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Oversight of executives has always been a key function of parliaments and one which is central to developing the relationship between the executive and legislative branches of government. However, in reality governments are taking a more pronounced role in controlling legislation, diluting the influence of parliament. This book plots this ...
Parliamentary Oversight of the Executives
Oversight of executives has always been a key function of parliaments and one which is central to developing the relationship between the executive and legislative branches of government. However, in reality governments are taking a more pronounced role in controlling legislation, diluting the influence of parliament. This book plots this trend in parliaments across Europe, to illustrate points of convergence and divergence. In so doing, it suggest tools and methods that parliaments can develop to bolster their crucial oversight role.
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105.000000 USD

Parliamentary Oversight of the Executives

by Elena Griglio
Hardback
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At the start of the twenty-first Century the story of Africa's engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies such as international criminal law, universal jurisdiction and gave human rights jurisdiction to a number of new international ...
Africa and the Backlash Against International Courts
At the start of the twenty-first Century the story of Africa's engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies such as international criminal law, universal jurisdiction and gave human rights jurisdiction to a number of new international courts. However, in recent years African states have mobilised politically and collectively against the regional courts and the ICC, contesting these institutions' authority and legitimacy at national, regional and international levels. Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order, a trend that not only has huge implications for Africa's international relations, but that could potentially change the entire practice of international law.
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99.750000 USD

Africa and the Backlash Against International Courts

by Line Engbo Gissel, Peter Brett
Hardback
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With original and engaging contributions, this Handbook confirms feminist scholarship in development studies as a vibrant research field. It reveals the diverse ways that feminist theory and practice inform and shape gender analysis and development policies, bridging generations of feminists from different institutions, disciplines and regions.
The Palgrave Handbook of Gender and Development: Critical Engagements in Feminist Theory and Practice
With original and engaging contributions, this Handbook confirms feminist scholarship in development studies as a vibrant research field. It reveals the diverse ways that feminist theory and practice inform and shape gender analysis and development policies, bridging generations of feminists from different institutions, disciplines and regions.
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83.990000 USD

The Palgrave Handbook of Gender and Development: Critical Engagements in Feminist Theory and Practice

Paperback / softback
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This new and original study by Ligia Castaldi is the first major publication to analyze in detail the abortion laws of the Latin American and Caribbean nations that are parties to the American Convention on Human Rights. Making use of a broad range of materials relating to human rights and ...
Abortion in Latin America and the Caribbean: The Legal Impact of the American Convention on Human Rights
This new and original study by Ligia Castaldi is the first major publication to analyze in detail the abortion laws of the Latin American and Caribbean nations that are parties to the American Convention on Human Rights. Making use of a broad range of materials relating to human rights and abortion law that are not yet available in English, the first part of this book analyzes how Inter-American human rights bodies have interpreted the American Convention's prenatal right to life. The second part examines Article 4(1) of the American Convention, setting forth a comparative analysis of the laws regarding prenatal rights and abortion in all twenty-three nations that are parties to this treaty. Castaldi questions how Inter-American human rights bodies currently interpret Article (4)1. Against the predominant view, she argues that the purpose of this treaty is to grant legal protection of the unborn child from elective abortion that is broad and general, not merely exceptional.Abortion in Latin America and the Caribbean offers an objective analysis of national and international laws on abortion that presents much valuable information about these laws for the first time in English. Castaldi proposes a new interpretation of the American Convention's right to life provision that is nonrestrictive and provides general protection for the unborn. The book will appeal not only to students and scholars in the field of international human rights but also to human rights advocates more generally.
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78.750000 USD

Abortion in Latin America and the Caribbean: The Legal Impact of the American Convention on Human Rights

by Ligia De JesAs Castaldi
Hardback
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The book will set out the challenges that the production for enforcement (or even so-called 'recognition') of an unfamiliar foreign authentic instrument will pose to UK practitioners, whether in contentious or non-contentious proceedings. The book takes a two part approach. In part one it will focus on an explanation of ...
The Private International Law of Authentic Instruments
The book will set out the challenges that the production for enforcement (or even so-called 'recognition') of an unfamiliar foreign authentic instrument will pose to UK practitioners, whether in contentious or non-contentious proceedings. The book takes a two part approach. In part one it will focus on an explanation of the nature of the foreign legal concept of an authentic instrument, setting out the modes of creation, typical domestic evidentiary effects, and the typical domestic options to challenge such authentic instruments. Part two will then examine and analyze authentic instruments under specific European Union private international law Regulations, focusing on the different cross-border legal effects allowed and procedures that apply to each such Regulation. Rigorous, authoritative and comprehensive, this will be an invaluable tool to all practitioners in the field.
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126.000000 USD

The Private International Law of Authentic Instruments

by Jonathan Fitchen
Hardback
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Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. A myriad of different regulations apply in all WTO Members and have the potential for affecting international trade. The Agreements on the Application of Sanitary and Phytosanitary measures and on Technical Barriers to ...
Transparency in the WTO SPS and TBT Agreements: The Real Jewel in the Crown
Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. A myriad of different regulations apply in all WTO Members and have the potential for affecting international trade. The Agreements on the Application of Sanitary and Phytosanitary measures and on Technical Barriers to Trade provide the most comprehensive frameworks in the WTO to address the costs arising from such regulatory diversity, through obligations on regulatory transparency and co-operation. This book gives a detailed account of the legal disciplines of the two Agreements, an in-depth presentation of discussions between WTO Members, and an overview of the few cases that end up in formal dispute settlement. It shows that the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with transparency enabling implementation of WTO obligations through better information sharing and co-operation among Members themselves, through non-judicial means.
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115.500000 USD

Transparency in the WTO SPS and TBT Agreements: The Real Jewel in the Crown

by Marianna B. Karttunen
Hardback
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The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely book is the first comprehensive research ...
The Fight Against Impunity in EU law
The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely book is the first comprehensive research to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. Over the last years, the fight against impunity has amounted to a pressing concern for the European institutions. It has shaped several EU policies and has become a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
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120.750000 USD

The Fight Against Impunity in EU law

Hardback
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This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book ...
Prosecutorial Discretion at the International Criminal Court
This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.
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105.000000 USD

Prosecutorial Discretion at the International Criminal Court

by Anni Pues
Hardback
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The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings ...
Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU
The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.
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50.400000 USD

Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU

Paperback / softback
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This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such ...
The Needed Balances in EU Criminal Law: Past, Present and Future
This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.
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64.050000 USD

The Needed Balances in EU Criminal Law: Past, Present and Future

Paperback / softback
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The definition of organised crime has long been the object of lively debate, at national and international level. Sociological and legal analysis has not yet led to one definitive answer to the question of what exactly 'organised crime' means. Nonetheless, many instruments adopted both at international and national levels set ...
Redefining Organised Crime: A Challenge for the European Union?
The definition of organised crime has long been the object of lively debate, at national and international level. Sociological and legal analysis has not yet led to one definitive answer to the question of what exactly 'organised crime' means. Nonetheless, many instruments adopted both at international and national levels set forth special legal regimes designed to target criminal groups featuring a stable organisation, which are perceived as particularly dangerous to society. Therefore, identifying the notion of organised crime is crucial to establishing the scope of any legal instrument specifically designed for combating it. The aim of this book is to reassess the scope, the effectiveness and the overall coherence of existing definitions of organised crime, and to identify any need for a reconsideration of these definitions, specifically with reference to the EU legal order. It will be of interest to academics, practitioners and legislators working in the sphere of EU criminal law and of organised crime more generally.
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57.750000 USD

Redefining Organised Crime: A Challenge for the European Union?

Paperback / softback
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The environment suffers enormously from armed conflicts and despite the increasing awareness of the pressing need to protect the environment, much environmental damage can occur legally during armed conflict. This book deals with the topic of environmental protection in wartime. It suggests that - apart from the protection offered under ...
The Role of Multilateral Environmental Agreements
The environment suffers enormously from armed conflicts and despite the increasing awareness of the pressing need to protect the environment, much environmental damage can occur legally during armed conflict. This book deals with the topic of environmental protection in wartime. It suggests that - apart from the protection offered under law of armed conflict - environmental treaties or multilateral agreements (MEAs) can complement and strengthen environmental protection in times of armed conflict. Previous research has focused on the protection offered under the law of armed conflict (in particular international humanitarian law), and customary international environmental law to deal with wartime environmental damage, or whether environmental treaties remain applicable at times of armed conflict. This is the first in depth scholarly examination of how environmental treaties can apply in wartime and in which manner they can contribute to protect the environment in relation to armed conflict. It also offers an updated study of environmental protection under law of armed conflict, including the latest developments in the International Law Commission on its work on the topic Protection of the Environment in relation to Armed Conflict. The book provides a comprehensive overview of the state of international law and the protection it provided for the environment during armed conflict.
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115.500000 USD

The Role of Multilateral Environmental Agreements

by Britta Sjostedt
Hardback
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This book examines the rights of the child using the global framework of the United Nations International Convention on the Rights of the Child 1989. Analysing both public and private international legal aspects, this cross-disciplinary text promotes a holistic understanding of the on-going development of child law, children's rights and ...
International Child Law
This book examines the rights of the child using the global framework of the United Nations International Convention on the Rights of the Child 1989. Analysing both public and private international legal aspects, this cross-disciplinary text promotes a holistic understanding of the on-going development of child law, children's rights and the protection of the child. In-depth analysis of the following topic areas are included: Childhood in the Digital Age, Child Labour, International Parental Child Abduction, Inter-country Adoption, Child Sexual Exploitation, Children in Armed Conflict, and Indigenous Children. These topics are contextualised with further chapters on the concept of childhood and children's rights, the international legal framework in which the Convention operates and a substantive chapter on the Convention itself. This 4th edition has been updated and revised, including a new chapter dealing with issues arising from childhood in the age of unprecedented digital technological advancements; a crucial issue for childhood experiences in modern times. This edition also includes new case studies, recent legal developments in the field of international child law, and inclusion of broader scholarship to capture diverse views on international law and child law. The aim of this book is to provide the reader with an accessible, informed, critical and scholarly account of the international law framework relating to children. Drawing on a range of legal and other disciplines, this book remains a valuable resource for those in the course of study and research in this area.
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152.250000 USD

International Child Law

by Conrad Nyamutata, Rajnaara Akhtar
Hardback
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This book examines the rights of the child using the global framework of the United Nations International Convention on the Rights of the Child 1989. Analysing both public and private international legal aspects, this cross-disciplinary text promotes a holistic understanding of the on-going development of child law, children's rights and ...
International Child Law
This book examines the rights of the child using the global framework of the United Nations International Convention on the Rights of the Child 1989. Analysing both public and private international legal aspects, this cross-disciplinary text promotes a holistic understanding of the on-going development of child law, children's rights and the protection of the child. In-depth analysis of the following topic areas are included: Childhood in the Digital Age, Child Labour, International Parental Child Abduction, Inter-country Adoption, Child Sexual Exploitation, Children in Armed Conflict, and Indigenous Children. These topics are contextualised with further chapters on the concept of childhood and children's rights, the international legal framework in which the Convention operates and a substantive chapter on the Convention itself. This 4th edition has been updated and revised, including a new chapter dealing with issues arising from childhood in the age of unprecedented digital technological advancements; a crucial issue for childhood experiences in modern times. This edition also includes new case studies, recent legal developments in the field of international child law, and inclusion of broader scholarship to capture diverse views on international law and child law. The aim of this book is to provide the reader with an accessible, informed, critical and scholarly account of the international law framework relating to children. Drawing on a range of legal and other disciplines, this book remains a valuable resource for those in the course of study and research in this area.
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55.78 USD

International Child Law

by Conrad Nyamutata, Rajnaara Akhtar
Paperback / softback
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Unilateral Remedies to Cyber Operations: Self-Defence, Countermeasures, Necessity, and the Question of Attribution
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115.500000 USD

Unilateral Remedies to Cyber Operations: Self-Defence, Countermeasures, Necessity, and the Question of Attribution

by Henning Lahmann
Hardback
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Since its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC's principle of complementarity as a transnational site and ...
Complementarity, Catalysts, Compliance: The International Criminal Court in Uganda, Kenya, and the Democratic Republic of Congo
Since its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC's principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a catalyst for compliance and its unexpected effects on the legal frameworks and institutions of three different ICC situation countries in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity's law and practice to contemporary debates in international law and relations, the book unsettles international law's dominant progressive narrative. It urges a critical rethinking of the ICC's politics and a reorientation towards international criminal justice as a project of global legal pluralism.
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131.250000 USD

Complementarity, Catalysts, Compliance: The International Criminal Court in Uganda, Kenya, and the Democratic Republic of Congo

by Christian M. De Vos
Hardback
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Unrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an 'enterprise-ready' attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and ...
Concessionaires, Financiers and Communities: Implementing Indigenous Peoples' Rights to Land in Transnational Development Projects
Unrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an 'enterprise-ready' attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of Indigenous peoples' rights to land? This original perspective on transnational development projects explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise.
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115.500000 USD

Concessionaires, Financiers and Communities: Implementing Indigenous Peoples' Rights to Land in Transnational Development Projects

by Kinnari I. Bhatt
Hardback
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This book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to ...
Cyber Operations and International Law
This book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case nor it cannot solve the problem related to technical capabilities of the victim.
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162.750000 USD

Cyber Operations and International Law

by Francois Delerue
Hardback
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Utilizing case studies and extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, ...
The Truth Machines: Policing, Violence, and Scientific Interrogations in India
Utilizing case studies and extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of 'truth serum,' sodium pentothal) represent a paradigm shift away from physical torture; most state High Courts in India have upheld this rationale. The Truth Machines examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theorization of state power and legal violence, challenging the dominant frameworks about this relationship. Jinee Lokaneeta argues that the attempt to replace physical torture with a truth-seeking apparatus in India fails, because it relies on a confessional paradigm contiguous with torture. Her work also provides insights into a police institution that gets founded and re-founded in its everyday interactions between state and non-state actors. This book demonstrates the contingent, disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention.
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99.750000 USD

The Truth Machines: Policing, Violence, and Scientific Interrogations in India

by Jinee Lokaneeta
Hardback
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This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which ...
Consumer Vulnerability and Welfare in Mortgage Contracts
This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.
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42.000000 USD

Consumer Vulnerability and Welfare in Mortgage Contracts

by Irina Domurath
Paperback / softback
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Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. ...
Transitional Justice and the Public Sphere: Engagement, Legitimacy and Contestation
Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
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50.400000 USD

Transitional Justice and the Public Sphere: Engagement, Legitimacy and Contestation

Paperback / softback
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This monograph was originally developed as a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of ...
The Right to Strike in International Law
This monograph was originally developed as a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association. The group's apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers' arguments to justify new limitations on that right. The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law; indeed, the authors demonstrate that it has attained the status of customary international law.
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94.500000 USD

The Right to Strike in International Law

by Tonia Novitz, Klaus Loercher, John Hendy QC, Keith Ewing, Lance Compa, Janice Bellace, Jeffrey Vogt
Hardback
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This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and ...
Clawback Law in the Context of Succession
This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily ? as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.
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105.000000 USD

Clawback Law in the Context of Succession

by Jayne Holliday
Hardback
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Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this ...
The Use of Force and Article 2 of the ECHR in Light of European Conflicts
Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies - the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights - to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts - the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict - to illustrate its points.
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50.400000 USD

The Use of Force and Article 2 of the ECHR in Light of European Conflicts

by Hannah Russell
Paperback / softback
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Since 2010 the European Union has been plagued by the crises of the rule of law and democracy, which haves been spreading from Central and Eastern Europe and haves caught many by surprise surprise - unjustly so. This book argues that the professed success of the 2004 big bang enlargement ...
The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond
Since 2010 the European Union has been plagued by the crises of the rule of law and democracy, which haves been spreading from Central and Eastern Europe and haves caught many by surprise surprise - unjustly so. This book argues that the professed success of the 2004 big bang enlargement was in many respects mirroring only the Potemkin village erected in the new member states on their way back to Europe. The spearheading country of the Potemkin village has been Slovenia. Since its independence and throughout the accession process, Slovenia was portrayed as the best disciple and as a poster-child of the New Europe. This book claims that the widely shared narrative of the Slovenian EU dream has, unfortunately, been just a myth. In many ways, Slovenia fares even worse than its contemporary constitutionally-backsliding CEE counterparts. The understanding of the depth and breadth of the rule of law and democracy crises in Slovenia, the authors of this book hope, will also contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE member states, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of an improved understanding that the causes of the crises can be more accurately identified and, consequently, more appropriately addressed at national, transnational and supranational levels.
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99.750000 USD

The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond

by Jernej Letnar Cernic, Matej Avbelj
Hardback
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What can be done if the United Nations Security Council fails to protect people from mass atrocities? At a time of inaction and political paralysis at the United Nations, this book explains the legality of alternative action beyond the Security Council. This book takes a fresh look at the responsibility ...
The Responsibility to Protect and the Failures of the United Nations Security Council
What can be done if the United Nations Security Council fails to protect people from mass atrocities? At a time of inaction and political paralysis at the United Nations, this book explains the legality of alternative action beyond the Security Council. This book takes a fresh look at the responsibility to protect and offers new and compelling insights into the powers and limits of the UN Security Council. It argues that the Security Council's responsibility to maintain international peace and security, and its responsibility to protect, do not die with its own failures. Other actors can and must take up responsibility to save those in need. In a persuasive and detailed examination of the legal framework, this research identifies options for coercive measures to be taken beyond the Council that could be used to break the deadlock, including through the General Assembly and regional organisations. It provides a must-have resource for students, academics, and researchers on key principles of international law. It also offers insight for governments, policy-makers, and other international actors on how they can uphold their legal responsibilities, maintain peace and security, and prevent their failures from undermining the very existence of the UN itself.
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115.500000 USD

The Responsibility to Protect and the Failures of the United Nations Security Council

by P M Butchard
Hardback
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This book examines the engagement of African states with the United Nations Human Rights Council's Universal Periodic Review Mechanism (UPR). This human rights mechanism is known for its pacific and non-confrontational approach to monitoring state human rights implementation. Coming at the end of the first three cycles of the UPR, ...
The Human Rights Council: The Impact of the Universal Periodic Review in Africa
This book examines the engagement of African states with the United Nations Human Rights Council's Universal Periodic Review Mechanism (UPR). This human rights mechanism is known for its pacific and non-confrontational approach to monitoring state human rights implementation. Coming at the end of the first three cycles of the UPR, the work offers a detailed analysis into the effectiveness of African states' engagement and its potential impact. It develops a framework which comprehensively evaluates aspects of states' UPR engagement such as the pre-review national consultation process and implementation of UPR recommendations which, until recently, have received little attention. The book considers the potential for acculturation in engagement with the UPR and unpacks the impact of politics, regionalism, cultural relativism, rights ritualism and civil society. The work provides a useful guide for policymakers and international human rights law practitioners as well as a valuable resource for international legal and international relations academics and researchers.
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223.16 USD

The Human Rights Council: The Impact of the Universal Periodic Review in Africa

by Damian Etone
Hardback
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The legal foundations of global governance are shifting. In addition to traditional instruments for resolving cross-border problems, such as treaties and formal international organizations, policy-makers are turning increasingly to informal agreements and organizations like the Group of Twenty, the Financial Stability Board, and the Asia Pacific Economic Cooperation. A growing ...
The Origins of Informality: Why the Legal Foundations of Global Governance are Shifting, and Why It Matters
The legal foundations of global governance are shifting. In addition to traditional instruments for resolving cross-border problems, such as treaties and formal international organizations, policy-makers are turning increasingly to informal agreements and organizations like the Group of Twenty, the Financial Stability Board, and the Asia Pacific Economic Cooperation. A growing number of policy-makers view such weakly-legalized organizations as promising new tools of governance, arguing that informal bodies are faster and more flexible than their formal counterparts, and better-suited to the complex problems raised by deepening interdependence. Yet, equally, political scientists have puzzled over these international organizations. At present, we still know relatively little about these bodies, why they have become so important, and whether they are indeed capable of addressing the immense challenges faced by the global community. In The Origins of Informality, Charles Roger offers a new way of thinking about informal organizations, presents new data revealing their extraordinary growth over time and across regions, and advances a novel theory to explain these patterns. In contrast with existing approaches, he locates the drivers of informality within the internal politics of states, explaining how major shifts within the domestic political arenas of the great powers have projected outwards and reshaped the legal structure of the global system. Informal organizations have been embraced because they allow bureaucrats in powerful states to maintain autonomy over their activities, and can help politicians to circumvent domestic opponents of their foreign policies. Drawing on original quantitative data, interviews, and archival research, the book analyzes some of the most important institutions governing the global economy, showing how informality has helped domestic actors to achieve their narrow political goals-even when this comes at the expense of the institutions they eventually create. Ultimately, Roger claims, the shift towards informality has allowed the number of multilateral institutions to rapidly increase in response to global problems. But, at the same time, it has coincided with a decline in their quality, leaving us less prepared for the next global crisis.
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77.700000 USD

The Origins of Informality: Why the Legal Foundations of Global Governance are Shifting, and Why It Matters

by Charles B. Roger
Hardback
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Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual ...
Law Applicable to Armed Conflict
Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.
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94.490000 USD

Law Applicable to Armed Conflict

by Helen Duffy, Janina Dill, Ziv Bohrer
Hardback
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In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and ...
The Many Lives of Transnational Law: Critical Engagements with Jessup's Bold Proposal
In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many nation states. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today.
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147.000000 USD

The Many Lives of Transnational Law: Critical Engagements with Jessup's Bold Proposal

Hardback
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