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By W. Wat Hopkins. 2021
FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different…jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project subject to the relevant laws. FIDIC Contracts in Asia Pacific provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws for a number of the jurisdictions in which FIDIC contracts are used. The laws that apply to the governing law of the contract, construction works and dispute resolution in each jurisdiction are identified. This book offers chapters on the FIDIC Conditions of Contract for Underground Works, and the perspective of a bilateral aid agency on the use of FIDIC contracts. Each jurisdiction features an outline of its construction industry and information on the impact of Covid-19 on both the execution of construction projects and the operation of construction contracts. This book is essential reading for construction professionals, lawyers and students of construction law using FIDIC contracts.
By Hadeel S. Abu Hussein. 2022
This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the…core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.
By David Pataraia. 2021
International Law: Text, Cases and Materials provides not only an essential introduction to the core concepts and foundational principles of…international law, but also a detailed overview of each established area in which international law operates. Featuring cases, materials, and illustrative figures throughout to enhance the level of context and detail provided, the book covers everything a student of international law requires. Topics include the law of treaties, international organisations, the international protection of human rights, responsibility in international law, jurisdiction, diplomatic and consular law, territory in international law, the law of the sea, international air and space law, international economic law, international environmental law, and international humanitarian law. This comprehensive textbook will be essential reading not only for any course on international law, but also as a starting point for those wishing to grasp the context of a particular area of international law before exploring further.
By Sakif Alam. 2022
This book explores the use of tort laws in Bangladesh, outlining critical studies and cases on key concepts such as…nuisance, international torts, negligence, and liability. Drawing from case studies in the UK, USA, Canada, Australia, and India, the volume comparatively analyses various aspects of tort law including its efficacy, issues of determination and monetary considerations. It scrutinizes academic literature and prominent cases such as Bangladesh Beverage Industries Ltd v Rowshan Akhter and Children Charity Bangladesh Foundation v Government of Bangladesh among others to examine the objective and use of tort law in Bangladesh. It also explores fundamental misconceptions related to the use of torts, protection of public and private rights, formalization of tort cases in courts, types of legal remedies for injuries, and more. Lucid and topical, this book will be an essential read for scholars of law, tort law, constitutional law, civil and criminal law as well as for legal professionals especially those concerned with Bangladesh.
By Sarah Kebbell. 2022
Money laundering is a global issue and there is evidence that the services provided by the legal profession may be…misused to launder the proceeds of crime. This book explores the experiences of professionals within Top 50 law firms when seeking to comply with the UK’s anti-money laundering (AML) regime. The book draws upon empirical evidence from 40 in-depth interviews with solicitors and compliance personnel from 20 Top 50 law firms. Access to this section of the legal profession is challenging in the context of academic research, and the research provides an account, seldom heard in academic literature, directly from practitioners. The book uses these research findings to explore and discuss the AML compliance issues faced by this section of the profession. It highlights the challenges presented by the legislative architecture of the Proceeds of Crime Act 2002, and considers compliance issues relating to customer due diligence, AML training, the client account and the suspicious activity reporting regime. It also considers participants’ perceptions of the regime, their role within it, and their own assessment of money laundering risk. It concludes by using this evidence to recommend amendments to current AML policy and legislation. This book will be of interest to students and researchers studying Financial Crime Law, Business and Company Law, and White Collar Crime, as well as policy makers in the areas of money laundering, compliance, and corruption.
This is a much-needed work in the financial literature, and it is the first book ever to analyse the use…of Special Purpose Acquisition Companies (SPACs) from a theoretical and practical perspective. By the end of 2020, more than 240 SPACs listed in the U.S. (on NASDAQ or the NYSE), raising a record $83 billion. The SPAC craze has been shaking the U.S. for months, mainly because of its simplicity: a bunch of investors decides to buy shares at a fixed price in a company that initially has no assets. In this way, a SPAC, also known as a "blank check company", is created as an empty shell with lots of money to spend on a corporate shopping spree. Could the trend be here to stay? Are SPACs the new legitimate path to traditional IPO? This book tackles those questions and more. The author provides a thorough analysis of SPACs including their legal framework and how they are used as a risk mitigation tool to structure transactions. The main objectives of the book are focused on finding a working definition for SPACs and theorising on their origins, definition, and evolution; identifying the objectives of financial regulation within the context of the recent financial crisis (2007-2010) and the one that is currently unfolding (Covid-19); and also describing practical examples of SPACs through a comparative study that, for the first time, outlines every major capital market on which SPACs are listed, in order to identify a possible international standard of regulation. The book is relevant to academics as well as policymakers, international financial regulators, corporate finance lawyers as well as to the financial industry tout court.
Zionism, Palestinian Nationalism and the Law: 1939-1948 (UCLA Center for Middle East Development (CMED))
By Steven E. Zipperstein. 2022
During the last decade of the British Mandate for Palestine (1939–1948), Arabs and Jews used the law as a resource…to gain leverage against each other and to influence international opinion. The parties invoked "transformational legal framing" to portray the essentially political-religious conflict as a legal dispute involving claims of justice, injustice, and victimisation, and giving rise to legal/equitable remedies. Employing this form of narrative and framing in multiple "trials" during the first 15 years of the Mandate, the parties continued the practice during the last and most crucial decade of the Mandate. The term "trial" provides an appropriate typology for understanding the adversarial proceedings during those years in which judges, lawyers, witnesses, cross-examination, and legal argumentation played a key role in the conflict. The four trials between 1939 and 1947 produced three different outcomes: the one-state solution in favour of the Palestinian Arabs, the no-state solution, and the two-state solution embodied in the United Nations November 1947 partition resolution, culminating in Israel's independence in May 1948. This study analyses the role of the law during the last decade of the British Mandate for Palestine, making an essential contribution to the literature on lawfare, framing and narrative, and the Arab-Israeli Conflict.
By Anthony W. Orlando. 2022
"A book perfect for this moment" –Katherine M. O’Regan, Former Assistant Secretary, US Department of Housing and Urban Development More…than fifty years after the passage of the Fair Housing Act, American cities remain divided along the very same lines that this landmark legislation explicitly outlawed. Keeping Races in Their Places tells the story of these lines—who drew them, why they drew them, where they drew them, and how they continue to circumscribe residents’ opportunities to this very day. Weaving together sophisticated statistical analyses of more than a century’s worth of data with an engaging, accessible narrative that brings the numbers to life, Keeping Races in Their Places exposes the entrenched effects of redlining on American communities. This one-of-a-kind contribution to the real estate and urban economics literature applies the author’s original geographic information systems analyses to historical maps to reveal redlining’s causal role in shaping today’s cities. Spanning the era from the Great Migration to the Great Recession, Keeping Races in Their Places uncovers the roots of the Black-white wealth gap, the subprime lending crisis, and today’s lack of affordable housing in maps created by banks nearly a century ago. Most of all, it offers hope that with the latest scholarly tools we can pinpoint how things went wrong—and what we must do to make them right.
By Elena-Simina Tănăsescu. 2022
Exploring the balanced budget rule as an economic standard and as a legal principle, this book explains the context and…content of the balanced budget rule and presents a critical appraisal of its impact on legal systems, political institutions and social values, and particularly an evaluation of its constitutionalization in the European and national legal systems. Examining a range of perspectives on the balanced budget rule as a legal principle, a series of chapters investigate the feasibility and effectiveness of the balanced budget rule. The book considers the impact this may have on the separation of powers within the state, on democratic decision-making, on the European social model and on the protection of fundamental social rights within the European Union. It suggests that this impact goes beyond the ethical issue of the public debt considered as a burden placed on future generations, and beyond injunctions imposed by international financial institutions on national public finances. The transfiguration of fiscal discipline from an economic requirement into a legal rule demanding a balanced budget embodies a challenge to the political nature of the budgetary process while creating the flexibility needed in order to further fiscal federalism within the European Union. This book argues that the balanced budget rule is nothing more than it has always been: an instrument for devising public policies in a rational manner, a tool for conceiving qualitative choices regarding the well-being of citizens.
UN peace operations are increasingly asked to pursue stabilization mandates with lofty expectations of being able to stabilize conflict zones,…achieve national reconciliation, and rebuild state legitimacy. This book investigates the relationship between UN stabilization mandates and the concept of ‘human security’. The book is divided into three parts. Part I outlines the emergence of stabilization and other trends in peacekeeping practice and outlines an analytical framework of human security. Part II applies the analytical framework to case studies of MINUSMA, MINUSCA, and UNMISS examining issues, such as human rights, empowerment, protection, and vulnerability. In Part III the book draws out several concerns that arise from stabilization mandates, including the militarisation of UN peace operations and the consequences under international humanitarian law, the risks of close cooperation with the host state and engagement in counter-terror activities, and the potential clash between peacebuilding activities and militarisation. The book will be a valuable resource for academics, policymakers and practitioners working on UN peacekeeping generally, and those specifically looking at stabilization, from the perspective of international relations, international law, peace and conflict studies, security studies and human rights.
By Alastair Hudson. 2022
Alastair Hudson’s Equity and Trusts is an ideal textbook for undergraduate courses on the law of trusts and equitable remedies.…It provides a clear, current and comprehensive account of the subject. The author’s enthusiasm and expertise shine through, helping to bring to life an area of the law which students often fi nd challenging. The tenth edition of Equity and Trusts remains the most comprehensive and up-to-date coverage of the law of Equity and Trusts, while still a lively and thoughtful account of the issues raised by it. This book has been cited as being authoritative in the courts of numerous countries. The tenth edition is supported by the author’s website at www.alastairhudson.com with brand new resources including: • short podcasts discussing and clarifying key topics from within the book, which cover an entire course; • complete lecture recordings made specifi cally to accompany this book; • video documentaries bringing to life selected key topics; • a host of other online materials and study guides new for 2021.
By Alastair Hudson. 2022
The 7th edition of Understanding Equity &Trusts provides a clear, accessible and lively overview of the main themes in this…dynamic area of the law. An ideal first point of entry to the subject or revision tool, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. If you need help with trusts law, then this is the book for you. This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes. The law of trusts is built on simple basic principles. The approach of this book is to lay foundations with an explanation of those principles before building towards the more complex issues which are the focus of examinations in this subject. The lively text includes a large number of straightforward examples to make the discussion of the general law more accessible.
By Rex C. Tester. 2022
This book is an in-depth study of air and ocean goods-in-transit claims. It sets out to guide and assist businesses…within the fresh produce industry to successfully implement the best processes and procedures to maximise their recovery efforts against contracted carriers. Fresh Produce Shipping focuses heavily on protecting the rights and recovery aspects of companies involved in growing, selling, and transporting fresh produce. It gives importers, exporters, loss adjusters, surveyors, and freight forwarders an easy-to-understand guide to the management and requirements of submitting claims. It provides an overview of the shipping terms and procedures involved when raising a claim. The book offers specific and detailed industry knowledge to stakeholders who would not normally have access to such information without the employment of specialists or legal counsel, providing an inexperienced reader with the tools to submit a claim and achieve an understanding of protocol. A valuable guide and comprehensive reference for parties seeking compensation for lost or damaged goods, this book will be of relevance to shippers and importers of fresh produce, lawyers acting for commercial clients and underwriters, cargo surveyors, trade bodies around the world representing fresh produce operators, and forwarders wishing to support their clients.
By William R Davie, Dom Caristi, Laurie Thomas Lee. 2022
This fully revised third edition brings a fresh approach to the fundamentals of mass media and communication law in a…presentation that undergraduate students find engaging and accessible. Designed for students of communication that are new to law, this volume presents key principles and emphasizes the impact of timely, landmark cases on today’s media world, providing an applied learning experience. This new edition offers expanded coverage of digital media law and social media, a wealth of new case studies, expanded discussions of current political, social, and cultural issues, and new features focused on ethical considerations and on international comparative law. Communication Law serves as a core textbook for undergraduate courses in communication and mass media law. Online resources for instructors, including an Instructor’s Manual, Test Bank, and PowerPoint slides, are available at: www.routledge.com/9780367546694
The Law and Politics of Unconstitutional Constitutional Amendments in Asia (Comparative Constitutional Change)
By Rehan Abeyratne and Ngoc Son Bui. 2021
This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social…and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
By Emma Jones, Francine Ryan, Ann Thanaraj, Terry Wong. 2022
In today’s rapidly changing legal landscape, becoming a digital lawyer is vital to success within the legal profession. This textbook…provides an accessible and thorough introduction to digital lawyering, present and future, and a toolkit for gaining the key attributes and skills required to utilise technology within legal practice effectively. Digital technologies have already begun a radical transformation of the legal profession and the justice system. Digital Lawyering introduces students to all key topics, from the role of blockchain to the use of digital evidence in courtrooms, supported by contemporary case studies and integrated, interactive activities. The book considers specific forms of technology, such as Big Data, analytics and artificial intelligence, but also broader issues including regulation, privacy and ethics. It encourages students to explore the impact of digital lawyering upon professional identity, and to consider the emerging skills and competencies employers now require. Using this textbook will allow students to identify, discuss and reflect on emerging issues and trends within digital lawyering in a critical and informed manner, drawing on both its theoretical basis and accounts of its use in legal practice. Digital Lawyering is ideal for use as a main textbook on modules focused on technology and law, and as a supplementary textbook on modules covering lawyering and legal skills more generally.
This volume examines the impact of globalization on international environmental law and the implementation of sustainable development in the Global…South. Comprising contributions from lawyers from the Global South or who have experience in the Global South, this volume is organized into three parts, with a thematic inquiry woven through every chapter to ask how law can enable economies that can be sustained, given the limited carrying capacity of the earth. Part I describes and characterizes the status quo of environmental and economic problems in the Global South during the process of globalization. Some of those problems include redistribution of environmental burden on the public through over-reliance on the state in emerging economies and the transition to public-private partnerships, as well as extreme uncontrolled economic expansion. Building on Part I, Part II takes an international perspective by presenting some tools that are in place during the process of globalization that lead to friction and interfaces between developed and developing economies in environmental law. Recognizing the impossibility of a globalized Northern economy, the authors in Part III present some alternatives through framework ideas of human and civil rights, environmental rights, and indigenous persons’ rights, as well as concrete and specific legal tools to strengthen justice and rule of law institutions. The book gives new perspectives to familiar approaches through concrete examples by professional practitioners and theoretical discourse by academic researchers, and can thereby form the basis for changes in practices, as well as further discussions and comparisons. This book will be of great interest to students and scholars of environmental law, sustainable development, and globalization and international relations, as well as legal professionals and practitioners.
By Po Jen Yap, Chien-Chih Lin. 2022
This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court…of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.
By David A. Gantz, Huerta-Goldman, Jorge A.. 2022
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership among eleven key nations of the Pacific Rim has already expanded trade…and economic cooperation among the Parties. It also serves to encourage political cooperation among them and has served as a model for future 'wide and deep' free trade agreements. The chapters of this book will provide readers with a detailed understanding of the CPTPP's coverage, including provisions relating to tariff elimination, customs rules of origin, agriculture, sanitary and phytosanitary measures, technical barriers to trade, telecommunications, intellectual property, investment and investor–state arbitration, financial and other services, government procurement, state-owned enterprises, electronic commerce and digital trade, small and medium-sized enterprises, competition law, labor and environmental protection, dispute settlement, and many others. No international lawyer, economist, trade negotiator, or enterprise can afford not to take advantage of the opportunities for business that the CPTPP offers. This book has been written by CPTPP negotiators, experts, and practitioners.