Jurisprudence and general issues Books

This book examines the application of UK Criminal and Human Rights Law to people and circumstances outside the United Kingdom. Building upon previous analyses which have focused on a single aspect of extraterritorially, this book examines the fields of...

Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the...

The steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This...

Over the past 20 years, cognitive neuroscience has revolutionized our ability to understand the nature of human thought. Working with the understandings of traditional psychology, the new brain science is transforming many disciplines, from economics to...

In this book Alana Barton explores the social control and disciplining of unruly and 'deviant' women from the early nineteenth century to the present day. Her particular focus is the 'semi penal' institution, a category that includes refuges,...

The advent of the knowledge economy and society has made it increasingly necessary for law reformers and policy makers to take account of the effects of technology upon the law and upon legal and political processes. This book explores aspects of...

Maternity Discrimination is an ever increasingly important area of the law around the world, affecting both women and men as they juggle parenthood and the workplace. Pregnant Pause provides readers with a better understanding of the issue of maternity...

Volume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and...

Exploring the role of public sector audit in emerging democracies and developing countries, this book provides an account of the relationship between the public sector auditor, the legislature and executive government. In particular, it introduces public...

The theoretical arguments for environmental taxes and other types of economic instruments for environmental protection have been discussed extensively in the literature. Rather less well discussed has been the extremely complex form that such instruments...

Focusing on the problem of indigenous spoliation in developing countries, this work explores the controversial issue of spoliation by national officials of the wealth of the states of which they are custodians. Due to constraints of the state system and...

This collection of essays brings together Zygmunt Bauman and a number of internationally distinguished legal scholars who examine the influence of Bauman's recent works on social theory of law and socio-legal studies. Contributors focus on the concept of...

This edited collection brings together leading academics in their respective fields to examine the European Union's impact on media and public policy. It provides an analysis of the broader areas of EU policy and links these together to give a greater...

What happens when incidents result in a policy sector losing its legitimacy? When a malfunctioning policy sector receives so much negative public attention that it has to fight for its survival? This study describes three such cases in detail within the...

China has recently entered a significant stage in its economic transition with the introduction of a new and seemingly sophisticated bankruptcy law drawing inspiration from mature insolvency systems. However, this new law is likely to face significant...

The Constitution of Japan has served the country for more than half a century, creating and maintaining a stable and functional democratic system. This book innovatively interprets Japanese politics as a 'benign elite democracy' whilst demonstrating the...

In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap...

Volume 21 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1- 20 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical,...

While water is an increasingly scarce resource, most existing methods to allocate it are neither economically nor environmentally efficient. In these circumstances, water markets offer developed countries a form of regulatory response capable of...

Economic crime is a significant feature of the UK's economic landscape and yet despite the government's bold mission statements 'to hold those suspected of financial wrongdoing to account' as part of their 'day of reckoning' and 'serious about...

This book merges philosophical, psychoanalytical and legal perspectives to explore how spaces of justice are changing and the effect this has on the development of the　administration of justice. There are as central themes: the idea of transgression as...

As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions...

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the...

The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the...

Following the recent global financial crisis there is a growing interest in alternative finance - and microfinance in particular - as new instruments for providing financial services in a socially responsible way or as an alternative to traditional...

In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal disturbance. Two of these emergencies were even continued...

This book is a critical exploration of the war on terror from the prism of armed drones and globalization. It is particularly focused on the United States' use of the drones, and the systemic dysfunctions that globalization has caused to international...

Patents, including pharmaceutical patents, enjoy extended protection for twenty years under the TRIPs Agreement. The Agreement has resulted in creating a two-tier system of the World Trade Organisation Member States, and its implementation has seen the...

In modern countries, a company is commonly categorized as either public or privately-held, depending on whether securities are publicly traded on the open market, into a government-owned company or private company depending on government ownership, or a...

Oliver Wendell Holmes, Jr. has been, and continues to be, praised as America's greatest judge and he is widely considered to have done more than anyone else to breathe life into the Constitution's right of free speech, probably the most crucial right for...

This book provides a detailed analysis of the legal framework in which the energy trade between the European Union and the Russian Federation has been conducted. Using case studies of eight member states, it critically examines the EU's ability and the...

This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of...

Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for...

Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of 'alternative...

This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the...

This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface...

The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People's Republic of China in October 2013. The OBOR comprises the 'Silk Road Economic Belt' and the '21st Century Maritime Silk Road', encompassing over 60...

From the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to...

Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted...

This book examines the UK's response to terrorist communication. Its principle question asks, has individual privacy and collective security been successfully managed and balanced? The author begins by assessing several technologically-based problems...

This book explores femicide, and scrutinizes the three key American criminal doctrines usually applied in its cases: provocation; the felony murder rule; self-defence. The book also explores the influence of the American Model Penal Code, and proposes,...

This book presents a comprehensive investigation of the notion of obligation in Bentham's thought. For Bentham, obligation is a fictitious - namely linguistic - entity, whose import and truth lie in empirical perceptions of pain and pleasure, 'real'...

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different...

Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute...

This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive...

This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to...

In recent years the sexual abuse of children in religious institutions has gripped the Western world, as churches, governments and civil society attempt to come to terms with the magnitude of widespread historical abuses. Questions continue to be asked...

This book provides for an extensive legal analysis of the international drug control system in light of the growing challenges and criticism that this system faces. In the current debate on global drug policy, the central pillars of the international...