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Class Actions in Europe: Holy Grail or a Wrong Trail? (Ius Gentium: Comparative Perspectives on Law and Justice #89)
By Alan Uzelac, Stefaan Voet. 2021
Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main…features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
By Cyrus Tata. 2020
This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform…it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.
Global Reflections on Children’s Rights and the Law: 30 Years After the Convention on the Rights of the Child (Routledge Research in Human Rights Law)
By Ellen Marrus, Pamela Laufer-Ukeles. 2022
Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives…from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children’s various civil rights; how to best assist children at risk; and discussions surrounding children’s identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children’s rights and justice.
Adjudicating Global Business in and with India: International Commercial and Investment Disputes Settlement (Routledge Research in Corporate Law)
By Leïla Choukroune and Rahul Donde. 2020
This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and…regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
By Marko Pavliha. 2021
Europe and also the rest of the world has experienced a boom in mobility over the last thirty years. In…light of the protection of increasing number of consumers – passengers it is almost logical that during the past few decades, international and European transport law has developed almost to revolutionary extent, especially in the field of private aviation (air) law with the introduction of unlimited liability of carriers for death and injury of passengers and commendable sophisticated rights in case of denied boarding, cancellation of flights and long delays. This book will cast light through a critical prism on the most important characteristics of the international transport law, the EU legislation and jurisprudence regarding passenger rights during the carriage by air, sea, rail and road. One of the ideas which, however, needs further research is that the commendable legal solutions and experience of the EU can serve as an excellent framework for a new holistic international convention on passengers rights in all transport modes.
By Ian Rankin. 1991
The second Inspector Rebus novel from the No.1 bestselling author of A SONG FOR THE DARK TIMES.'Ian Rankin is a…genius' Lee ChildA junkie lies dead in an Edinburgh squat, spreadeagled, cross-like on the floor, between two burned-down candles, a five-pointed star daubed on the wall above. Just another dead addict - until John Rebus begins to chip away at the indifference, treachery, deceit and sleaze that lurks behind the facade of the Edinburgh familiar to tourists.Only Rebus seems to care about a death which looks more like a murder every day, about a seductive danger he can almost taste, appealing to the darkest corners of his mind...
By Julian Fellowes. 2008
A SUNDAY TIMES BESTSELLERFROM THE CREATOR OF DOWNTON ABBEY and BELGRAVIA 'A gloriously funny ride through modern times' Evening Standard…Damian Baxter is very, very rich. But he has but one concern, which is becoming more urgent at the weeks go by: who should inherit his fortune. A letter from an ex-girlfriend suggests that, as a young man, Damian may have fathered a child, but the letter is anonymous. Finding the truth will not be easy - and the only man who Damian can turn to for help also happens to be his sworn enemy... 'A must-read' Sunday Express'An elegant satire, it offers an entertaining commentary on our times and a heartfelt lament for a kinder, more courteous Britain' Tatler'A witty take on the world as it was and is now' Woman & Home
By James J. Nedumpara, Leïla Choukroune. 2022
Reconciling all fields of international economic law (IEL) and creating bridges between disciplines in a conceptual as well as practical…manner, this book stands out as the first modern, comprehensive international economic law textbook. Containing a technically solid yet critically rich body of knowledge that spans disciplines from trade law to investment, from trade finance to fisheries subsidies, from development to the digital economy and other new-age topics, the book offers the widest possible coverage of issues in current international economic law. Positioning IEL as a truly global practice, the comprehensive coverage includes various treaty texts, landmark cases and new materials, and is supplemented by case studies, real-life examples, exercises and illustrations. The case extracts and legal texts are selectively chosen, with careful editing and serious deliberation to engage modern law students. Mini chapters show examples of interdisciplinary interactions and provide a window into the future disciplines of international economic law.
By Ian Rankin. 2001
The twelfth Inspector Rebus bestseller - a powerfully gripping novel where past and present collide...From the No.1 bestselling author of…A SONG FOR THE DARK TIMES'This is, quite simply, crime writing of the highest order' DAILY EXPRESS'The unopposed champion of the British police procedural' GUARDIANA student has gone missing in Edinburgh. She's not just any student, though, but the daughter of well-to-do and influential bankers. There's almost nothing to go on until DI John Rebus gets an unmistakable gut feeling that there's more to this than just another runaway spaced out on unaccustomed freedom. Two leads emerge: a carved wooden doll in a toy coffin, found in the student's home village, and an internet role-playing game. The ancient and the modern, brought together by uncomfortable circumstance...
Using the latest modern technology available to forensic science, crime scene investigators answer questions others never even thought to ask.…This book contains more than thirty fascinating modern cases of forensic detective work.Genetic fingerprinting, blood splatter analysis, laser ablation, toxicology, ballistics analysis - the whole range of forensic techniques is featured. The investigators trust only the evidence to speak for those who cannot speak for themselves: the victims. The cases featured include: - Tommie Lee Andrews, the first person to be convicted as a result of DNA evidence, for raping a woman during a burglary; - Jeffrey Gafoor, convicted of murder in 2003 when crime scene evidence collected twelve years previously resulted in a match with his nephew;- Richard W. Rogers, convicted of the murder of two of his numerous gay male victims, through vacuum metal deposition, technology which saves fingerprints from plastic bags;- Dr. Sam Sheppard, the murder trial based on blood evidence that inspired the TV series The Fugitive;- Edwin Bush, the first murderer in Britain to be brought to book thanks to an identikit picture;- Derrick Todd Lee, the Baton Rouge Serial Killer, only nailed by DNA evidence after a flawed FBI profile led big-shot investigators astray. These cases - usually successful, but also sometimes dangerously flawed - offer a remarkable insight into real-life scene-of-crime investigation.
By Angela Y. Davis. 2003
With her characteristic brilliance, grace and radical audacity, Angela Y. Davis has put the case for the latest abolition movement…in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly,the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable.In Are Prisons Obsolete?, Professor Davis seeks to illustrate that the time for the prison is approaching an end. She argues forthrightly for "decarceration", and argues for the transformation of the society as a whole.
By John Bolch. 2009
This book will save you money. Even if the divorce is completely straightforward, and there are no arrangements for children…and finances to sort out, a solicitor will typically charge between GBP500 and GBP1000 to deal with the divorce for you, not including court fees. If there are arrangements for children or finances to sort out, then the solicitor's fees are likely to be many times that sum. This book is for the increasing number of people who have to go through divorce proceedings without legal assistance, and for those who just want to save legal costs. It includes: *A guide to divorce proceedings, including completing all the required forms. *Sorting out financial/property arrangements, whether by agreement or through the court. *Making arrangements for children. *Details of child support maintenance. *Dealing with domestic violence, costs and mediation. *Plus specimen forms, useful addresses and websites, and a detailed glossary of legal terms. This book is for anyone who is seeking or contemplating a divorce, or anyone whose spouse has issued divorce proceedings against them. Even if you are separating from your spouse and do not wish to divorce at this time, this book will be useful to you as many of the principles with regard to arrangements for children and sorting out finances are the same.Contents: 1. Divorce; 2. Children; 3. Child maintenance; 4. Finances and property; 5. Domestic violence; 6. Mediation; 7. Costs and legal aid; 8. Final thoughts; Appendix 1 - Example Documents; Appendix 2 - Useful Addresses and Websites; Appendix 3 - Glossary; Appendix 4 - List of Divorce County Courts; Index.
By Ian Rankin. 2009
'Unmissable Rankin, as gripping and involving as any Rebus story' CHOICE; 'A brilliant book' GUARDIANFrom the No.1 bestselling author of…A SONG FOR THE DARK TIMES'On the evidence of THE COMPLAINTS it looks as if Fox will be just as sure-footed a guide to the city as his grizzled predecessor' DAILY EXPRESS.Nobody likes The Complaints - they're the cops who investigate other cops. Complaints and Conduct Department, to give them their full title, but known colloquially as 'the Dark Side', or simply 'The Complaints'. Malcolm Fox works for The Complaints. He's just had a result, and should be feeling good about himself. But he's middle-aged, sour and unwell. He also has a father in a care home and a sister who persists in an abusive relationship. In the midst of an aggressive Edinburgh winter, the reluctant Fox is given a new task. There's a cop called Jamie Breck, and he's dirty. Problem is, no one can prove it. But as Fox takes on the job, he learns that there's more to Breck than anyone thinks. This knowledge will prove dangerous, especially when murder intervenes.
BE THE FIRST TO READ DAVID WILSON'S NEW TRUE CRIME BOOK "A PLOT TO KILL" BY PRE-ORDERING NOW Expanded and…updated, this is the definitive history of British serial killing 1888-2020 - by the UK's leading criminologist, David WilsonIn this fascinating and informative book, Professor David Wilson tells the stories of Britain's serial killers from Jack the Ripper to the extraordinary Suffolk Murders case. David Wilson has worked as a Prison Governor and as a profiler, and has been described as the UK's leading expert on serial killers. His work has led him to meet several of the UK's deadliest killers, and build up fascinating insights into what makes a serial killer - and who they are most likely to target. A vivid narrative history and a call for prison and social reform, Professor Wilson's new book is a powerful and gripping investigation of Britain's serial murderers.
This invaluable book really will enable you to prepare your own will. It will alert you to the many and…broad ranging matters you should consider, and covers factual and legal requirements and technicalities in language that the lay-person can understand. Author, Gordon Bowley, draws on his thirty years as a family solicitor to suggest the best and most effective ways of ensuring that your estate is easy to deal with by those you leave behind and that it goes to those who you want to benefit. This revised and updated 4th edition includes changes in recent legislation and case law. It includes: - Advice on choosing executors - Specimen forms, sample wills and sample clauses - A glossary clearly explaining any necessary legal terms - Guidance on inheritance tax and tax saving in your will - Information on Living Wills and Powers of Attorney
This book explores the possibilities and scope of facilitating innovation and transfer of the environmentally sound technologies in the Post-Paris…climate era. The possibilities to be explored by the book will first focus on the roles of the climate finance and technological cooperation mechanisms in innovation and transfer of environmentally sound technologies. Secondly, the book will focus on role of the ‘flexible mechanism’ (i.e. indirect financial mechanisms), which has been re-introduced by the Paris Agreement as ‘voluntary cooperation’ or ‘sustainable development’ mechanism in innovation and transfer of environmentally sound technologies. Thirdly, the book will contain a comparative analysis regarding efficiency of the technology transfer mechanism under global climate regime in comparison with technology transfer mechanism that exists under other multilateral environmental agreements (MEAs). In addition to the above, since the issues of trans-boundary technology transfer is also a matter of concern for international trade, the book will discuss to what extent the international trade related laws e.g. intellectual property laws, investment related laws governed by the World Trade Organizations (WTO) can play role in facilitating transfer of the environmentally sound technologies. Another important aspect that this book will cover is potential roles which private sectors can play in innovating and transferring environmentally sound technologies under above-mentioned instruments of international law. In short, this book will be based on the argument that if global climate regime and the international trade regime collaborate each other in creating enabling environment and attracting private sector to invest in the field of environmentally sound technologies, the global challenges of innovation and transfer of the environmentally sound technologies to the developing and least developed countries can be fulfilled in more efficient manner. From conceptual perspectives, discussions and analyses of the book will be made in the light of the principles of equity and common but differentiated responsibilities and respective capabilities (CBDR-RC) - two main guiding principles of the international laws on climate change. This book will be of great interest to scholars of climate change, technology transfer, intellectual property and sustainable development. Besides, national and international level policy makers dealing with climate change and sustainable development will be greatly benefitted from this book.
Extensive previous research has investigated environmental conflict management issues in networked settings and the design of policy networks, but the…emergence and evolution of self-organizing policy networks are still not fully understood. Especially misunderstood is the problem of how the multiple motivations or incentives of competing policy actors in conflictual situations affect their structures of interaction, as this issue has not been studied systematically. This book aims to address the following research questions: how do policy stakeholders cope strategically with collective action or environmental conflict resolution? How do they utilize or maintain formal and informal policy networks to resolve problems effectively? What motivates them to engage or be involved in collaborative or conflictual networks? What influences their networking or their decisions on partner selection for conflict resolution? This book consists of four studies. The goal of the first study is to examine the form of a policy network by focusing on how policy networks emerge and evolve at the micro-level to solve collective action dilemmas endemic to decentralized and democratized policy decision-making processes, particularly in the environmental conflict resolution arena. The goal of the second study is to examine the main policy actors and structural characteristics of network governance evolution in the dynamic process of environmental conflict resolution. The goal of the third study is to highlight the role of policy tie formality in the evolution of multiplex ties in the environmental conflict resolution process. The goal of the fourth study is to demonstrate the relationships between patterns of interactions among policy actors and their modified and adjusted strategic behaviours within policy networks and across advocacy coalitions.
By Ian Rankin. 2011
Malcolm Fox returns in the stunning second novel in Ian Rankin's series... 'Criminally good' WOMAN & HOMEFrom the No.1 bestselling…author of A SONG FOR THE DARK TIMES.'Excitingly gripping storytelling' THE TIMESMalcolm Fox and his team are back, investigating whether fellow cops covered up for Detective Paul Carter. Carter has been found guilty of misconduct, but what should be a simple job is soon complicated by a brutal murder and a weapon that should not even exist.A trail of revelations leads Fox back to 1985, a year of desperate unrest when letter-bombs and poisonous spores were sent to government offices, and kidnappings and murders were plotted. But while the body count rises the clock starts ticking, and a dramatic turn of events sees Fox in mortal danger.
Most people care about animals, but only a tiny fraction are vegan. The rest often think of veganism as an…extreme position. They certainly do not believe that they have a moral obligation to become vegan.Gary L. Francione—the leading and most provocative scholar of animal rights theory and law—demonstrates that veganism is a moral imperative and a matter of justice. He shows that there is a contradiction in thinking that animals matter morally if one is also not vegan, and he explains why this belief should logically lead all who hold it to veganism. Francione dismantles the conventional wisdom that it is acceptable to use and kill animals as long as we do so “humanely.” He argues that if animals matter morally, they must have the right not to be used as property. That means that we cannot eat them, wear them, use them, or otherwise treat them as resources or commodities.Why Veganism Matters presents the case for the personhood of nonhuman animals and for veganism in a clear and accessible way that does not require any philosophical or legal background. This book offers a persuasive and powerful argument for all readers who care about animals but are not sure whether they have a moral obligation to be vegan.
This book focuses on American political discourse connected to war, dissent, and empathy. Through interdisciplinary methods of history, politics and…media studies, the book examines ways in which American self-identity alters as a consequence of media portrayal of human suffering and of its existential others. It compares representations of the Iraq wars to earlier precedents and looks at the work of American activists, assessing how narratives and images of human suffering in new media iconography generate empathic attitudes towards others. This comparative, multimodal study helps to explain shifting self-identities within the U.S, and relationally through the representation of the Arab other presenting an original and historicised contribution to the media-war field of academic and public debate. The book underscores empathy as a vibrant category of analysis that expands how we think about West-Arab relations, revealing how understanding the cultural aspects of this conflictual interrelationship needs to be broadened.