Sources of law: legislation Books

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Book SynopsisSince the 1950s, European integration has included ever more countries with ever-softening borders between them. In its apparent reversal of integration and its recreation of borders, Brexit intensifies deep-seated tensions, both institutional and territorial, within and between the constitutional orders of the United Kingdom and Ireland. In this book, leading scholars from the UK and Ireland assess the pressures exerted by Brexit, from legal, historical, and political perspectives. This book explores the territorial pressures within the UK constitution, connecting them to the status of Northern Ireland before exploring how analogous territorial pressures might be addressed in a united Ireland. The book also critically analyses the Brexit process within the UK, drawing on Irish comparative examples, to assess unresolved tensions between popular mandate, legislative democracy, and executive responsibility. Through practical application, this book explores how constitutions function undeTrade Review'This timely collection provides one of the very first insights into the impact of Brexit on UK and Irish Constitutional law. It tackles this complex and challenging subject with clarity, expertise and insight, in contributions from both newer voices and well-established scholars. It will become essential reading for all who wish to learn more about this subject.' Sionaidh Douglas-Scott, Anniversary Chair in Law, Queen Mary University of London'This is a timely and valuable collection of essays that explores the challenges posed by Brexit for Ireland and the UK. These challenges played a significant part in the negotiation of the Withdrawal Agreement, and were centre stage in subsequent trade discourse. The book will be of interest to all those concerned by the impact of Brexit on constitutional ordering broadly conceived.' Paul Craig, Emeritus Professor of English Law, University of OxfordTable of ContentsPreface; List of contributors; Introduction: the constitutional tensions of Brexit Oran Doyle, Aileen McHarg and Jo Murkens; Part I. Territorial Pressures in Ireland and the United Kingdom: 1. Subsidiarity, competence, and the UK territorial constitution Jo Hunt; 2. Brexit and the mechanisms for the resolution of conflicts in the context of devolution: do we need a new model? Elisenda Casanas Adam; 3. Beyond matryoshka governance in the 21st century: the curious case of Northern Ireland Sylvia de Mars and Aoife O'Donoghue; 4. Political parties in Northern Ireland and the post-Brexit constitutional debate David Mitchell; 5. The constitutional significance of the people of Northern Ireland C. R. G. Murray; 6. The constitutional politics of a United Ireland Oran Doyle, David Kenny and Christopher McCrudden; 7. The minority rights implications of Irish unification James Rooney; Part II. Institutional Pressures and Contested Legitimacy: 8. Populism and popular sovereignty in the UK and Irish constitutional orders Eoin Daly; 9. Party, democracy and representation: the political consequences of Brexit Malcolm Petrie; 10. Westminster versus Whitehall: what the Brexit debate revealed about an unresolved conflict at the heart of the British constitution David Howarth; 11. Brexit and the problem with delegated legislation Adam Tucker; 12. Litigating Brexit Christopher McCorkindale and Aileen McHarg; 13. The law officers: the relationship between executive lawyers and executive power in Ireland and the United Kingdom Conor Casey; 14. In search of the constitution Martin Loughlin.

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Book SynopsisThis book examines the challenges of Brexit for the legal and political landscape in the UK and in Ireland and for the relationship between the two countries. It will appeal to anyone wishing to inform themselves more deeply about the political and constitutional pressures exerted by Brexit.Trade Review'This timely collection provides one of the very first insights into the impact of Brexit on UK and Irish Constitutional law. It tackles this complex and challenging subject with clarity, expertise and insight, in contributions from both newer voices and well-established scholars. It will become essential reading for all who wish to learn more about this subject.' Sionaidh Douglas-Scott, Anniversary Chair in Law, Queen Mary University of London'This is a timely and valuable collection of essays that explores the challenges posed by Brexit for Ireland and the UK. These challenges played a significant part in the negotiation of the Withdrawal Agreement, and were centre stage in subsequent trade discourse. The book will be of interest to all those concerned by the impact of Brexit on constitutional ordering broadly conceived.' Paul Craig, Emeritus Professor of English Law, University of OxfordTable of ContentsPreface; List of contributors; Introduction: the constitutional tensions of Brexit Oran Doyle, Aileen McHarg and Jo Murkens; Part I. Territorial Pressures in Ireland and the United Kingdom: 1. Subsidiarity, competence, and the UK territorial constitution Jo Hunt; 2. Brexit and the mechanisms for the resolution of conflicts in the context of devolution: do we need a new model? Elisenda Casanas Adam; 3. Beyond matryoshka governance in the 21st century: the curious case of Northern Ireland Sylvia de Mars and Aoife O'Donoghue; 4. Political parties in Northern Ireland and the post-Brexit constitutional debate David Mitchell; 5. The constitutional significance of the people of Northern Ireland C. R. G. Murray; 6. The constitutional politics of a United Ireland Oran Doyle, David Kenny and Christopher McCrudden; 7. The minority rights implications of Irish unification James Rooney; Part II. Institutional Pressures and Contested Legitimacy: 8. Populism and popular sovereignty in the UK and Irish constitutional orders Eoin Daly; 9. Party, democracy and representation: the political consequences of Brexit Malcolm Petrie; 10. Westminster versus Whitehall: what the Brexit debate revealed about an unresolved conflict at the heart of the British constitution David Howarth; 11. Brexit and the problem with delegated legislation Adam Tucker; 12. Litigating Brexit Christopher McCorkindale and Aileen McHarg; 13. The law officers: the relationship between executive lawyers and executive power in Ireland and the United Kingdom Conor Casey; 14. In search of the constitution Martin Loughlin.

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Book SynopsisWe, the King reveals how ordinary subjects aided and abetted law-making in the Spanish Empire, demonstrating how its policies, racial categories, and society were created from the bottom up. An important study for scholars of Colonial Latin America, this work reassesses our understandings of kingship, empire, race, and colonialism.Trade Review'Meticulously researched and beautifully written, We, the King unveils the labyrinthine petitioning process involved in enacting thousands of legislative decrees and reveals how diligent vassals shaped colonial policies and categories of difference. It dismantles the standard view of the Spanish colonial state as the architect of legal rule that was all-seeing and all-pervasive. This outstanding work should be required reading for all colonial Latin Americanists.' Nancy E. van Deusen, author of Global Indos: The Indigenous Struggle for Justice in Sixteenth-Century Spain'Adrian Masters has produced an ambitious study of early modern bureaucracy, law-making, and subaltern agency. Deeply researched and carefully written, We, the King is an indispensable resource for scholars of the Iberian empire.' Michelle McKinley, author of Fractional Freedoms: Slavery, Intimacy and Legal Mobilization in Colonial Lima, 1600–1700'In this tour de force analysis of lawmaking in the early modern Spanish empire, Adrian Masters reveals that not only were the king's New World vassals co-creators of royal law, but most provocatively, that it was their petitions to the crown that helped codify the human differences that would inform the caste system.' S. Elizabeth Penry, author of The People Are King: The Making of an Indigenous Andean Politics'Adrian Masters masterfully unpacks the powerful legal fiction of the King of Spain and Emperor of the Indies, demonstrating that the world's first global empire was a contingent and collective enterprise made by paper-peddling brokers and subalterns. A must read for anyone interested in the early modern history of empires and governance.' Mark Thurner, author of History's Peru: The Poetics of Colonial and Postcolonial HistoriographyTable of ContentsList of figures; List of tables; Acknowledgments; Prelude: A Peruvian pestizo at the Spanish Court; Introduction: the collective making of an empire; 1. Paper ceremonies for a global empire: Gobierno petitions and the collective work of Voluntad; 2. The co-creation of the Imperial Logistics Network; 3. Distant kings, powerful women, prudent ministers: the gendered creation of the Council of the Indies; 4. Lawmaking in a portable council: Gobierno decision-making technologies before 1561; 5. 'Bring the Papers:' Royal decision-making and the power of archives in Madrid, 1561–1598; 6. Creating the royal decree: format, phraseology, and petitioners' transformation of Indies law; 7. Pedro Rengifo's epilogue: subjects of chance; Conclusions; Index.

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Book SynopsisThis book is an engaging and useful desk companion for judges and practicing lawyers, as well as general readers and graduate students interested in the constitutional basis of US treaty-making, methods of interpreting treaties, and why it can be difficult to bring treaty claims in US courts.Trade Review'Featuring an array of leading scholars, this excellent collection provides a much-needed update on recent developments in treaty law in the US legal system. By showing the growing hurdles facing domestic treaty enforcement, the in-depth essays in this volume together should greatly assist in overcoming the challenges they describe.' Martin S. Flaherty, Leitner Family Professor of International Human Rights Law and Founding Co-Director, Leitner Center of International Law and Justice, Fordham University School of LawTable of ContentsIntroduction Paul R. Dubinsky, Gregory H. Fox and Brad R. Roth; 1. Treaties in US law from the Founding to the Restatement (Third) Mark Janis and Noam Wiener; 2. Treaties and the Third Restatement Gregory H. Fox; 3. Competing models for treaty interpretation: treaty as contract, treaty as statute, treaty as delegation Paul R. Dubinsky; 4. Self-execution Ingrid Wuerth; 5. Treaties, federalisation, and the contested legacy of Missouri v. Holland Margaret McGuinness; 6. Recent trends in US treaty implementation David P. Stewart; 7. The treaty and its rivals: making international agreements in US law and practice Michael D. Ramsey; 8. Judicial barriers to the enforcement of treaties Roger P. Alford; 9. Case study no. 1: exploring US treaty practice through a military lens Geoffrey Corn and Dru Brenner-Beck; 10. Case study no. 2: private law treaties and federalism: can the United States lead? Paul R. Dubinsky; 11. Conclusion Gary B. Born.

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Book SynopsisA central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other timTrade Review'Palanza brings formidable tools to bear in this book - sophisticated theory, extensive data, deep knowledge of her cases, and clear writing. She tests her ideas with extensive studies of policy making in Brazil and Argentina, as well as with rigorous analysis drawing data from across Latin America. She shows us what factors push presidents toward unilateral policymaking and what institutional conditions foster legislative influence. This book is a real achievement.' John M. Carey, John Wentworth Professor in the Social Sciences, Dartmouth College'Palanza's Checking Presidential Power is a long overdue corrective to the often uncritical assumption that presidents are all-powerful and that legislatures (and courts) are mere bystanders in Latin America's separation-of-powers systems. By refusing to consider presidents and their decrees in isolation, Palanza's book gives us a much more holistic account, both theoretically and empirically, of how policy gets made in separation-of-powers systems.' Brian F. Crisp, Washington University, St Louis'This is a great book. It is the first to provide a comprehensive and positive theory of the choice between policy-making by decree versus statute. Unlike previous work, it places the decision about the relative incidence of executive decrees in a broad strategic context, which includes not only the president but also legislators, the courts and interest groups. Palanza offers detailed empirical analysis of decree usage in several countries, as well as, to my knowledge, the first cross-national analysis of law-making by decree in presidential systems. This book will be required for anyone interested in executive politics, institutional analysis, presidentialism, democratization, Latin American and many other areas.' José Antonio Cheibub, Mary Thomas Marshall Professor in Liberal Arts, Texas A & M University'In her groundbreaking book, Palanza (Pontificia Universidad de Chile) examines policy making in separation of powers systems by explaining the levels of reliance on executive decrees that may lead to unbalanced presidential systems and ultimately low democratic quality. The author accurately defends the long-held belief that policy enacted by decree is less stable than policy enacted by the widely supported congressional statutes.' K. M. Zaarour, ChoiceTable of Contents1. Introduction: a choice of paths behind each policy; 2. Decrees versus statutes: choice of legislative paths in separation of powers systems; 3. Institutions and institutional commitment; 4. Reinstatement of congressional decision rights: Brazil; 5. A corollary of low levels of institutional commitment: Argentina; 6. The choice of legislative paths in comparative perspective; 7. Conclusions: rules, institutional commitment, and checks on presidents.

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Book SynopsisFederal firearms regulation has been a subject of continuous interest for legislators. In recent Congresses, a range of proposals has been introduced, with some seeking to ease various federal firearms restrictions or facilitate reciprocity in state treatment of persons authorized to carry a firearm by another state. Other proposals have sought greater restrictions on the federal rules concerning the possession, transfer or sale of firearms, or the expansion of background checks for firearm purchases. These various approaches, in turn, prompt debate about not only their pros and cons but also their legalities, as Congress's ability to legislate on such matters must comport with the Second Amendment and other constitutional constraints. This book discusses important gun control issues.Table of ContentsPrefaceU.S. Gun Policy: Framework and Major IssuesFederal Firearms Laws: Overview and Selected Legal Issues for the 116th CongressFirearm Red Flag Laws in the 116th CongressGun Control: Federal Law and Legislative Action in the 114th CongressGun Control: FY2017 Appropriations for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Other Initiatives3D-Printed Guns: An Overview of Recent Legal DevelopmentsGun Control: 3D-Printed AR-15 Lower ReceiversATFs Ability to Regulate Bump StocksDoes ATFs Bump-Stock Ban Comport with the APA?What You Dont Know Cant Hurt You: Supreme Court to Address Knowledge Requirement for Firearm OffensesGun Control, Mental Incompetency, and Social Security Administration Final RuleGun Control, Veterans Benefits, and Mental Incompetency DeterminationsFirearms Background Checks Under H.R. 8 and H.R. 1112Firearm Background Checks: Current Federal Framework and the House-Passed Proposals in the 116th CongressFirearms Eligibility: Stalking- and Domestic Violence-Related Provisions in H.R. 1585Can the Government Prohibit 18-Year-Olds from Purchasing Firearms?Post-Heller Second Amendment JurisprudenceIndex.

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Book SynopsisUnder the Appointments Clause, the President is empowered to nominate and appoint principal officers of the United States, but only with the advice and consent of the Senate. In addition to this general appointment authority, the Recess Appointments Clause permits the President to make temporary appointments, without Senate approval, during periods in which the Senate is not in session. This book begins with a general legal overview of the Recess Appointments Clause and a discussion of applicable case law that existed prior to the D.C. Circuit''s decision in Noel Canning. In Noel Canning v. National Labor Relations Board, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) ruled that President Obama''s appointments of three Members to the National Labor Relations Board (NLRB) were constitutionally invalid. This book focuses on the ramifications that the Noel Canning decision might have on the President''s authority to make recess appointment by providing a legal analysis of Noel Canning and the applicable case law that existed prior to that decision. The U.S. Constitution explicitly provides the President with two methods of appointing officers of the United States. This book also provides an overview of the Recess Appointments Clause, exploring its historical application and legal interpretation by the executive branch, the courts, and the Comptroller General. It also reflects on the U.S. Court of Appeals for the D.C. Circuit''s decision in Noel Canning v. Nat''l Labor Relations Board, which held that the President''s three recess appointments to the National Labor Relations Board (NLRB) were invalid.

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Book SynopsisAn essential collection of articles, tables and notes, to define and explain the modern uses and relationships - as well as the global origins, evolution and culture - of the units composing what became known as the Imperial System, but has since in practice become the universal Anglo-American system of customary measures. For use in the home, in schools, in government and public bodies, by trade, industry, the media and in countries overseas. For quick reference, occasional consultation, continual study or simply reading for pleasure.

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Book SynopsisThis new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women's bodies and the law, or with the profound regulatory consequences of new technologies.Trade Review...welcomed as a valuable and essential addition to a very contentious topic. The processing, presentation and analysis of data and the development and arrangement of the content of the book are indicative of a thorough investigation and grasp of the topic, as well as a scientific dissemination of voluminous research material. Although the book will be essential reading for lecturers, students, practitioners of medical law and health care professionals, it will also be an asset to any bookshelf. P A Carsten, University of Pretoria Stellenbosch Law Review October 2001 This will be a very valuable book for the wealth of information it contains and the ease of acces to it that Jackson produces in her clear and concise writing style. The narrative is well-informed and up-to-date. The author has produced a very interesting, comprehensive and accessible account of the law's involvement in reproductive choice and I believe that it is a valuable addition to the literature in this area. Professor Sheila McLean, Glasgow University Journal of Social Welfare and Family Law October 2001Table of ContentsPart 1 In defence of reproductive autonomy. Part 2 Birth control: introduction; regulating access to birth control - United Kingdom, developing countries; defective birth control - defective sterilisation, defective contraception; involuntary birth control - a brief history of eugenic sterilisation, compulsory birth control, sterilisation in cases of incapacity; conclusion. Part 3 Abortion: introduction; the law; access to abortion; special problems - distinguishing between contraception and abortion, are some abortions morally "worse" than others?; conclusion. part 4 Pregnancy and childbirth: introduction; regulation of prenatal care and obstetric services - access and accountability, the medicalisation of pregnancy and childbirth; forced caesarean sections; controlling pregnancy - third parties, "maternal" immunity, "maternal" liability; health promotion - employment, health promotion programmes; conclusion. Part 5 Reproductive technologies: introduction; what is infertility?; what are reproductive technologies? - cryopreservation, assisted insemination by husband/partner, donor insemination, oocyte (egg) donation, in viro fertilisation, gamete intra-fallopian transfer, micromanipulation, cloning; critics of reproductive technologies - unnaturalness, child welfare arguments, the femnist critique; regulation in the UK - controlling the provision of treatment, regulating access, regulating the status and the use of gametes, regulating the status and use of the embryo, parentage, regulating new technologies; conclusion. Part 6 Surrogacy: introduction; the law - commercialisation, status, acquiring legal parenthood, (non) regulation, reform; is surrogacy acceptable? - an option of last resort?, why don't "they" adopt instead?, harm to children?, risk of exploitation, commodification of reproduction; lessons from contract law; conclusion. Postscript.

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Book SynopsisThis book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg’s phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.Trade ReviewDrafting Legislation is a formidable work. It is detailed, it is comprehensive, and, although dense in content, is a worthwhile read for the information it presents. Prof. Xanthaki has made an outstanding contribution to advancing what she correctly labels as the art and science of drafting. It is indispensable work for those serious about drafting legislation. * Theory and Practice of Legislation *This book is a new project that brings together a decade or more of teaching, research and practice to analyse the function, objectives and ideas of legislative drafting. … the book certainly deserves to go to further editions …. Scholarship and wisdom in this excellent book… Its breadth of learning and its depth of practical wisdom should ensure that it becomes a standard reference book for drafting students and drafting practitioners alike. It deserves a permanent place on drafters’ bookshelves alongside their favourite dictionary, their thesaurus, their prized books on writing techniques, and their well-thumbed Thornton. -- Peter Butt * Public Law *The book is published in an auspicious moment, with the Cabinet Office and the Office of Parliamentary Counsel currently running a Good Law initiative … In part, this book might be seen as an advertisement for such a course (in legislative drafting) and it will be for those who read it to see whether they wish to take up the challenge. * Legal Studies *Professor Xanthaki is one of those all too rare legal academics who deign to consider some of the more practical aspects of the practice of law (…). Professor Xanthaki is to be commended for taking a now accepted precept of drafting with the intended audience in mind and applying it in a much more rigorous way (…). She has done a great service to the drafting community in bringing together an enormous body of literature on legislative drafting, providing a framework for analysing it and performing that analysis on the many practical aspects of the discipline. The book is a valuable resource and stimulus for critically thinking about how laws should be drafted. Can there be any higher calling in the legal world? -- John Mark Keyes * Loophole *Helen Xanthaki’s new book on Drafting Legislation is a big leap forward (…) The book is an excellent introduction to drafting legislation from a modern perspective, useful to English and non-English readers. * European Journal of Law Reform *A new book on legislative drafting is to be welcomed. Following her sensitive editing of the fifth edition of Thronton, Porfessor Xanthakin here sets herself the task of applying Flyvberg’s model of phronetic social science to the process of legislative drafting. … Professor Xanthaki .. . is to be congratulated on presenting the reader with an impressively wide range of both official and academic literature on drafting * Statute Law Review *Xanthaki presents in Drafting Legislation a uniquely wide analysis of legislative drafting, and keeps true to her goal not to merely present legislative techniques but to critically analyse them. * Legislation and Evaluation (LeGes) *The theoretical and doctrinal approach of the volume of Helen Xanthaki is undoubtedly innovative. The approach can only bring benefits. * Rassegna Parlamentare *The book of Helen Xanthaki is in many ways impressive and a high quality contribution. * Zeitschrift fur Gesetzgeburg *Table of Contents1. Legislation as a Means of Regulation: Effectiveness in Legislative Drafting Introduction The Nature of Rules for Regulation: Art or Technology? The Universality of Rules for Regulation Compilations of Rules for Regulation: Homogeneity versus Rigidity? Conclusions 2. Drafting Instructions What are Drafting Instructions? Purposes of Drafting Instructions . The Four Principles of Drafting Instructions What is the Content of Drafting Instructions? Quality of Legislative Instructions Style of Drafting Instructions Conclusions: a Checklist for Quality Drafting Instructions To Sum Up: Checklist for Legislative Instructions 3. The Legislative Plan: Designing a Legislative Solution Designing a Legislative Solution: What is it? The Advantages of Compiling a Legislative Plan The Elements of Analysis in the Legislative Plan Analysis of the Existing Law Analysis of the Necessity of Legislation as a Solution to the Identified Social Need Analysis of Potential Danger Areas Analysis of the Policy Options and the Preferred Legislative Solution Analysis of the Projected Interpretation of the Legislation Initial Considerations of Structure: Thring’s Five ‘Golden Rules’ Conclusions 4. Structure of a Bill The Theory: Lord Thring’s Five Rules of Drafting Revisited More Doctrine: Bergeron’s Rules The Practice: Thornton’s Approach Structure in Brief: the Traditional Style Structure in Brief: Innovation Arrangements in Parts Headings Sections Marginal Notes Marginal References Table of Arrangements or Arrangement of Sections Real Innovation: the Layered Approach An Example of the Layered Approach in Action: The Succession to Crown Act 2013 (UK) 5. Clarity, Precision, Unambiguity and the Legislative Sentence The Basics Ambiguity and Vagueness Semantic Ambiguity Common Problems with Small Words: May, Shall, And/Or Unless—Except Scale Indicators Terms Conveying Ranges of Numbers, Days, Dates and Ages That and Which Serial Commas and Ambiguity Syntactic Ambiguity or Ambiguity at the Sentence Level The Placement Problem Modifiers of Nouns Punctuation: Thornton’s Four Rules of Punctuation Gender-Neutral Drafting (gnd) 6. Plain Language What is Plain Language? Plain Language Aspect 1: Knowing your Audience Plain Language Aspect 2: Easy Communication Common Problems of Legislative Texts Best Practices for an Easy Communication: Plain Language Innovations The Debate: Concerns with Plain Language Concern 1: Plain Language Lowers the Standards of Good Writing Concern 2: Intelligibility Concern 3: Plain Language Can only be Achieved if Certainty is Sacrificed Concern 4: Plain Language Leads to a Loss of Established Meanings of Words Settled over Centuries of Judicial Interpretation The Way Forward 7. Preliminary Provisions The Structure of an Act Preliminary Provisions: A Plain Language Approach The Introductory Text (Formerly Known as Long Title) Enacting Clause Start Date (Formerly Known as Commencement) Application Provisions Innovations for the Future 8. Principal Provisions: the National, EU and International Dimension Principal Provisions Substantive Provisions Administrative Agency Provisions The EU Dimension: National Implementing Measures The Choice of Form The Choice of Language, Syntax and Structure Summing up The International Dimension: Implementing International Agreements Innovation 9. Final Provisions Saving Provisions Transitional Provisions Repeals and Consequential Amendments Purpose Clause/Objectives Commencement/Duration Provisions or Start/End Date Short Title Schedules Schedule of Definitions Other Schedules 10. Comparative Legislative Drafting The Clichés Statutory Interpretation Rules of Interpretation and Construction in the Common Law: Ilbert’s Rules Rules of Interpretation and Construction in the Civil Law World The End of the Cold War in (Statutory) Interpretation Stare Decisis Drafting Rules and Conventions Conclusions 11. Time in Legislation Prospective Provisions Legalising Provisions Retrospective Legislation Retroactive Provisions The Drafter and Legalising Provisions 12. Amending Provisions Initial Considerations Express and Implied Amendment Direct and Indirect Amendment Drafting Techniques for Direct Textual Amendments Indirect Amendments Amalgamating Indirect Referential Amendment with Direct Textual Amendment Consequential Amendments Implied Repeals 13. Penal Provisions Drafting Instructions: Initial Considerations The Legislative Plan The Parts of a Penal Provisions Rules of Construction General Rules and Innovation Expressing the Conduct Sanctions Special Circumstances Defences Special Considerations 14. Delegated Legislation What is Delegated Legislation? The Role of the Drafter in Delegated Legislation Use of Delegated Legislation Validity of Delegated Legislation Construction 15. Drafting for Consolidation v Drafting for Codification Codification Consolidation Codification versus Consolidation Diverse Models and the EU 16. Taxation Legislation Understanding Drafting Instructions: Initial Considerations for the Drafter Analysing the Proposal Designing the Law Initial Design Drafting Verification Use of Code 17. Extra-territorial Legislation The Theory of Extra-territoriality: Realism, Liberalism and Beyond Extra-territoriality in Practice Blocking Legislation Alternatives to Blocking Legislation The Rules on Extra-territorial Legislation 18. Statutory Interpretation and Legislative Drafting Current Techniques of Statutory Interpretation in the UK The Drafters’ Duty Presumptions Maxims Drafting and Statutory Interpretation 19. Quality of Legislation Post-Lisbon and the Role of Parliaments The EU’s Regulatory Framework for Legislative Quality The Post-Lisbon Smart Regulation Initiative The UK Approach to Regulatory Quality Modern Parliaments and Legislative Quality 20. Legislative Education and Training Education and Training Training versus Mentoring on the Job Clinical Education and Training in Legislative Drafting National versus Universal Training for Drafters Conclusions

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Book Synopsis“[This book] will be of great value to practitioners, students, academics and judges — whatever their level of experience. […] The trouble for many legal practitioners, and indeed for many legal book writers, can be a failure to see the wood for the trees, and that is a particular risk when it comes to a subject as fissiparous as statutory interpretation. David Lowe and Charlie Potter are to be congratulated for having avoided that risk: they have written a crisp and engaging book, which covers this important topic in an informative and accessible way…” From the foreword by David Neuberger Understanding Legislation provides a practical, accessible guide to interpreting both English and European legislation of all kinds. This book can be used as a first port of call for practitioners and students on all matters of statutory construction. It is designed to serve as a succinct and authoritative point of reference for questions concerning sources of legislation, the anatomy and structure of differing instruments and matters of interpretation. As well as considering how to read statutory language, and the key principles and presumptions that the courts will apply, the book addresses how other legislation and materials can influence the interpretive exercise and in what way. To this end, it discusses the interpretive significance of the different components of legislation, the various external aids to construction that may exist, and the role of international law, the European Convention on Human Rights (through the Human Rights Act 1998) and EU law in interpreting domestic law. While the primary focus is on English law, the treatment of EU and international law will also serve as concise freestanding guidance as to the sources of EU law, the construction of EU legislation and the construction of treaties.Trade Review[W]ell written ... well organised and accessible. A must-have for law undergraduates and postgraduates and for practitioners. -- Simon Parsons * New Law Journal *[A] commendably concise, well-organised and clearly structured book that will operate as an invaluable introduction to all of the core issues of statutory interpretation. The book can, and indeed should, genuinely be read cover to cover to provide an overview of the core ideas and the trends of the case law, without losing one’s way in a morass of historical and unhelpful detail... as an unparalleled practical introduction to one of the truly essential subjects, every public lawyer should own Understanding Legislation. -- C J S Knight, 11KBW * Public Law *Table of Contents1. Introduction to Domestic Legislation: Statutes and Subordinate Legislation 2. Anatomy and Structure of Domestic Legislation 3. Core Principles and Approach 4. General Presumptions as to the Intended Effect of Legislation 5. Interaction of Legislation 6. Internal Aids to Interpretation 7. External Aids to Interpretation 8. The Interpretation Act 1978 9. The Effect of International Law on Domestic Legislation 10. Impact of the Human Rights Act 1998: Sections 3 and 4 11. Sources of EU Law and the Nature, Anatomy and Structure of EU Legislation 12. Interpretation of EU Law and its Effect on Domestic Legislation 13. Research Tools and Works of Reference 14. Checklist: Practical Considerations

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Book SynopsisSince the beginning of the 20th century, various attempts have been made by legal scholars to draft a Civil Code in China. However, only since the 1980s, when the 'open-door' policy was implemented, has Chinese Civil law become the basis for the development of a socialist market economy. Since the adoption of Chinese contract law (1999), property Law (2007) and tort Law (2009) in recent years, the basic construction of a socialist civil law system has been formulated. For the completion of a systematic civil law structure, a Civil Code has now been further advocated by society. The Draft Civil Code, prepared by the Chinese Academy of Social Sciences headed by Liang Huixing, is the first Draft Civil Code since the establishment of the People's Republic of China. The English translation of this code aims to provide a source for western scholars to provide some knowledge on recent developments of Chinese civil law. Also available as a Hardback edition (978-90-04-19042-9).Table of ContentsSince the beginning of the 20th century, various attempts have been made by legal scholars to draft a Civil Code in China. However, only since the 1980s, when the 'open-door' policy was implemented, has Chinese Civil law become the basis for the development of a socialist market economy. Since the adoption of Chinese contract law (1999), property Law (2007) and tort Law (2009) in recent years, the basic construction of a socialist civil law system has been formulated. For the completion of a systematic civil law structure, a Civil Code has now been further advocated by society. The Draft Civil Code, prepared by the Chinese Academy of Social Sciences headed by Liang Huixing, is the first Draft Civil Code since the establishment of the People's Republic of China. The English translation of this code aims to provide a source for western scholars to provide some knowledge on recent developments of Chinese civil law.

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Book SynopsisThis unique collection offers a survey of legal and legislative means to combat racism, xenophobia, anti-semitism and other forms of related intolerance. Its aim is threefold: 1) to provide a legal model for fighting racism, xenophobia, anti-semitism and discrimination through domestic legislation; 2) to compare existing national legislation with international legal instruments designed to combat racial and other forms of discrimination, in order to bring domestic laws into line with international legal norms; 3) to provide a tool for researchers, legislators, human rights activists and all those who work to protect the rights of minorities and victims of incitement and discrimination, as well as for domestic and international institutions, which monitor compliance with these laws. The survey thus constitutes a major contribution to the study of racism and anti-semitism because it demonstrates how these phenomena can be fought through the medium of the law. Each volume consists of two sections: the first, containing international conventions; the second, and main section, containing current constitutional law, specific legislation and ratification of international conventions in (over 200) individual states. Volume 1 deals with Europe; Volume 2 with the Americas; Volume 3 with Africa and Volume 4 with Asia and the South Pacific.Table of ContentsIntroduction; Albania; Andorra; Armenia; Austria; Azerbaijan; Belarus; Belgium; Bosnia and Herzegovina; Bulgaria; Croatia; Cyprus; Czech Republic; Denmark; Estonia; Finland; France; Georgia; Germany; Greece; Holy See (Vatican City); Hungary; Iceland; Ireland (Republic of); Italy; Kosovo; Latvia; Liechtenstein; Lithuania; Luxembourg; Macedonia, The Former Yugoslav Republic of; Malta; Moldova; Monaco; Montenegro; The Netherlands; Norway; Poland; Portugal; Romania; Russian Federation; San Marino; Serbia; Slovakia; Slovenia; Spain; Sweden; Switzerland; Turkey; United Kingdom; Ukraine; International Documents; European Documents; Tables – Ratification Status of International & European treaties.

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Book SynopsisLegislating for Equality – a Multinational Collection of Non-Discrimination Norms is a compilation of constitutional provisions, penal code provisions and national laws on the prohibition of discrimination, racism and xenophobia. The book, divided into four volumes, offers a useful compendium for governmental and non-governmental agencies, civil rights practitioners and researchers, outlining the legal framework in all UN Member States on matters relating to discrimination on the basis of race, religion and ethnicity, prohibition of hate crimes and hate speech, and the protection of minorities. Each volume also includes relevant international and regional treaties and ratification tables. The first volume on Europe was published in August 2012. In this second volume, updated to 31 November 2012, we turn our attention to the Americas: North America, Latin America, and the Caribbean. During the past decade many American countries amended their constitutions and enacted laws protecting the rights of indigenous people.Table of ContentsForeword by Director-General of UNESCO, Irina Bokova ; Introduction; Antigua and Barbuda; Argentina; Bahamas; Barbados; Belize; Bolivia; Brazil; Canada; Chile; Colombia; Costa Rica; Cuba; Dominica; Dominican Republic; Ecuador; El Salvador; Grenada; Guatemala; Guyana; Haiti ; Honduras; Jamaica; Mexico; Nicaragua; Panama; Paraguay; Peru; Saint Kitts and Nevis; Saint Lucia; Saint Vincent and the Grenadines; Suriname; Trinidad and Tobago; United States; Uruguay; Venezuela; International Documents; Regional Documents ; Caribbean Documents; Tables – Ratification Status of International, Regional & Caribbean treaties.

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Book SynopsisLegislating for Equality – a Multinational Collection of Non-Discrimination Norms is a compilation of national constitutional provisions and laws on non-discrimination and the promotion of equality. The aim of the book, divided into four volumes, is to provide a comprehensive overview of the legal frameworks of all UN Member States on matters relating to discrimination on the basis of race, religion and ethnicity, prohibition of hate crimes and "hate speech". Each volume also includes relevant international and regional treaties and ratification tables. The first volume on Europe was published in August 2012. The second volume on the Americas was published in 2013. In this third volume, we turn our attention to the African continent.Table of ContentsForeword by Director-General of UNESCO, Irina Bokova; Introduction; Algeria; Angola; Benin; Botswana; Burkina Faso; Burundi; Cameroon; Cabo Verde; Central African Republic; Chad; Comoros; Congo, Democratic Republic of Congo, Republic of Cote D'Ivoire; Djibouti; Egypt; Equatorial Guinea; Eritrea; Ethiopia; Gabon; Gambia; Ghana; Guinea, Republic of Guinea-Bissau; Kenya; Lesotho; Liberia; Libya; Madagascar; Malawi; Mali; Mauritania; Mauritius; Morocco; Mozambique; Namibia; Niger; Nigeria; Rwanda; Sao Tome and Principe; Senegal; Seychelles; Sierra Leone; Somalia; South Africa; South Sudan; Sudan; Swaziland; Tanzania; Togo; Tunisia; Uganda; Zambia; Zimbabwe; International Documents; Regional Documents; Tables – Ratification Status of treaties.

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Book SynopsisThe growing demand for natural resources has triggered a “race” to their exploitation and possession, especially in developing countries. Most desired are water, land, forests, raw materials (oil, gas, mineral and precious stones), fisheries and genetic resources. Emerging economies, Western states, multinational corporations and international financial institutions have become the biggest “buyers” in a race that on one hand strengthens economies and creates investment opportunities and on the other threatens local communities and environmental protection. Natural Resources Grabbing: An International Law Perspective aims at filling a gap in the legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.Table of ContentsIntroduction (F. Romanin Jacur, A. Bonfanti, F. Seatzu) PART I: Mapping the Field 1. The Practice of Land Grabbing and Its Compatibility with the Exercise of Territorial Sovereignty (Federica Violi) 2. Resources Grabbing and Human Rights: Building a Triangular Relationship Between States, Indigenous Peoples and Corporations (Nadia Bernaz and Jérémie Gilbert) PART II: The Human Rights Context 3. Who is Entitled to Cultivate the Land? Sovereignty, Land Resources and Foreign Investments in Agriculture in International Law (Jochen Von Bernstorff) 4. Land Grabbing and International Human Rights: The Jurisprudence of the Inter-American Court of Human Rights on the Rights of Indigenous Peoples (Elisa Ruozzi) 5. Water Grabbing and Water Rights: Indigenous ‘Sovereignty’ v. State Sovereignty? (M. Bordignon, R. Greco, G. Lepore) 6. The Right to Water and Access to Water Resources in the European Development Policy (Marco Borraccetti) PART III: The Environmental Context 7. Tackling the Grabbing of Genetic Resources and of Associated Traditional Knowledge Trough the Nagoya Protocol (Francesca Romanin Jacur) 8. Natural Resources Grabbing: The Case of Tropical Forests and REDD+ (Annalisa Savaresi) 9. International Land Investments or the Environment Put Up for Auction: the Case of the Niger Basin (Komlan Sangbana) 10. The European Integration and the 2009 Renewable Energy Directive: A Suitable Framework for the Implementation of the Sustainability Criteria for Biofuels Production in Third-States? (Federico Esu and Solenne Avet) PART IV: The Investment Context 11. Integrating Human Rights into the Extractive Industries: How Investment Contracts Can Achieve Protection (Anil Ylmaz and Tara Van Ho) 12. The Role of International Environmental Principles in Investment Treaty Arbitration: Precautionary and Polluter Pays Principles and Partial Compensation (Tomoko Ishikawa) 13. Exploration and Extraction of Natural Resources: MIGA’s Role in the Promotion of Foreign Investments in Developing Countries (Inesa Stolper) 14. On the World Bank’s Efforts in Defence of the Human Right to Land (Francesco Seatzu) PART V: The WTO Context 15. The WTO Members’ Right to Protect Animals in International Trade: A TBT Perspective (Angelica Bonfanti) 16. Water Resources’ Exploitation and Trade Flows: The Impact of International Trade Law (Julinda Beqiraj) 17. Energy Export Restrictions in the WTO Between Resources Nationalism and Sustainable Development (Ilaria Espa) PART VI: Conflicts and Crimes 18. On the Financing of Civil Wars through Natural Resources: Is there a Duty of Vigilance for Third States on the Activities of Trans-national Corporations? (Marco Pertile) 19. Breaking the ‘Resource Curse’: Prosecuting Pillage of Natural Resources (Garima Tiwari) Conclusion (A. Bonfanti, F. Romanin Jacur, F. Seatzu) INDEX

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Book SynopsisThis book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe.Table of ContentsIntroduction: Themes and Context (Cairns and Du Plessis); 1. An Introduction to the Interpretation of Legal Technicalities (Bezemer); 2. The Citation and the Ius Commune (Helmholz); 3. Medieval Family Law (Waelkens); 4. Legal Reasoning in Contract and Delict (Gordley); 5. The Buyer's Remedy for Latent Defects (Hallebeek); 6. Commercial Law (Ernst); 7. The Law of Unjustified Enrichment (Schrage/Dondorp); 8. The Law of Succession (Ryan); 9. The Roman Law of Property and the Reality of the Middle Ages (Rufner); 10. Fault-lines between contract and property in the medieval law of pledge (Du Plessis); 11. Malicious litigation and the rise of the legal profession (Brundage).

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Book SynopsisThis volume contains a wide-ranging selection of materials on constitutional and administrative law, human rights and civil liberties, making it essential for public law students on the Scottish LLB Law degree. This edition includes the Early Parliamentary Elections Act 2019, the Contingencies Fund Act 2020 and the Coronavirus (Scotland) Act 2020.

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Book Synopsis"...the uber-manual of all legislative drafting manuals" Statute Law Review, 2023, 44 If you’re involved in drafting or amending legislation in the Commonwealth, the EU or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law. Thornton’s Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. Completely refreshed and updated, the new sixth edition includes full coverage of contemporary drafting developments and advances. Fully updated and alongside the detailed, learned and professional guidance and examples of best, and bad, practice, the new 6th edition includes new chapters on: - Legislation as a Tool for Regulation - Transposition of EU Legislation - Pre- and post-legislative scrutiny: the lifecycle of legislation Thornton's Legislative Drafting helps the reader to: - Identify the aim of legislation as one of the regulatory tools - Align their concept of legislative quality with that of effectiveness of legislation - Use effectiveness as the criterion for resolving drafting dilemmas - Apply the effectiveness doctrine to all aspects of legislative drafting - Earn exposure to examples of best and bad practice drawn from a plethora of jurisdictions - Earn awareness of best practice in aspects of legislative drafting worldwide - Understand the “why” behind legislative conventions, thus becoming equipped with the tools for their application in practice.Trade Review...the uber-manual of all legislative drafting manuals...Like all legislative drafters around the world, I love Thornton’s Legislative Drafting both in its earlier editions and its new editions, and I will always regard it as an invaluable tool for those who wish to think more about the choices that they make in their everyday drafting activities. It is an essential work for which the legislative drafting community remains constantly grateful. -- Daniel Greenberg CB * Statute Law Review, 2023, 44 *The 6th edition of a legal text is in itself a tribute to its durability and usefulness. In the over 50 years since G.C. Thornton published his 1st edition in 1970, his book has stood the test of time … Under the direction of Professor Xanthaki, the 5th and now 6th editions … have continued to pursue Thornton’s original objective of providing practical guidance to those engaged in drafting legislation. -- John Mark Keyes, University of Ottawa * The Loophole *Table of Contents1 Legislation as a tool for regulation 2 Words 3 Syntax and punctuation 4 Style 5 Specific matters of style 6 Miscellaneous words and expressions 7 Interpretation Acts 8 The drafting process: Part 1 9 The drafting process: Part 2 10 Formalities and arrangement 11 Preliminary provisions 12 Powers and duties 13 Substantive and administrative provisions: Part 1 14 Substantive and administrative provisions: Part 2 15 Substantive and administrative provisions: Part 3 16 Supplementary provisions 17 Penal provisions 18 Final provisions 19 Amending legislation 20 Subordinate legislation 21 Transposition of EU legislation 22 Pre- and post-legislative scrutiny: The lifecycle of legislation

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Book SynopsisThis practical guide demystifies health and safety in early years settings with a step-by-step guide to the law, compliance and practical application. Bringing together health and safety legislation and the welfare requirements within the revised Early Years Foundation Stage 2012, it successfully integrates health and safety within the EYFS. Including information taught on a variety of courses accredited by CACHE and BTEC, references to EYFS and Health and Safety legislation, specific guidance for childminders and audit tools for evaluation, it can be referred to as needs arise or used as an aid to inspection. This book is for all staff working within the Early Years Foundation Stage (EYFS) or environmental health. It will be useful for auditing, improving standards and preparing for inspection and it offers a clear outline of responsibilities within the legislative framework. It could also be used for in-house training or workshops.

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Book SynopsisHow do you go about drafting an Act of Parliament? In this classic text, Lord Thing, the great Victorian Parliamentary Counsel, sets out the basic rules of the art and craft of creating legislation. Operating in a field where there are no concrete rules, Thring saw the need to formulate general rules of guidance for those inexperienced in the art of legislative drafting and published his work following his appointment as First Parliamentary Counsel. Much of what he says remains relevant now and so, this new edition presents it to a modern readership.Trade ReviewThring's Practical Legislation has been popular with legislative drafters for a long time. RONAN CORMACAIN, Taylor & FrancisAnyone interested in legislative drafting will welcome the re-appearance of this influential work [which] has attracted an aura which transcends the sum of its parts. SIR GEOFFREY BOWMAN KCB, QC, Former First Parliamentary Counsel from the foreword

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Book SynopsisEuropean Union Treaties and related secondary legislation provides students and practitioners with an easy to use and accessible version of the Treaties of the European Union and secondary legislation. The text has been carefully designed for students sitting examinations in EU law and to enable quick and easy access to provisions of the TEU, TFEU and other secondary legal instruments.As well as a consolidated version of the Treaties, the text also contains access to the key Directives and Regulations relating to competition law, the free movement of goods, EU Citizenship, anti discrimination law and many other areas of EU law. This text has been approved by the Law Society of Ireland for use in the FE-1 examination.Table of Contents Treaty on the European Union (TEU)  Treaty on the Functioning of the European Union (TFEU)  Charter of Fundamental Rights of the European Union (EUCFR)  Secondary Legal Instruments

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Book SynopsisForeign Corrupt Practices Act Compliance Guidebook shows readers how the Foreign Corrupt Practices Act (FCPA) has grown to critical importance to any U.S. company that does business in a global environment, as well as foreign companies that supply or have agency agreements with U.S. companies. It provides an overview of the business risks and guidance on spotting potential red flags regarding FCPA violation. Business professionals are provided with practical guidance on managing FCPA requirements as part of an overall compliance program.Table of ContentsForeword xix Preface xxi Acknowledgments xxv 1 BRIBERY, CORRUPTION, AND THE FOREIGN CORRUPT PRACTICES ACT 1 Global Crackdown 3 Devastating Cost of Corruption 4 Government’s Commitment to FCPA Enforcement 6 FBI’s Laser Focus on Anti-Corruption 7 Watergate and the Birth of the FCPA 8 Securities and Exchange Commission Enters the Fight 9 Senate Investigations 10 Kissinger’s Resistance 11 Lockheed’s Defiance 12 Questionable Corporate Payments Task Force 13 FCPA Enactment 14 Compliance Insight 1.1: First FCPA Prosecution 15 Criticism of the FCPA 17 A Culture of Compliance 18 2 OVERVIEW OF THE FOREIGN CORRUPT PRACTICES ACT 23 FCPA Provisions 23 Leveling the Playing Field 25 Antibribery Provisions 25 Jurisdiction 29 Facilitating Payments 29 Affirmative Defenses 30 FCPA Elements Summary 30 Compliance Insight 2.1: Metcalf and Eddy Civil FCPA Settlement 31 Books, Records, and Internal Controls Provision 34 Books and Records Elements Summary 35 Sarbanes-Oxley and the FCPA 35 Opinion Procedure 36 Penalties 37 Third-Party and Successor Liability 39 Compliance Insight 2.2: Self-Disclosure Follows M&A Activity 40 Why Corruption Matters 41 Compliance Insight 2.3: Afghanistan: A Case Study in Corruption 42 Increased Enforcement 45 3 GOVERNMENT GUIDANCE AND SIGNIFICANT CASES 49 Filip Memorandum 50 FCPA Compliance Programs: Case Law Guidance 52 A Lesson in Overseas Compliance 53 Compliance Insight 3.1: Rogue Employee Does the Crime, Company Does the Time 54 Cold Cash: U.S. v. Jefferson 56 Voluntary Disclosure 58 Evaluating the Seaboard Criteria in Mitigating Enforcement Actions 58 Compliance Insight 3.2: Appointment of Corporate Monitor Results in Charges of Cronyism 62 Selecting a Monitor: The Morford Memo Standards 63 Thought Leader in Corporate Compliance: George Stamboulidis 65 Government Procurement Fraud and the FCPA 68 Federal Acquisition Regulations Disclosure Requirements and the FCPA 68 Business Ethics Awareness and Compliance Program 70 4 GLOBAL ANTI-CORRUPTION EFFORTS 75 Globalization of Law Enforcement Cooperation 76 International Antibribery Efforts 77 OECD Convention on Combating Bribery 77 Inter-American Convention Against Corruption 79 European Union Convention on the Fight Against Corruption 81 African Union Convention on Preventing and Combating Corruption 81 Council of Europe Criminal Law Convention on Corruption 82 United Nations Convention Against Corruption 84 United Nations Global Compact 86 Canada’s Corruption of Foreign Public Officials Act 86 Compliance Insight 4.1: INTERPOL Fights Corruption 87 International Anti-Corruption Organizations 89 Transparency International 89 Corruption Perceptions Index 89 Compliance Insight 4.2: 2009 Corruption Perceptions Index: Top 20 Countries 90 Compliance Insight 4.3: 2009 Corruption Perceptions Index: Bottom 20 Countries 91 Other Transparency International Resources 91 Compliance Insight 4.4: Foreign Bribery Enforcement in OECD Convention Countries 92 Compliance Insight 4.5: Foreign Bribery Cases and Investigations 93 Compliance Insight 4.6: Status of Foreign Bribery Cases 94 World Bank 95 International Monetary Fund 97 Asian Development Bank 97 World Trade Organization 98 Partnering Against Corruption Initiative 99 Thought Leader in Corporate Compliance: Alan Boeckmann 100 Global Anti-Corruption Enforcement Trends 102 The Good Fight Against Corruption 103 5 SIEMENS: A NEW COMMITMENT TO A CULTURE OF COMPLIANCE 107 Company Overview and History 108 The Road to Corruption 108 Munich Public Prosecutor’s Office Investigation 110 Self-Disclosure and Subsequent Internal Investigation 111 Legal and Fair Internal Investigation 112 Project Office Compliance Investigation 113 Amnesty and Leniency Programs 113 Cooperation with Law Enforcement 114 Compliance Comeback 114 Criminal Charges, Plea Agreements, and Fines 115 Compliance Insight 5.1: Key Elements of Siemens’ Compliance Program: Prevent–Detect–Respond 116 New Corporate Compliance Program 119 Corporate Compliance Monitor 121 Siemens’ Remedial Efforts 122 Replacement of Top Management 122 Comparison of Old and New Compliance Programs 123 Clear Reporting Lines 124 Training and Communication 125 Anti-Corruption Training Program 125 Anti-Corruption Handbook 126 Ombudsman Program 126 Strengthened Internal Audit Function 126 Enhancing Internal Controls 127 Enhanced Policies and Procedures 128 Compliance Insight 5.2: Enhancement of Policies and Procedures 128 Compliance Helpdesk 129 Anti-Corruption Toolkit 129 Compliance Insight 5.3: Siemens’ Anti-Corruption Toolkit Focus Areas 130 Business Partner Review and Approval 131 Supplier Code of Conduct 132 Compliance Insight 5.4: Business Partner Review and Approval Process 133 Corporate Disciplinary Committee 134 Compliance Element of Senior Management Compensation 134 Compliance Progress Report 134 Compliance Insight 5.5: Siemens’ Compliance Progress Report from Q2 FY 2009 135 Becoming a Recognized Leader in Compliance 136 Compliance Insight 5.6: Siemens’ Compliance Objectives for 2009 136 Partnering with the World’s Anti-Corruption Community 136 Partnering Against Corruption Initiative 137 Business Guide on Fighting Corruption 137 The Road Forward 138 6 WORLDWIDE HOTSPOTS FOR CORRUPTION: UK, RUSSIA, AFRICA, THE MIDDLE EAST, AND LATIN AMERICA 143 Overview 144 Thought Leader in FCPA Compliance: Scott Moritz 145 The Natural Resource-Corruption Link 147 UK Tackles International Corruption 148 Compliance Insight 6.1: Weak Internal Controls Leads to Fine for Insurance Giant 149 UK Bribery Bill 151 Mabey & Johnson Prosecution 152 Strong Message from the SFO 153 Russia 154 Doing Business in Russia 156 Africa 157 Nigeria 158 Middle East 160 The Oil-for-Food Scandal 161 Compliance Insight 6.2: Companies Implicated in Oil-for-Food Scandal 162 Iraq Today 163 Latin America 163 Cases of Corruption 164 Multinational Company As Victim 165 7 WORLDWIDE HOTSPOTS FOR CORRUPTION AND BRIBERY: CHINA, CENTRAL ASIA, INDIA, AND ASIA PACIFIC 171 China 172 The Dangers of Agents: Avery Dennison 172 Heightened Anti-Corruption Enforcement Efforts in China 174 Corruption and Societal Discontent 176 Criminal Law of the People’s Republic of China 176 Company Law of the People’s Republic of China 177 Anti-Unfair Competition Law of the People’s Republic of China 177 Invitation and Submission of Bids Law of the People’s Republic of China 178 Interim Provisions on the Prohibition Against Commercial Bribery Acts 179 China Enforcement Agencies 179 Commission for Discipline Inspection of the Communist Party 179 Supreme People’s Procuratorate of the People’s Republic of China 179 Ministry of Public Security of the People’s Republic of China 180 State Administration for Industry and Commerce of the People’s Republic of China 180 The Dangers of Doing Business in China 180 Central Asia 182 ‘‘Mr. Kazakhstan’’ 182 Head in the Azeri Sand 184 Baker Hughes 185 India 186 Asia Pacific 187 Indonesia 188 Vietnam 188 South Korea 189 Taiwan 190 8 BAE SYSTEMS: PAST BEHAVIOR HAUNTS THE COMPANY 197 Al Yamamah Deal 198 Compliance Insight 8.1: Suspicious Activity Report, January 30, 2004 199 FBI Scrutiny 200 BAE’s Denial 200 Serious Fraud Office Inquiry 201 Tony Blair Quashes the Investigation 201 DOJ’s Hard-Line Approach 204 BAE Response 204 Compliance Insight 8.2: Types and Numbers of Calls to BAE’s Ethics Helpline 205 Woolf Committee 206 BAE Follows a Different Path 207 9 DESIGNING AN EFFECTIVE ANTI-CORRUPTION COMPLIANCE PROGRAM 211 Federal Sentencing Guidelines for Organizations 213 The Seven Steps to an Effective Compliance Program 214 DOJ Guidance on Anti-Corruption Compliance Programs 217 Compliance Program Design 219 Red Flags and Risk Areas 221 Department of Justice’s FCPA Red Flags 221 Red Flags When Doing Business With Third Parties 222 Travel and Entertainment 223 Gifts 225 Mergers and Acquisitions 225 Compliance Insight 9.1: Inherent Compliance Risk in Acquisitions and New Business Lines 226 Autonomous International Business Units 227 Don’t Ignore Small Payments 228 Facilitation Payments 228 Corrupt Payments 229 Anti-Corruption Design Never Ends 229 Thought Leaders in FCPA Compliance: Joseph Spinelli, Scott Moritz, and Jay Perlman 230 10 IMPLEMENTING AN EFFECTIVE ANTI-CORRUPTION COMPLIANCE PROGRAM 237 Anti-Corruption Standards and Procedures 238 Training and Communication 241 Red Flags Training 243 Anti-Corruption Training Best Practices 244 Compliance Insight 10.1: Driving Home the Impact of Corruption 245 Delivery Methods for Training 246 Specific Anti-Corruption Reporting Mechanism 246 Communicating the Compliance Program 247 Evaluating Your Anti-Corruption Training Program 248 M&A Due Diligence 250 Risk Assessments 251 Thought Leader in FCPA Compliance: Leslie McCarthy 252 Internal Accounting Controls 256 Role of Internal Audit 256 Anti-Corruption Audit Program 257 Other Compliance Program Best Practices 260 Field-Based Compliance Officers 260 FCPA Enforcement Database 261 Benchmarking 261 Commitment to Anti-Corruption Compliance Programs 261 Compliance Insight 10.2: Sample Compliance Activities Checklist 262 11 MONSANTO: FIGHTING CORRUPTION FOR A BETTERWORLD 265 A Commitment to Agriculture 266 DOJ and SEC FCPA Investigation 266 Acceptance of Responsibility and Remedial Actions 268 Compliance Insight 11.1: Monsanto Compliance Program Overview 269 Tone at the Top and a Revamped Code of Conduct 269 Messages from Senior Leaders 271 Business Conduct Office 272 Training 273 Regional Working Groups 274 FCPA Working Group Guidelines 275 Compliance Insight 11.2: Monsanto Business Conduct Policy Employee Guidelines 276 Gifts, Entertainment, and Other Promotional Expenditures 278 Per Diem Payments 280 Facilitating Payments 280 Political Donations 281 Charitable Donations and Donations to Governments 281 Trade Associations 282 Doing Business with Foreign Officials and Their Relatives 283 Dealing with Third Parties 283 Training Third Parties 285 Joint Ventures 286 Contractual Safeguards and Oversight 287 Audit 288 Opinion from Outside Counsel 289 Local Law Advice 290 Response to Possible Violations 291 Internal and Independent Investigations 291 Internal Coordination and Training 291 The Monsanto Pledge 292 12 INTERNAL INVESTIGATIONS 293 Consequences of Failing to Act 294 Preparing for the Investigation 296 Preserving Documentary and Electronic Information 297 Assembling the Investigative Team 298 Investigations Code of Conduct 299 Investigative Plan 301 Conducting Interviews 303 Thought Leader in Internal Investigations: David Z. Seide 304 Employee Legal Representation 307 Interviewing and Reporting 308 Employee Cooperation with Company Investigations 309 International Investigations 310 Anti-Corruption Enforcement Trends 310 Siemens Internal Investigation Approach 311 Determining Systemic Corruption and FCPA Violations 312 Self-Disclosure of FCPA Violations 313 Compliance Emergency Preparedness Kit 315 13 PAST, PRESENT, AND FUTURE OF THE FCPA 319 The Past 320 The Present 321 Thought Leader in FCPA Compliance: Marjorie Doyle 323 Corporate Ignorance Is Not Bliss 328 It’s Not Rocket Science 329 On the Horizon 330 The Future 330 Battling the Disease of Corruption 331 Appendix Opinion Procedure Releases 335 About the Authors 347 Index 351

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Book SynopsisIn this first book-length treatment of those questions, the author explains that legislatures pass laws temporarily in order to reduce opposition from the citizenry, to increase the level of information revealed by lobbies, and to externalize the political costs of changing the tax code on to future legislatures.Trade ReviewLaw and the Limits of Government by Frank Fagan is a creative and enormously useful book for any scholar of legislation, timing rules, and politics. --Jacob Gersen, Harvard Law SchoolTable of ContentsContents: Foreword by Francesco Parisi Part I: Theory 1. Introduction 2. Short- to Medium-term Residual Effects 3. Long-term Residual Effects 4. Information and Commitment 5. Temporary Tax Legislation Part II: Evidence 6. Passage Probability 7. Sponsor's Age 8. Conclusion Bibliography Index

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Book SynopsisA Century of Constitutional Reform is a detailed study of the introduction, passage and consequences of major constitutional legislation in the United Kingdom. The book covers legislation enacted since the passage of the Parliament Act 1911, with contributions from leading specialists.Table of ContentsList of Contributors. 1. Introduction: A Century of Change (Philip Norton). 2. Hedging and Ditching: The Parliament Act 1911 (Chris Ballinger). 3. Laying the Foundations of the Modern Voting System: The Representation of the People Act 1918 (Robert Blackburn). 4. Divided Loyalties: The European Communities Act 1972 (Philip Norton). 5. Extending the Role of the Courts: The Human Rights Act 1998 (David Feldman). 6. Enacting Scotland’s ‘Written Constitution’: The Scotland Act 1998 (Barry K. Winetrobe). 7. Stages and Muddles: The House of Lords Act 1999 (Alexandra Kelso). Index.

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Book SynopsisNeoliberal Parliamentarism analyzes the evolution of parliamentary process at the Ontario Legislature between 1981 and 2021.Table of Contents1. Parliamentary Governance in The Age of Neoliberalism 2. Neoliberalism and The Concentration of Political Power 3. The Origins of Neoliberal Parliamentarism: The Davis Years, 1981-1984 4. Ontario in Transition: The Peterson Era, 1985-1990 5. “Democracy Under Seige”: The NDP’s Neoliberal Turn and The Decline of Parliament at Queen’s Park, 1990-1995 6. Revolution at the Ontario Legislature, 1995-2003 7. Consolidating A Revolution: The Liberal Years, 2003-2018 8. “Common Sense” Austerity Returns to Ontario: The Ford Government, 2018-2020 9. Parliament in The Age of Authoritarian Neoliberalism References

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Book SynopsisLegislative Drafting for the EU calls for reform in the design of EU legislation to bolster its strength in political, social, and economic spheres. The book offers technical guidance on how to achieve such reform through drafting, and underlines the importance of accessible communication to create collective ownership of the regulatory aims.

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Book SynopsisIn the face of current confusion regarding the use of articles 290 and 291 TFEU, there is a need to further develop the theory of legislative delegation in the EU Commission. This timely book approaches this question from a practical perspective with a detailed examination of how the legislator uses delegated and implementing mandates in different fields of EU law.Offering an analysis of legislative practice and providing concrete evidence of how articles 290 and 291 TFEU are actually handled, the expert contributors offer new insights into potential developments in EU administrative law. From this emerges a tentative categorisation that separates delegated rule-making from implementing rule-making according to the differentiation of substantive and procedural matters. However, as difficulties in the categorisation continue to remain, the book explores their systemic reasons, deeply rooted in the unclear constitutional shape of the EU.The Legislative Choice Between Delegated and Implementing Acts in EU Law will be essential reading for law academics and course leaders as well as practitioners in national and EU administration interested in this ongoing debate central to EU administrative law. Contributors include: M. Chamon, J. Karsten, F. Lafarge, M. Ortino, A. Ott, S. Röttger-Wirtz, E. Tauschinsky, A. Vincze, W. Weiß, D. ZdobnõhTrade Review'Ever since the Lisbon Treaty introduced both delegated and implementing acts into the EU's legal system, observers and practitioners alike have debated the nature and the implications of the choice between these different instruments. This authoritative book sheds light on the many intricacies of this 'labyrinth', making it a compelling read for anyone seeking a better understanding of delegated rule-making in the European Union.' --Thomas Christiansen, Maastricht University, the Netherlands'The choice between delegated and implementing acts is one of the most important innovations brought by the Lisbon Treaty and still poses many complex constitutional questions. This book offers an insightful and provocative re-evaluation of these questions in their theoretical, jurisprudential and practical contexts; and it will, as such, be of great interest to all students of the Union's executive law-making powers.' --Robert Schütze, Durham University, UK and College of Europe, Bruges, Belgium'Articles 290 and 291 TFEU were designed to provide a clear framework for the EU's subordinate legislation. Clarity, however, was lost between the Constitution for Europe and the Treaty of Lisbon. Tauschinsky and Weiß collected very thorough analyses to answer the manifold questions of differentiation between delegated and implementing legislation.' --Matthias Ruffert, Humboldt-Universität zu Berlin, GermanyTable of ContentsContents: Introduction Eljalill Tauschinsky and Wolfgang Weiß 1. Delegation versus Implementation: A deconstruction of the promise of the Lisbon Treaty Attila Vincze 2. Competition between articles 290 and 291 TFEU: what are these two articles about? Dmitrij Zdobnõh 3. The impact of the Better Regulation policy On EU delegated and implementing acts rule-making François Lafarge 4. Lisbon Comitology and Tertiary Law – The example of food and farm law Jens Karsten 5. Delegated and implementing acts in the regulation of pharmaceuticals – an analysis through the lens of subsidiarity Sabrina Röttger-Wirtz 6. EU Delegation of Powers in the Field of Financial Markets Regulation Matteo Ortino 7. Beyond Delegated and Implementing Acts: Where do EU Agencies Fit in the Article 290 and 291 Scheme? Merijn Chamon 8. The EU Commission’s administrative agreements: “Delegated treaty-making” in between delegated and implementing rule-making Andrea Ott Instead of Conclusions – More Questions Eljalill Tauschinsky and Wolfgang Weiß Index

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Book SynopsisWhat is effective legislation? Can lawmakers around the world improve the effectiveness of their laws? And if yes, how? Designing Effective Legislation analyses legislative effectiveness in theory and practice and concludes that effective laws can be engineered through the use of particular design and drafting techniques. Employing a clear and logical structure, the author demonstrates that four elements, that exist in every law, are paramount to effectiveness: purpose, content, context and results. A clear purpose sets a benchmark for what a law aims to achieve; well designed and communicated content ensures that the law has the mechanics required to achieve the desired results; laws that integrate harmoniously the legal system ensure coherence and the lack of contradiction; and results determine what has been achieved and whether this corresponds to initial intentions. By examining these four elements in unity and addressing the particular challenges involved in their design and drafting, lawmakers can secure the basic foundations of an effective law. Providing an in in-depth analysis of the concept of legislative effectiveness this book will be relevant to academics and researchers working in the fields of legislative studies, theory of law, regulation and the sociology of law but also to legal practitioners, policy makers and legislative drafters involved in the design or reform of legislation worldwide.Trade Review'This inspiring book takes the perspective of lawmakers, which is so often ignored in the effectiveness debate. It is an approach that accounts for a fresh view on a topical debate in legislative studies. Combining doctrinal knowledge with practical insights, this is a most welcome contribution to theory and practice.' --Patricia Popelier, University of Antwerp, Belgium'Legislation is central in the law. However, its study has not fully acquired the position it deserves within legal scholarship. Maria Mousmouti makes a fundamental contribution to filling this gap. Designing Effective Legislation does not only tackle the construction of effective legislation, with her idea of ''mechanics'', Mousmouti sets a pivotal step in the legislative studies, by offering an innovative and intriguing analytical tool to penetrate and understand the often confusing and blurred world of legislative law-making.' --Mauro Zamboni, Stockholm University, Sweden'With this topical book Mousmouti addresses the elephant in the room of modern government. Legislation is the instrument of choice in modern governance and politics - it is used as a heal-all in modern day policy approaches. But what do we actually know about the effectiveness and overall efficacy of legislation? Very little, this book shows. Dr. Mousmouti's takes us by the hand and shows us the way legislation works, the values it represents, and the things we need to consider if we want legislation to do what we actually designed and enacted it for: to work.' --Wim Voermans, Leiden University, the NetherlandsTable of ContentsContents: 1. The ‘mechanics’ of effective legislation 2. Legislation and its purpose 3. The content of legislation 4. Legislation and its context 5. The implementation of the law: results, impact and effectiveness 6. Which tools for effective lawmaking? 7. Legislative failure 8. On lawmakers, lawmaking and effectiveness Bibliography Index

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Book SynopsisThis timely and original book provides an exploration of the factors that combine to determine the form of regulatory problems and the overall success or failure of regulation. Using environmental regulation as a basis for analysis, this book puts forward a theoretical framework for the design of effective regulation and demonstrates how businesses’ compliance with environmental regulation, in particular, could be improved.The authors address previous shortcomings in regulatory explanations, which have frequently overlooked the structural character of regulation and underplayed how the factors involved work together to determine regulatory shape and performance. In seeking to address this deficit, the authors develop a compliance line to demonstrate how different choices on how to regulate will affect compliance outcomes. Chapters include a review of how regulation has changed and sought to improve over the years, the relationship between rule following and regulation, how regulation incorporates and relies on necessary conditions, an identification of the trade-offs involved in regulating, and a discussion of why regulation is, by necessity and to a degree, unfair.Providing theories for how regulation can be structured to improve compliance, The Structure of Regulation will be a key resource for students and academics in the fields of law and regulation, environment studies, public policy and political science.Trade Review'The Structure of Regulation delivers a fresh look at regulation and compliance. While keeping one foot solidly planted in conventional accounts of regulation, it takes a substantial step forward by integrating a thoughtful perspective on firm decision-making with a rich conception of regulatory structure. After carefully setting the theoretical stage and mapping the trade-offs presented in crafting regulation that aims for compliance, the book offers a cogent minmax methodology for regulatory design. It is nuanced but clear; provocative yet balanced.' -- Timothy Malloy, UCLA School of Law, US‘A novel analysis of regulatory compliance is on offer in this book. It relates to firms and regulation in ways that might be expected but also in ways that are revealing. A fine contribution.’ -- John Braithwaite, Australia National UniversityTable of ContentsContents: 1. Introduction to The Structure of Regulation 2. Regulation 3. Regulation and rule following 4. Conditions of regulation 5. A revised view of regulation 6. Structural exclusion References Index

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Book SynopsisAround the world, the role of national regulation is often hotly debated. This book takes as its starting point the fact that legislatures and regulators are criticized for overregulation and for producing poor-quality regulation which ignores input from citizens and stifles private initiative. This situation has enhanced the role of non-state law, in forms such as self-regulation and soft law. In this book, international scholars in various fields of law, as well as socio-legal studies, address the question to what extent non-state law currently influences state regulation, and what the consequences of non-state law are likely to be for state regulation.Drawing lessons for the state legislature and state regulators, this innovative book will be of great interest to academic researchers and post graduate students in the fields of law, regulation, legal sociology, legal theory, law and economics, and environmental law. It will also be of interest to policy makers and regulators - those working at ministries and government departments drafting legislation.Trade Review'The book is consistently well written, with extensive in-text referencing and bibliographies at the end of each chapter. The empirical chapters frequently draw on the concepts and frameworks explained in the theoretical part, giving the book a level of cohesiveness that is rarely found in works of this nature. This book has practical value for state and non-state regulators in general as well as in specific policy areas. It is also a valuable resource for academics and students of legal theory, regulation and comparative law.' -- Claire Vinten, International Trade and Business Law ReviewTable of ContentsContents: Preface 1. Introduction Jonathan Verschuuren PART I: NON-STATE LAW IN THEORY 2. What is Non-State Law? Mapping the Other Hemisphere of the Legal World Marc Hertogh 3. Philip Selznick: Incipient Law, State Law and the Rule of Law Martin Krygier 4. The Point of Law: The Interdependent Functionality of State and Non-State Regulation Sanne Taekema 5. Can There be Law Without the State? The Ehrlich–Kelsen Debate Revisited in a Globalizing Setting Bart van Klink 6. Ehrlich’s Non-State Law and the Roman Jurists Olga Tellegen-Couperus PART II: NON-STATE LAW IN PRACTICE 7. Environmental Regulation and Non-State Law: The Future Public Policy Agenda Neil Gunningham 8. The Hardness of Soft Law in the United Kingdom: State and Non-State Regulatory Activities Related to Nanotechnological Development Bärbel Dorbeck-Jung and Marloes van Amerom 9. Barristers Beyond the Law: State and Non-State Actors Work in Partnership to Enforce Legal and Moral Norms Jenny Job 10. In a World Without a Sovereign: Native Title Law in Australia Francesca Dominello 11. Regulating the Living Will: The Role of Non-State Law at the End of Life Oliver W. Lembcke 12. The Influence of Court Judgments on Non-State Law Hans Peters 13. Conclusions and Challenges: Towards a Fruitful Relationship between State Regulation and Non-State Law Hanneke van Schooten and Jonathan Verschuuren Index

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Book SynopsisThis book is a research guide and bibliography of Parliamentary material, including the Old Scottish Parliament and the Old Irish Parliament, relating to patents and inventions from the early seventeenth century to 1976. It chronicles the entire history of a purely British patent law before the coming into force of the European Patent Convention under the Patents Act 1977. It provides a comprehensive record of every Act, Bill, Parliamentary paper, report, petition and recorded debate or Parliamentary question on patent law during the period.The work will be an essential resource for scholars and researchers in intellectual property law, the history of technology, and legal and economic history.Trade ReviewHighly Commended in the inaugural Harley Prize of the British Records AssociationTable of ContentsAcknowledgements; Abbreviations; Introduction; Part 1: Public Acts and Bills; 1. Public Patent Acts; 2. Public Acts with Patent Provisions; 3. Public Patent Bills; Part 2: Private Acts and Bills; 4. Private Acts; 5. Private Bills and Notices; 6. Private Bill Standing Orders; Part 3: Acts and Legislation of the Old Scottish and Irish Parliament; 7. Scottish Acts granted exclusive rights; 8. Manufactory Acts; 9. Other Scottish Parliamentary Material; 10. Irish Bills; Part 4: Statutory Instruments; Part 5: Parliamentary Rewards; 11. Parliamentary Rewards Granted; 12. Parliamentary Rewards Sought But Not Granted; Part 6: Parliamentary and Command Papers; 13. Parliamentary Reports into the Patent System; 14. Parliamentary Papers; 15. Reports of the Commissioner and Comptroller under the Patents Acts; 16. Reports on International Exhibitions; 17. Reports of Royal Commissions on Awards to Inventors; 18. Command Papers relating to International Treaties; 19. Command Papers relating to the British Empire Patent Proposal; Part 7: Petitions; Part 8: Parliamentary Questions and Debates; 20. Parliamentary Questions; 21. Parliamentary Debates and Comments; Index of Inventors; Index of Companies; Index of Inventions/products; Index of Parliamentarians; Index of Legislation; Index of Cases; General Index;

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book Synopsis

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