for Peace and Development * Designing Conflict-sensitive Trade Policy * Developing Conflict-sensitive Aid: The Relationship between Aid and Conflict * Promoting 'Good' Governance through Trade and Aid: Instruments of Coercion or Vehicles of Communication? * Building Markets for Conflict-free Goods * Promoting Conflict-sensitive Business in Fragile States: Redressing Skewed Incentives * Managing Revenues from Natural Resources and Aid * Conclusion: Prospects for Peace and Progress *
£130.00
Taylor & Francis Ltd Surviving the Century: Facing Climate Chaos and
Book SynopsisEnvironmental and human catastrophe looms ever larger for planet Earth. Powerful action is required now to turn a deepening global crisis into an unprecedented opportunity for positive change. This book shows how a dramatic transformation of how humans relate to the Earth, and to one another, can be achieved. Surviving the Century is the first major publication by the World Future Council (WFC), a new international voice for future generations. Reflecting the positive mission of the WFC, each chapter addresses a different critical issue in a systematic and constructive way, describing and analysing the topic before indicating real solutions. The eight main issues covered are: countering climate chaos, renewable energy policy, local farming systems, rainforests and climate change, creating sustainable cities, cradle to cradle production systems, a radical vision for trade and creating a living democracy. Surviving the Century is a must-have primer and action plan for all leaders in government, business and NGOs, and for all who want to be part of the historic opportunity to provide solutions to the greatest challenge humanity has ever faced. Published with the World Future Council.Trade Review'Excellent value and should be read by all.' Janet Sprent, British Ecological Society, Dec 2007. 'The book outlines a road map to a sustainable future in an age increasingly threatened by climate chaos.' Resurgence MagazineTable of ContentsForeword by Jakob von xkuell * Introduction: Future - What Future? * Addressing Climate Chaos * Renewable Energy is the Future * Feeding People in an Age of Climate Change * Climate and the Amazon * Creating Sustainable and Liveable Cities * Cradle to Cradle Production * A Radical New Vision for World Trade * The Promise of Living Democracy * Index
£130.00
Taylor & Francis Ltd Biodiversity and the Law: Intellectual Property,
Book SynopsisHow do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, aims to address this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.Trade Review'Improving the international governance of biodiversity is a very necessary but enormous challenge. These top quality essays, which comprise the finest collection published so far on this controversial subject, provide a rich and diverse source of informed perspectives.' Graham Dutfield, Centre for International Governance, University of Leeds 'This book provides a detailed examination of the contemporary debate on how to reconcile global economic development with the preservation of our biological and cultural diversity. This debate brings into tension human rights with intellectual property and industrial development with food security. Professor McManis is to be commended for compiling this important, inter-disciplinary compendium of perspectives.' Michael Blakeney, Professor of Law, Queen Mary College, University of London 'Biodiversity and the Law is a very timely and relevant publication. It has managed to capture and present most of the key and critical issues surrounding debates over and relations between biodiversity, biotechnology, intellectual property and traditional knowledge. A must read for anyone seeking to understand the far reaching policy, legal, economic and social implications of current discussions over these issues.' Manuel Ruiz, lawyer with the Peruvian Environmental Law SocietyTable of ContentsBiodiversity, Biotechnology and Traditional Knowledge Protection: Law, Science and Practice * Part I: Biodiversity: What are We Losing and Why - And What is to be Done? * The Epic of Evolution and the Problem of Biodiversity Loss * Naturalizing Morality * Across the Apocalypse on Horseback: Biodiversity Loss and the Law * Impact of the Convention on Biological Diversity: The Lessons of Ten Years of Experience with Models for Equitable Sharing of Benefits * Biodiversity, Botanical Institutions and Benefit Sharing: Comments on the Impact of the Convention on Biological Diversity * The Link Between Biodiversity and Sustainable Development: Lessons from INBio‘s Bioprospecting Programme in Costa Rica * On Biocultural Diversity from a Venezuelan Perspective: Tracing the Interrelationships Among Biodiversity, Culture Change and Legal Reforms * From the Tragedy of the Commons to the Tragedy of the Commonplace : Analysis and Synthesis through the Lens of Economic Theory * Part II: Biotechnology: Part of the Solution or Part of the Problem - Or Both? * Biodiversity, Biotechnology and the Environment * Principles Governing the Long-run Risks, Benefits and Costs of Agricultural Biotechnology * Costa Rica: Biodiversity and Biotechnology at the Crossroads * Biotechnology for Sustainable Agricultural Development in Africa: Opportunities and Challenges * Biotechnology: Public-Private Partnerships and Intellectual Property Rights in the Context of Developing Countries * Agricultural Biotechnology and Developing Countries: The Public Intellectual Property Resource for Agriculture (PIPRA) * Commentary on Agricultural Biotechnology * The Birth and Death of Traditional Knowledge: Paradoxical Effects of Biotechnology in India * Part III: Traditional Knowledge: What Is It and How, If At All, Should It Be Protected? * From the Shaman‘s Hut to the Patent Office: A Road Under Construction * Traditional Knowledge: Lessons from the Past, Lessons for the Future * The Demise of Common Herita
£71.24
Taylor & Francis Ltd Force Majeure and Frustration of Contract
Book SynopsisThis updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.Table of ContentsChapter 1 Introduction and Interrelationship Chapter 2 The Drafting of Force Majeure Clauses Chapter 3 Frustration, Force Majeure and Shipping Law Chapter 4 Applying the Principles - Industrial Action and Building Contracts Chapter 5 Frustration, Remedies and Re-Appraisal Chapter 6 International and Comparative Aspects
£171.00
Taylor & Francis Ltd Recycling and the Politics of Urban Waste
Book SynopsisThe affluence of western society has given rise to unprecedented quantities of waste, presenting one of the most intractable environmental problems for contemporary society. This book examines recycling and municipal waste management in three major cities: London, New York and Hamburg. A range of political and economic issues are examined to illustrate how any reduction in the size of the waste stream in order to achieve more equitable and environmentally sustainable patterns of resource use is incompatible with the current emphasis in the use of the market for environmental protection. The case studies show how, contrary to the hopes of many environmentalists and policy makers, municipal waste management is moving steadily towards the profitable option of incineration with energy recovery, rather than the recycling of materials or waste reduction at source. The evidence suggests that the achievement of a more sustainable pattern of recycling and waste management policy would demand a fundamental change in public policy, to give government a more active role in environmental protection.Table of ContentsIntroduction * The Management of Municipal Waste * Recycling in Perspective * London * New York * Hamburg * Conclusion * Notes and References * Further Reading * Index
£42.99
Taylor & Francis Ltd Making Global Trade Work for People
Book SynopsisThe world's trade regime is promoted by international agencies and most governments as the best way to lift the poor out of poverty and achieve sustainable development. But does it contribute to human development or not? This reassessment looks in detail at the way it has worked under the GATT and under the World Trade Organization, and analyses how it is working and how it can be improved. The book aims to make major contribution to the debates surrounding globalization and the impact of trade on the poor, on social stability and on the environment. It is intended to provide a benchmark for future policy discussion and analysis.Trade Review'A call for a paradigm shift in trade discourse.' Ali Said Mchumo, Deputy Secretary General, East African Community, former ambassador of the United Republic of Tanzania to the WTO (1995-2002), Chair of the WTO's General Council (Feb 1999-2000) and coordinator for the Least Developed Countries in the WTO (2001). 'A key message of this book is that an evaluation of the multi-lateral trade regime should be based on whether it maximizes possibilities for human development - especially in developing countries.' Future Survey 'What this book does is to argue, quite forcibly, that there must be a major shift away from this dominance by the rich countries.' CNN Money 'The book can be read as a series of easily accessible chapters, even for the non-initiated, with well-demarcated chapters containing figures, tables and boxes that illustrate in a graphic way the glaring imbalances that bedevil the global trading system.' International Affairs 'A far-reaching reassessment of current multilateral trade regimes examines how they can be improved in order to make a genuine contribution to human development.' Business Horizon 'An authoritative and systematic handbook for trade negotiators and policy analysts alike' World Trade Review, vol 2-3 2003 'A welcome contribution and should go some way to strengthen efforts to rebalance the existing asymmetries to the multilateral trade system' World Trade Review, vol 2-3 2003 'This is a stimulating volume with a wealth of illustrative tables and figures. It has a truly international authorship and global perspective'. Alan Hay, Geography, Jan 2004.Table of ContentsPreface * Acknowledgements * Abbreviations * Glossary * Overview - Making Global Trade Work For People * PART 1 TRADE FOR HUMAN DEVELOPMENT: Human Development And Trade * The Global Trade Regime * Towards A Human Development Oriented Global Trade Regime * Reforms To The Global Governance Of Trade * PART 2 AGREEMENTS AND ISSUES: Agriculture * Commodities * Industrial Tariffs * Textiles And Clothing * Anti-Dumping * Subsidies * Trade-Related Aspects Of Intellectual Property Rights * Trade-Related Investment Measures And Investment * General Agreement On Trade In Services * Competition Policy * Transparency In Government Procurement * Trade Facilitation * Standards * Trade And Environmental Policy * Strengthening Capacities
£35.99
Taylor & Francis Ltd South Africa's Struggle to Remember: Contested
Book SynopsisTransitional justice studies typically focuses on how nations remember, face and deal with histories of past violence. This book, however, shifts the frame from national discourses of transitional justice onto local memory actors who attempt to engage with these broader systems of meaning from below. The case study is based on the memory struggles of individuals and groups who are attempting to gain access to the discourses and benefits associated with dominant memory identities of ‘victim’ and ‘veteran’ in the context of post-transition South Africa. They share a common history of squatter resistance in the Western Cape in the 1980s and a common struggle for inclusion in dominant memory frameworks. The main theme of this book is the politics of memory, as it relates to the conversation between national and local memory. Integrated within this theme is the further theme of alternative histories and counter-memories of struggle from below. In focusing on counter memories of violence and transition this book aims to tell a different version of South African liberation history in relation to the dominant narrative. It analyses local memory actors' attempts to bring their lived histories into conversation with national discourses of reconciliation and the national liberation struggle. In doing so it unpacks a memory paradox occurring within these narratives, which highlights the politics of inclusion and exclusion within the frames of transitional justice knowledge. On the one hand this alternate story exposes the paradox between local and national memory while on the other hand it brings into focus the local experience of the intersection between international transitional justice discourses and national transition politics. This book will be of local and international interest to scholars and students in the field of transitional justice, memory politics, national liberation struggle and South African historiography. It will also be of interest to a broader South Africa public, as it offers a deeper understanding of South Africa’s history, which challenges taken for granted transitional justice frames of knowledge. Trade Review"This study ...uti-lises a unique and often stirring collection of voices expressing suffering, confusion and indignation in relation to the past and present to put forward insightful argu-ments about power in transitional societies."Danielle Van Zyl-Hermann, University of the Free State, African Affairs, April 2017, Vol 4116, Issue 463Table of Contents1. Histories of struggle and violence 2. Transitional justice memory frames 3. Unfolding a memory paradox 4. Narratives of struggle and violence 5. Narratives of transition: Disillusionment and dependency 6. Reclaiming people's power in local memory 7. Hegemony and agency in memory narratives
£123.50
Taylor & Francis Ltd Negative Images: A Simple Matter of Black and
Book SynopsisThat black young people have been subject to unequal treatment in the youth justice system has been the belief of some individuals and groups, reinforced, at best, by anecdotal evidence. Negative Images: A Simple Matter of Black and White? provides not only evidential weight to uphold this view but also provides some insights into the processes by which it comes about. Findings of a case study detailed in the book demonstrate how in one youth court black youths were over-represented amongst those receiving high-tariff sentencing and that this over-representation could not be explained by seriousness or persistence of offending. Whilst responsibility for differential sentencing has often been laid at the door of Magistrates, this study reveals how social work court report practice may be contributing to the situation.Table of ContentsContents: The Backdrop: Introduction; Racism; Changing ideologies and the development of the juvenile justice system in England and Wales; Social Inquiry Reports: Historical developments and literature review; The juvenile justice system and Race. Negative Images: Wolverhampton, social services and the local juvenile justice system; Research methodology; Quantitative research; Qualitative research; Summary of findings and recommendations.
£130.00
Cambridge University Press A Critical Introduction to Law and Literature
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£31.34
Cambridge University Press Law and Colonial Cultures Legal Regimes in World History 14001900 Studies in Comparative World History
Book SynopsisAdvances an interesting perspective in world history, arguing that institutions and culture - and not just the global economy - serve as important elements of international order. Focusing on colonial legal politics and the interrelation of local and indigenous cultural contests and institutional change, the book uses case studies to trace a shift in plural legal orders - from the multicentric law of early empires to the state-centered law of the colonial and postcolonial world. In the early modern world, the special legal status of cultural and religious others itself became an element of continuity across culturally diverse empires. In the nineteenth century, the state's assertion of a singular legal authority responded to repetitive legal conflicts - not simply to the imposition of Western models of governance. Indigenous subjects across time and in all settings were active in making, changing, and interpreting the law - and, by extension, in shaping the international order.Trade Review'… this book can be warmly recommended for its topicality, as well as its provocative thesis and rich detail.' The Round TableTable of ContentsAcknowledgements; 1. Legal regimes and colonial cultures; 2. Law in diaspora: the legal regime of the Atlantic world; 3. Order out of trouble: jurisdictional tensions in Catholic and Islamic empires; 4. A place for the state: legal pluralism as a colonial project in Bengal and West Africa; 5. Subjects and witnesses: cultural and legal hierarchies in the Cape Colony and New South Wales; 6. Constructing sovereignty: extra-territoriality in the Oriental Republic of Uruguay; 7. Culture and the rule(s) of law; Bibliography; Index.
£23.74
Cambridge University Press China Long March toward Rule of Law
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£45.98
Cambridge University Press The Framework of Judicial Sentencing
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Cambridge University Press The Theory of Contract Law
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£36.09
Cambridge University Press The Judicial Process Realism Pragmatism Practical Reasoning and Principles
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£42.74
Cambridge University Press Islamic Jurisprudence in the Classical Era
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£95.00
Cambridge University Press Aboriginal Youth and the Criminal Justice System
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£22.79
Cambridge University Press Australian Constitutional Landmarks
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£32.29
Cambridge University Press The 911 Effect Comparative CounterTerrorism
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£36.52
Cambridge University Press Convergence in Shareholder Law
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£46.54
Cambridge University Press United States Practice in International Law
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£41.83
Cambridge University Press The Science of a Legislator
Book SynopsisCombining the methods of the modern philosopher with those of the historian of ideas, Knud Haakonssen presents an interpretation of the philosophy of law which Adam Smith developed out of -- and partly in response to -- David Hume''s theory of justice. While acknowledging that the influences on Smith were many and various, Dr Haakonssen suggests that the decisive philosophical one was Hume''s analysis of justice in A Treatise of Human Nature and the second Enquiry. He therefore begins with a thorough investigation of Hume, from which he goes on to show the philosophical originality of Smith''s new form of natural jurisprudence. At the same time, he provides an over-all reading of Smith''s social and political thought, demonstrating clearly the exact links between the moral theory of The Theory of Moral Sentiments, the Lectures on Jurisprudence, and the socio-historical theory of The Wealth of Nations.This is the first full analysis of Adam Smith''s jurisprudence; it emphasizes its nTrade Review"Students of the Scottish Enlightenment are indebted to Knud Haakonssen for this excellent monograph on the theories of justice of David Hume and Adam Smith." American Historical Review"...provides a very full account of Smith's theory of law, its basis in the psychology of the spectator, and its amplification in precise historical detail, while at the same time presenting a personal ordering of the mass of Smith's complex work." The Times Higher Education SupplementTable of ContentsAcknowledgements; List of abbreviations; 1. Introduction; 2. Hume's theory of justice; 3. Smith's moral theory; 4. Smith's theory of justice and politics; 5. Smith's analytical jurisprudence; 6. Smith's critical jurisprudence; 7. Smith's historical jurisprudence; 8. Natural jurisprudence in the face of history; Notes; Bibliography; Index.
£42.74
Cambridge University Press United States Practice in International Law
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£36.87
Cambridge University Press Law and Empire in Late Antiquity
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£75.00
Cambridge University Press Justice
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Cambridge University Press The Settlement of Disputes in Early Medieval Europe
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£37.99