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By Jan Klabbers. 2017
Written by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabbers' landmark…textbook. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. This third edition includes references to new case-law and literature, and features brief discussions on recent topics of general interest, including Brexit and the worldwide outbreak of the Coronavirus.
By Jim Mason. 2021
Innovating Construction Law: Towards the Digital Age takes a speculative look at current and emerging technologies and examines how legal…practice in the construction industry can best engage with the landscape they represent. The book builds the case for a legal approach based on transparency, traceability and collaboration in order to seize the opportunities presented by technologies such as smart contracts, blockchain, artificial intelligence, big data and building information modelling. The benefits these initiatives bring to the construction sector have the potential to provide economic, societal and environmental benefits as well as reducing the incidence of disputes. The author uses a mixture of black letter law and socio-legal commentary to facilitate the discourse around procurement, law and technology. The sections of the book cover the AS IS position, the TO BE future position as predicted and the STEPS INBETWEEN, which can enable a real change in the industry. The rationale for this approach lies in ensuring that the developments are congruent with the existing frameworks provided by the law. The book proposes various steps that the industry should seriously consider taking from the current position to shape the future of the sector and ultimately create a better, more productive and sustainable construction industry. This book is a readable and engaging guide for students and practitioners looking to learn more about construction law and its relationship with technology and for those seeking a platform for graduate studies in this area.
By Helena Silverstein. 1916
Choice Outstanding Academic Title for 2008The U.S. Supreme Court has decided that states may require parental involvement in the abortion…decisions of pregnant minors as long as minors have the opportunity to petition for a &#"bypass" of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions.Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audacious acts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings.Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naïve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.
By W. Th. Douma, C. Eckes, P. Van Elsuwege, E. Kassoti, A. Ott, R. A. Wessel. 2021
This book originates from the proceedings of the 10th anniversary conference of the Centre for the Law of EU External…Relations (CLEER) in which renowned experts in the field took stock of recent evolutions in the law and practice of the EU’s external relations. In particular, the book addresses the question of how the evolving legal and political framework affects the nature of EU external relations law. The contributions discuss the actions (and reactions) of the EU through external action instruments in a number of substantive areas such as migration, trade, neighbouring policies, security and defence. By shedding light on the most significant developments of the past decade this edited volume attests to the ever-evolving nature of the field of EU External Relations Law. Thus, this book is essential reading for academics, practitioners and policy makers at the EU level interested in the field of EU External Relations Law.Dr. W.Th. Douma is an Independent legal expert at the European Environmental Law Consultancy and EU Legal – Centre for European and International Law, both based in The Netherlands, voluntary researcher at Ghent University in Belgium, and Senior Legal Adviser at the Dutch Ministry of Social Affairs and Employment. Prof. Dr. C. Eckes is Professor of European Law at the University of Amsterdam and director of the Amsterdam Centre for European Law and Governance, The Netherlands. Prof. Dr. P. Van Elsuwege is Professor of European Union Law at Ghent University and co-director of the Ghent European Law Institute, Belgium. Dr. E. Kassoti is Senior researcher in EU and International Law at the Asser Institute and academic co-ordinator of the Centre for the Law of EU External Relations (CLEER), The Netherlands. Prof. Dr. A. Ott is Professor of EU External Relations Law and Jean Monnet professor in EU Law at Maastricht University, The Netherlands. Prof. Dr. R.A. Wessel is Professor of European Law and Head of the European and Economic Law Department at the University of Groningen, The Netherlands.
By Jeremy Moody, Nick Millard. 2021
Agricultural Valuations: A Practical Guide has long been the standard text for students and professionals working on agricultural valuations. Taking…a practical approach, it covers all the relevant techniques and legislation necessary to correctly value farms, assess farm rents, carry out arbitrations, inventories and records of condition, including valuation clauses on sales of farms, livestock, soils, management agreements, valuation in court proceedings and a glossary of useful information. In this fifth edition, Gwyn Williams's original text is taken on by Jeremy Moody and Nick Millard, renowned experts in the field, bringing the book right up to date to reflect recent changes in the rural economy, including development, diversification and renewable energy and specialist valuations and reference to all the latest legislation. Clear and accessible to students and professionals alike, readers will find Agricultural Valuations an invaluable guide to best practice in agricultural valuations.
By Andrew M. Smith, Michael P. Toglia, James Michael Lampinen. 2021
Methods, Measures, and Theories in Eyewitness Recognition Tasks provides a comprehensive review of the fundamental issues surrounding eyewitness recognition phenomena…alongside suggestions for developing a more methodologically rigorous eyewitness science. Over the past 40 years, the field of eyewitness science has seen substantial advancement in eyewitness identification procedures, yet theoretical and methodological developments have fallen behind. Featuring contributions from prominent international scholars, this book examines methodological and theoretical limitations and explores important topics, including how to increase the accuracy of identifying perpetrators when using CCTV images, how to create more identifiable facial composites, and the differences in accuracy between younger and older eyewitnesses. Providing in-depth discussion on the limitations of traditional lineups, eyewitness memory fallibility, and the complications that arise when using laboratory simulations, along with suggestions for new methods, this book will be an invaluable resource for researchers in eyewitness recognition, lawyers, players in the criminal justice system, members of innocence commissions, and researchers with interests in cognitive psychology.
By Paul Stanton Kibel. 2021
There are many people and places connected to rivers: fishermen whose livelihood depends on river ecosystems, farms that need irrigation,…indigenous groups whose cultures rely on fish and flowing waters, cities whose electricity comes from hydroelectric dams, and citizens who seek wild nature. For all of these people, instream flow is vitally important to where and how they live and work. Riverflow reveals the diverse and creative ways people are using the law to restore rivers, from the Columbia, Colorado, Klamath and Sacramento–San Joaquin watersheds in America, to the watersheds of the Tweed in England and Scotland, the Fraser in Canada, the Saru in Japan, the Nile in North Africa, and the Tigris–Euphrates in the Middle East. Riverflow documents that we already have the legal tools to preserve the ecological integrity of our waterways; the question is whether we have the political will to deploy these tools effectively.
By Joshua A. Fairfield. 2021
In an era of corporate surveillance, artificial intelligence, deep fakes, genetic modification, automation, and more, law often seems to take…a back seat to rampant technological change. To listen to Silicon Valley barons, there's nothing any of us can do about it. In this riveting work, Joshua A. T. Fairfield calls their bluff. He provides a fresh look at law, at what it actually is, how it works, and how we can create the kind of laws that help humans thrive in the face of technological change. He shows that law can keep up with technology because law is a kind of technology - a social technology built by humans out of cooperative fictions like firms, nations, and money. However, to secure the benefits of changing technology for all of us, we need a new kind of law, one that reflects our evolving understanding of how humans use language to cooperate.
By Frank Klaassen, Sharon Hubbs Wright. 2021
In 1510, nine men were tried in the Archbishop’s Court in York for attempting to find and extract a treasure…on the moor near Mixindale through necromantic magic. Two decades later, William Neville and his magician were arrested by Thomas Cromwell for having engaged in a treasonous combination of magic practices and prophecy surrounding the death of William’s older brother, Lord Latimer, and the king. In The Magic of Rogues, Frank Klaassen and Sharon Hubbs Wright present the legal documents about and open a window onto these fascinating investigations of magic practitioners in early Tudor England. Set side by side with sixteenth- and seventeenth-century texts that describe the sorts of magic those practitioners performed, these documents are translated, contextualized, and presented in language accessible to nonspecialist readers. Their analysis reveals how magicians and cunning folk operated in extended networks in which they exchanged knowledge, manuscripts, equipment, and even clients; foregrounds magicians’ encounters with authority in ways that separate them from traditional narratives about witchcraft and witch trials; and suggests that the regulation and punishment of magic in the Tudor period were comparatively and perhaps surprisingly gentle. Incorporating the study of both intellectual and legal sources, The Magic of Rogues presents a well-rounded picture of illicit learned magic in early Tudor England.Engaging and accessible, this book will appeal to anyone seeking to understand the intersection of medieval legal history, religion, magic, esotericism, and Tudor history.
By Roger Miller, Frank Cross. 2016
Based on content required by the Association to Advance Collegiate Schools of Business, THE LEGAL ENVIRONMENT TODAY, SUMMARIZED CASE EDITION,…8E equips you with working knowledge of business-related laws while strengthening the critical reasoning skills you need to interpret and apply them. Coverage includes the latest on cyber law, social media, privacy, corporate responsibility, financial and credit card reforms, health-care laws, and much more. Using summarized cases from 2013 and 2014 legal decisions, the text helps you identify and resolve legal issues you may encounter in the business world. Hypothetical situations and exercises, ethical discussions, and international considerations give you further insight into how business law applies to your everyday life and future career. In addition, exam preparation sections in the text and online access to interactive flash cards, quizzing, and other tools help maximize your course success.
By Robert Herian. 2021
This book is a provocative, interdisciplinary, and critical appraisal of civil justice, property, and the laws that shape and command…them within capitalism. Dr. Herian’s book is both a complementary and countervailing narrative to many mainstream legal accounts, one that critiques core and influential areas of legal knowledge and practice. Central to the book’s thesis is a rich collaboration of ideas and perspectives that consider what is at stake from institutions, concepts, and practices of equity and civil justice tied to the subjective psychic life and the unconscious desires of capitalist stakeholders. The book aims to address several questions, including how capitalism has imagined and shaped equity and civil justice since the nineteenth century; how capitalism acts as a well-spring of desire for forms of justice that wrap-around and sustain complex frameworks of private property power and ownership; and how equity supports agile neoliberal strategies of justice and reason in the twenty-first century.
By Klaus Sakowski. 2020
Das Lehrbuch vermittelt grundlegende Kenntnisse und Kompetenzen im Bürgerlichen Recht. Nach einer Einführung in das Fach Recht werden die ersten…drei Bücher des Bürgerlichen Gesetzbuches erläutert und abschließend einige Anmerkungen zum Zivilprozessrecht gegeben. Insgesamt stellt das Lehrbuch den relevanten Prüfungsstoff für Studierende der BWL im Bachelorstudium übersichtlich und praxisorientiert dar. Es eignet sich auch für Praktiker, die sich schnell einen Überblick über die behandelten Rechtsmaterien verschaffen wollen. Zahlreiche Beispiele und Fälle, teilweise aus der früheren Anwaltspraxis des Autors, verdeutlichen den Stoff. Kontrollfragen und Musterlösungen sowie Musterklausuren erleichtern das Selbststudium. Für die 5. Auflage erfolgte eine komplette Durchsicht, bestehende Inhalte wurden aktualisiert sowie Übungs- und Beispielfälle ersetzt und neu eingefügt.
Comparative Climate Change Litigation: Beyond the Usual Suspects (Ius Comparatum - Global Studies in Comparative Law #47)
By Makane Moïse Mbengue, Francesco Sindico. 2021
This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part…of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation.While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.
By Robin Ramcharan, James Gomez. 2021
This book examines the State’s duty to protect human rights in Asia amidst rising concern over the human rights impact…of business organisations in the region, a topic which has hitherto been understudied. It analyses a range of inter-connected issues: the advent of international standards, the UN Guiding Principles on Business and Human Rights, the challenges inherent in the formulation of National Action Plans on business and human rights, the need for improved legislation and policies, access to remedies, and conflicts with indigenous peoples over business activities. The book also covers innovative themes such as BHR in the era of smart cities, ethical consumer behavior, and a human rights management system, which are emerging areas of enquiry in this field concluding with a range of critical issues to be addressed, including the need for an assessment of COVID-19 pandemic’s impact on BHR in Asia and beyond. This book is part of Asia Centre’s exploration of the nascent regional human rights architecture that is facing significant obstacles in protecting human rights and showcases the progress achieved and the ongoing challenges across Asia.
This book analyses the history of international law to reveal the significant role utopianism has played in developing the international…legal system. In fact, when pinpointing the legal system’s most accelerated phases of development, it becomes increasingly apparent how integral utopianism has been in dealing with the international community’s most troubled periods such as the World Wars. However, States have on numerous occasions undermined utopianism, leading to situations where individuals and communities have been vulnerable to modes of oppression such as war or repressive regimes. Thus, by examining the League of Nations and United Nations, this book seeks to show why utopianism continues to be a vital ingredient when the international community is seeking to ensure its loftiest and most ambitious goals such as maintaining international peace and security, and why for the sake of such utopian aspirations, the primary position States enjoy in international law requires reassessment.
The Development Dimension: Special and Differential Treatment in Trade (Insights on International Economic Law)
By James Bacchus, Inu Manak. 2021
This book critically analyses the World Trade Organization’s approach to "special and differential treatment" (SDT) to argue that it is…founded on seeking exemptions from WTO obligations, instead of creating an enabling environment for developing countries to integrate fully into the multilateral trading system. Through six key sections: United States Proposal on Special and Differential Treatment Responses to United States Proposal The Evolution of Differential Treatment Failure of the Current Approach to Differential Treatment Complications Created by China’s Emergence in the Global Economy An Alternative Approach to Differential Treatment this book explores how, by adopting a new evidence-based, case-by-case approach to SDT, the development of the poorest countries can best be advanced, while at the same time ensuring that advanced developing countries carry their weight in the organization. It will be of interest to scholars and students of international trade law and political science, as well as trade practitioners such as lawyers, diplomats, and analysts.
By Herman Koren, Alma Mary Anderson. 2021
Based on the lifelong experiences of two authors as supervisors and teachers, the Fourth Edition of this bestseller provides up-to-date…information for newly promoted or management-aspiring professionals and engineers in the fields of environmental health, occupational health and safety, water and wastewater treatment, public health, and many others. This first volume explains, through nine sets of tools, the basic principles supervisors need to understand the structure of their organization, what leadership is, how to effectively plan and budget, how to manage other people, and best practices for achieving success in a management position. In addition to those already practicing professionals in their fields, this book is an excellent resource for students interested in learning management skills prior to entering the workforce. Features of the Fourth Edition Helps to understand and utilize organizational structure to facilitate problem solving Offers a practical set of methods, tools, and techniques, all illustrated and easy to understand, for achieving leadership qualities Provides concise but essential discussion material for each topic, using the practical art of communications Includes thorough updates and many new case problems with answers provided Introduces self-testing questions for different situations and practical exercises utilizing an individual’s own work experience for answers
Management and Supervisory Practices for Environmental Professionals: Advanced Competencies, Volume II
By Herman Koren, Alma Mary Anderson. 2021
Based on the lifelong experiences of two authors as supervisors and teachers, the Fourth Edition of this bestseller provides up-to-date…information for newly promoted or management-aspiring professionals and engineers in the fields of environmental health, occupational health and safety, water and wastewater treatment, public health, and many others. This second volume explains the advanced principles that supervisors need to understand the art of communications, resolving communications problems, and the supervisor/manager’s role in teaching, counseling, and managing employee performance and employee health and safety. In addition to those already practicing professionals in their fields, this book is an excellent resource for students interested in learning management skills prior to entering the workforce. Features of the Fourth Edition Helps to understand and utilize organizational structure to facilitate problem solving Offers a practical set of methods, tools, and techniques, all illustrated and easy to understand, for achieving leadership qualities Provides concise but essential discussion material for each topic, using the practical art of communications Includes thorough updates and many new case problems with answers provided Introduces self-testing questions for different situations and practical exercises utilizing an individual’s own work experience for answers
By Scott Veitch. 2021
Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices.…As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.
By Dimitrios Kivotidis. 2021
This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types…of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world. In particular, it seeks to codify the main theories and conceptions of ‘dictatorship’, with the goal of unearthing their contradictions. The book’s main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: ‘classical and Caesaristic dictatorship’ in ancient Rome, ‘dictatorship’ in revolutionary France of 1789 and counterrevolutionary France of 1848, ‘fascist dictatorship’ in Nazi Germany, and ‘dictatorship of the proletariat’ in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of ‘class dictatorship’. The book’s original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development. This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.