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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)

Cultural Expertise, Law and Rights - A Comprehensive Guide (Hardcover): Livia Holden Cultural Expertise, Law and Rights - A Comprehensive Guide (Hardcover)
Livia Holden
R4,059 Discovery Miles 40 590 Ships in 12 - 17 working days

Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.

Expansion Rebellion - Using the Law to Fight a Runway and Save the Planet (Paperback): Celeste Hicks Expansion Rebellion - Using the Law to Fight a Runway and Save the Planet (Paperback)
Celeste Hicks
R438 Discovery Miles 4 380 Ships in 12 - 17 working days

This is a story of hope in the face of widespread consternation over the global climate crisis. For many people concerned about global warming, the 2018 vote by UK parliamentarians to proceed with the plans for a third runway at Heathrow Airport was a devastating blow. Aviation was predicted to make up some 25% of the UK's carbon emissions by 2050 and so the decision seemed to fly in the face of the UK's commitment to be a climate leader. Can the UK expand Heathrow airport, bringing in 700 extra planes a day, and still stay within ambitious carbon budgets? One legal case sought to answer this question. Campaigning lawyers argued that plans for a third runway at one of the world's busiest airports would jeopardise the UK's ability to meet its commitments under the 2015 Paris Agreement on climate change. This book traces the dramatic story of how the case was prepared - and why international aviation has for so long avoided meaningful limits on its expansion. -- .

Practical Guide to Litigation - Travers Smith Braithwaite (Hardcover, 2nd edition): Jonathan Leslie, John Kingston Practical Guide to Litigation - Travers Smith Braithwaite (Hardcover, 2nd edition)
Jonathan Leslie, John Kingston
R3,494 R2,743 Discovery Miles 27 430 Save R751 (21%) Ships in 12 - 17 working days

Against the background of Lord Woolf's interim report "Access to Justice", this text includes accounts of tactical matters and practical litigation "tips", as well as descriptions of the procedures involved. Litigation is often conducted by companies who do not have much practical experience of the processes that might be expected of them. The same applies to others who become involved in litigation without actually having to conduct the procudure as lawyers. This book is intended to give a brief, clear and comprehensive overview of litigation, arbitration and ADR in England. Intended as a comprehensive overview of litigation, arbitration and ADR in England, this guide is aimed at clients and firms who are involved in, or assist cases, who would like to understand the process better in a non-technical way but do not want to see every statement supported by authority.

Mastering Expert Testimony - A Courtroom Handbook for Mental Health Professionals (Hardcover): William T. Tsushima, Robert M.... Mastering Expert Testimony - A Courtroom Handbook for Mental Health Professionals (Hardcover)
William T. Tsushima, Robert M. Anderson, Robert M. Anderson Jr
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

The past two decades have seen a rapidly growing involvement of psychologists and psychiatrists in legal proceedings for criminal cases, divorces, and traffic and industrial accidents. Mental health professionals are traditionally not trained to cope with the legal responsibilities that arise from their routine clinical work and are eager to learn the professional skills that are needed in forensic settings. There is presently no book which focuses entirely on the strategies and verbal tactics employed by attorneys who critically examine and challenge the testimony of mental health professionals. If psychologists and psychiatrists can familiarize themselves with the kind of questions and verbal exchanges that take place in the courtroom, they would be better prepared to provide their expertise in an effective manner. This book fills that need.
Designed as a practical handbook to assist practitioners from all mental health disciplines, it focuses on typical courtroom dialogue between attorneys and mental health professionals who testify regarding their psychotherapy clients and also those who are hired by attorneys specifically to provide expert opinions. The authors, who have extensive experience in the courtroom, offer well-thought-out, effective responses as contrasted with impulsive and weak answers to attorneys' queries. Actual cases are employed to illustrate typical challenges in various legal areas, including criminal law, child custody hearings, and personal injury cases. Certain forensic issues such as the scientific bases of expert opinions, the accuracy of psychological vs. medical tests, and malingering, are emphasized throughout the chapters.
The book is based on the belief that exposure to courtroom dialogue enhances the awareness of appropriate professional responses to an attorney's cross-examination and greatly alleviates fear toward a situation well-known to provoke intense levels of anxiety. Although it is written alluding to the forensic psychologist or psychiatrist, the strategies for the witness are readily applicable in most instances to all mental health professionals. Issues such as therapist bias, unconfirmed observations, and cultural and ethnic factors are clearly relevant to all who provide mental health services.

Adjudicating Global Business in and with India - International Commercial and Investment Disputes Settlement (Hardcover): Leila... Adjudicating Global Business in and with India - International Commercial and Investment Disputes Settlement (Hardcover)
Leila Choukroune, Rahul Donde
R3,850 Discovery Miles 38 500 Ships in 9 - 15 working days

This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession's response to these developments, and civil society's comments. In addition, it addresses contemporary problems of key importance and at the centre of today's discussions, from the legitimacy and relevance of Investor-State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

Sexual History Evidence in Rape Trials - Is the Jury Out (Hardcover): Charlotte Herriott Sexual History Evidence in Rape Trials - Is the Jury Out (Hardcover)
Charlotte Herriott
R3,750 Discovery Miles 37 500 Ships in 12 - 17 working days

This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and presents original findings regarding the impact of this evidence on jurors. The book presents findings of the first research in England and Wales that has examined how jurors interpret, discuss, and rely upon sexual history evidence in deliberations. It draws upon qualitative and quantitative findings of 18 mock jury simulation panels, to highlight the complex, nuanced and intersectional impact of this evidence. Findings highlight ongoing prejudicial impact of sexual history evidence, with jurors routinely drawing upon rape myths and stereotypes about sexual violence, to posit relevance of this evidence and undermine the perceived credibility of the complainant. These findings are embedded within broader discussions about evidential legitimacy in rape trials and use good practice observed in other jurisdictions, to make numerous recommendations for change. Aiming to inform academic, policy and legislative discussions in this area, Sexual History Evidence in Rape Trails will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners.

Adjudicating Global Business in and with India - International Commercial and Investment Disputes Settlement (Paperback): Leila... Adjudicating Global Business in and with India - International Commercial and Investment Disputes Settlement (Paperback)
Leila Choukroune, Rahul Donde
R1,185 Discovery Miles 11 850 Ships in 12 - 17 working days

This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession's response to these developments, and civil society's comments. In addition, it addresses contemporary problems of key importance and at the centre of today's discussions, from the legitimacy and relevance of Investor-State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

Wrongful Convictions and Forensic Science Errors - Case Studies and Root Causes (Paperback): John Morgan Wrongful Convictions and Forensic Science Errors - Case Studies and Root Causes (Paperback)
John Morgan
R1,836 Discovery Miles 18 360 Ships in 12 - 17 working days

Forensic Science Errors and Wrongful Convictions: Case Studies and Root Causes provides a rigorous and detailed examination of two key issues: the continuing problem of wrongful convictions and the role of forensic science in these miscarriages of justice. This comprehensive textbook covers the full breadth of the topic. It looks at each type of evidence, historical factors, system issues, organizational factors, and individual examiners. Forensic science errors may arise at any time from crime scene to courtroom. Probative evidence may be overlooked at the scene of a crime, or the chain of custody may be compromised. Police investigators may misuse or ignore forensic evidence. A poorly-trained examiner may not apply the accepted standards of the discipline or may make unsound interpretations that exceed the limits of generally accepted scientific knowledge. In the courtroom, the forensic scientist may testify outside the standards of the discipline or fail to present exculpatory results. Prosecutors may suppress or mischaracterize evidence, and judges may admit testimony that does not conform to rules of evidence. All too often, the accused will not be afforded an adequate defense-especially given the technical complexities of forensic evidence. These issues do not arise in a vacuum; they result from system issues that are discernable and can be ameliorated. Author John Morgan provides a thorough discussion of the policy, practice, and technical aspects of forensic science errors from a root-cause, scientific analysis perspective. Readers will learn to analyze common issues across cases and jurisdictions, perform basic root cause analysis, and develop systemic reforms. The reader is encouraged to assess cases and issues without regard to preconceived views or prejudicial language. As such, the book reinforces the need to obtain a clear understanding of errors to properly develop a set of effective scientific, procedural, and policy reforms to reduce wrongful convictions and improve forensic integrity and reliability. Written in a format and style accessible to a broad audience, Forensic Science Errors and Wrongful Convictions presents a root-cause analysis across all of these issues, supported by detailed case studies and a clear understanding of the scientific basis of the forensic disciplines.

A Guide to Rehabilitation Testimony - The Expert's Role as an Educator (Hardcover): Deutsch A Guide to Rehabilitation Testimony - The Expert's Role as an Educator (Hardcover)
Deutsch
R3,240 R2,572 Discovery Miles 25 720 Save R668 (21%) Ships in 12 - 17 working days

Anyone working in the rehabilitation arena these days is fully aware of the potential for litigation. Whether you are a counselor, life care planner, case manager, researcher, nurse, or technical expert, the chances of being called to give a deposition or make a courtroom appearance increase daily. Today, the role of the rehabilitation professional is not getting any easier. With litigation more than a possibility in any disability or catastrophic illness case, rehabilitation experts, both plaintiff and defense, need to present themselves in the very best light possible. Guide to Rehabilitation Testimony: The Expert's Role as an Educator offers something for everyone, novice and expert alike. Here are 10 comprehensive chapters of courtroom-tested procedures that work. Also provided are 11 valuable appendices. In over 23 years of working as a rehabilitation professional, Dr. Deutsch has spent thousands of hours giving testimony. Here are tried and proven methods of handling yourself and your material in a legal setting.

Trademarks and Social Media - Towards Algorithmic Justice (Hardcover): Danny Friedmann Trademarks and Social Media - Towards Algorithmic Justice (Hardcover)
Danny Friedmann
R3,839 Discovery Miles 38 390 Ships in 12 - 17 working days

Trademarks and Social Media supports the protection of using the trademark logo correctly on social media. This thoughtful book demonstrates how protection can be implemented within the walled gardens of social media, through the reconciliation of unauthorised use of the trademark logo on social media alongside maintaining the right to exercise freedom of expression. Legal conflicts between trademark holders, social media providers and internet users have become manifest in the light of wide-scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability. This book offers an unparalleled insight into the use of the trademark logo on social media, the consequences of incorrect use and practical solutions to achieve algorithmic justice. Scholars in the field of trademark law will find this a discerning reference tool. Policy makers and practitioners will benefit from the practical solutions presented to protect the trademark logo on social media.

Trade Unions and the Law (Hardcover): Horatio Vester, Anthony H. Gardner Trade Unions and the Law (Hardcover)
Horatio Vester, Anthony H. Gardner
R2,584 Discovery Miles 25 840 Ships in 12 - 17 working days

Originally published in 1955, this book describes in a clear and concise way the nature of a Trade Union in England from the legal point of view, the particular aspects of the Law which make it possible for Trade Unions to carry on their activities and the restraints which the Law place on them for the protection of their members and the community. It briefly reviews the history of Trade Union Law, describes the Acts of Parliament which made the modern Trade Union possible and deals with those aspects of the Law which are important for those who have industrial relations with Trade Unions.

Justice and International Law in Meiji Japan - The Maria Luz Incident and the Dawn of Modernity (Hardcover): Giorgio Fabio... Justice and International Law in Meiji Japan - The Maria Luz Incident and the Dawn of Modernity (Hardcover)
Giorgio Fabio Colombo
R3,757 Discovery Miles 37 570 Ships in 12 - 17 working days

This book carries out a comprehensive analysis of the Maria Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the Maria Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.

Comparative and Transnational Dispute Resolution (Hardcover): Shahla Ali Comparative and Transnational Dispute Resolution (Hardcover)
Shahla Ali
R3,777 Discovery Miles 37 770 Ships in 12 - 17 working days

This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

The Origins of Law and Economics - Essays by the Founding Fathers (Paperback, New edition): Francesco Parisi, Charles K. Rowley The Origins of Law and Economics - Essays by the Founding Fathers (Paperback, New edition)
Francesco Parisi, Charles K. Rowley
R1,765 Discovery Miles 17 650 Ships in 12 - 17 working days

This unique collection of largely unpublished papers brings together the founding fathers of law and economics to provide their own views on the origins and intellectual history of the field. Law and economics emerged as a separate field of scholarship during the early 1960s, fueled by two seminal papers, one by Ronald Coase and one by Guido Calabresi. The ideas generated by scholars researching in the field have deeply influenced the major disciplines of economics and the law. These 16 essays (including three by Nobel Laureates in Economic Sciences) provide an impressive blend of differing experiences and varying perspectives, reflecting on the intellectual foundations of the field, its early struggles for recognition, and its remarkable advance during the last four decades of the twentieth century, and into the twenty-first. The essays clearly outline, and contribute new insights into, all of the central issues of this still vibrant research programme. A unifying theme of the book is the central importance attached by each scholar to scientific analysis, rather than to any particular ideology or dogma. This book provides an absorbing intellectual history of law and economics, and will be a fascinating read for academics and researchers with an interest in law and economics, the history of economic thought, public choice and public policy.

Federal Civil Rules Supplement (Paperback): A. Spencer Federal Civil Rules Supplement (Paperback)
A. Spencer
R1,023 Discovery Miles 10 230 Ships in 10 - 15 working days

This supplement provides a compact and concise compendium of all of the Federal Rules of Civil Procedure currently in effect. It also includes the U.S. Constitution and key provisions of Title 28 of the United States Code. The book's small size and text that is limited to the body of rules and statutes make it a convenient resource for students in civil procedure and complex litigation courses who need quick and easy access to relevant statutory provisions during class or for their studies or exams.

Freedom of Navigation and the Law of the Sea - Warships, States and the Use of Force (Paperback): Cameron Moore Freedom of Navigation and the Law of the Sea - Warships, States and the Use of Force (Paperback)
Cameron Moore
R602 Discovery Miles 6 020 Ships in 12 - 17 working days

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

Non-State Rules in International Commercial Law - Contracts, Legal Authority and Application (Paperback): Johanna Hoekstra Non-State Rules in International Commercial Law - Contracts, Legal Authority and Application (Paperback)
Johanna Hoekstra
R1,211 Discovery Miles 12 110 Ships in 12 - 17 working days

Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.

Federal Rules of Civil Procedure and Selected Other Procedural Provisions, 2022 (Paperback): Kevin M Clermont Federal Rules of Civil Procedure and Selected Other Procedural Provisions, 2022 (Paperback)
Kevin M Clermont
R1,968 Discovery Miles 19 680 Ships in 12 - 17 working days

New book purchase includes complimentary digital access to the eBook. Updated to include the latest amendments, this statutory supplement provides the clearest and most useful collection of statutes and rules for courses in civil procedure-even including a sample set of local rules. The Supplement's unique organizational structure presents much information, but manages to do so without sacrificing a clean and usable presentation of the rules. A clever system of annotation succinctly explains amendments, and a separate presentation of the advisory committee notes now grouped by rule allows inclusion of red-lined versions of the rules, thus making the notes easy to understand and enabling reconstruction of the versions formerly in effect. This presentation reflects the fact that advisory committee notes are as important to a theoretical study of civil procedure as to a doctrinal or practical approach.

Digital Audio Forensics Fundamentals - From Capture to Courtroom (Paperback): James Zjalic Digital Audio Forensics Fundamentals - From Capture to Courtroom (Paperback)
James Zjalic
R1,245 Discovery Miles 12 450 Ships in 9 - 15 working days

- Includes case studies offering insight into famous historical cases and contemporary practicing laboratories. - Represents the first publication to offer a comprehensive introduction to the topic for beginners. - Written by an experienced professional working in the field.

Routledge Handbook of Risk Management and the Law (Hardcover): Virginia A. Suveiu Routledge Handbook of Risk Management and the Law (Hardcover)
Virginia A. Suveiu
R5,747 Discovery Miles 57 470 Ships in 9 - 15 working days

In today's highly globalized and regulated economy, private and public organizations face myriad complex laws and regulations. A process designed to detect and prevent regulatory compliance failures is vital. However, such an effective process cannot succeed without development and maintenance of a strong compliance and legal risk management culture. This wide-ranging handbook pulls together work from experts across universities and industries around the world in a variety of key disciplines such as law, management, and business ethics. It provides an all-inclusive resource, specifying what needs to be known and what needs to be further pursued in these developing areas. With no such single text currently available, the book fills a gap in our current understanding of legal risk management, regulatory compliance, and ethics, offering the potential to advance research efforts and enhance our approaches to effective legal risk management practices. Edited by an expert on legal risk management, this book is an essential reference for students, researchers, and professionals with an interest in business law, risk management, strategic management, and business ethics.

The Economics of Remedies (Hardcover): Ariel Porat The Economics of Remedies (Hardcover)
Ariel Porat
R9,169 Discovery Miles 91 690 Ships in 12 - 17 working days

This essential volume incorporates major contributions made by prominent scholars in the past forty years, which illustrate the understanding of the economics of remedies. The editor has selected seminal articles that analyze the well known distinction between property rules and liability rules and demonstrates its significance. The articles also demonstrate the dilemma of which remedy is the more efficient - damages or specific performance. In addition the collection addresses questions concerning the measure of recovery and the scope of liability, and concludes with the novel topic of partial compensation under uncertainty. This set of indispensable articles, along with an original introduction by the editor, will be of great value to law professors, law students, judges and practicing lawyers interested in law and economics, and economists.

Unlocking the Law of Evidence (Hardcover, 4th edition): Charanjit Singh Unlocking the Law of Evidence (Hardcover, 4th edition)
Charanjit Singh
R3,813 Discovery Miles 38 130 Ships in 12 - 17 working days

Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.

Judicial Cooperation in European Private Law (Hardcover): Fabrizio Cafaggi, Stephanie Law Judicial Cooperation in European Private Law (Hardcover)
Fabrizio Cafaggi, Stephanie Law
R3,292 Discovery Miles 32 920 Ships in 12 - 17 working days

Notwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making. This coherent collection of original chapters provides unique insights into these developments - with a particular focus on consumer law, and changes in national civil procedure via substantive law enforcement - from a broad range of stakeholders, including academics and judges from the EU and the US. Dialogue of both a vertical (between national and European courts) and horizontal (between national courts) nature is visible in the growing number of preliminary references to the CJEU in European private law. Combined with activism on the part of national courts and the growing importance of regulators, this dialogue brings about new forms of development of European private law. This book offers a case-based analysis of these processes, highlighting the need to focus on the instruments of dialogue and cooperation, and pressing beyond the prevailing focus on constitutional dialogue to reveal a new perspective on the private law sphere. Judicial Cooperation in European Private Law will appeal to scholars, students, practising lawyers and judges interested in the creation and development of European private law at both national and EU levels. Contributors include: F. Cafaggi, A.C. Ciacchi, F. Gomez Pomar, M. Jozon, S. Law, K. Lyczkowska, M. Safjan, A.J. Scirica, C. Timmermans

Non-Judicial Remedies and EU Administration - Protection of Rights versus Preservation of Autonomy (Paperback): Paola Chirulli,... Non-Judicial Remedies and EU Administration - Protection of Rights versus Preservation of Autonomy (Paperback)
Paola Chirulli, Luca De Lucia
R1,246 Discovery Miles 12 460 Ships in 12 - 17 working days

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

Enforcing Transnational Private Regulation - A Comparative Analysis of Advertising and Food Safety (Hardcover): Paul Verbruggen Enforcing Transnational Private Regulation - A Comparative Analysis of Advertising and Food Safety (Hardcover)
Paul Verbruggen
R3,481 Discovery Miles 34 810 Ships in 12 - 17 working days

This important book offers an innovative empirical study of the enforcement of transnational private regulation, and complements the existing literature on private standard setting to offer a really major contribution to the field of regulatory governance.' - Colin Scott, UCD Sutherland School of Law, Ireland'Paul Verbruggen demonstrates his capabilities to handle and to lay out the complex regulatory structures in two heterogeneous fields of law and social interaction. The material presented is of incredible value for all those working in the field of transnational private regulation, enforcement and more theoretically on the reasons behind the public/private divide.' - Hans-Wolfgang Micklitz, European University Institute, Italy 'Enforcing Transnational Private Regulation provides a rich and detailed analysis of the interaction between public and private mechanisms in the enforcement of transnational private regulation in the fields of advertising and food safety regulation, exploring the relative capacities of different actors to enforce transnational regulatory norms, from public agencies to NGOs.' - Julia Black, London School of Economics, UK Most recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety. The author provides original insights in the practice of enforcing transnational private regulation and its interplay with courts and administrative authorities. The book's findings, drawn from jurisdictions in the European Union, help identify circumstances in which administrative enforcement may strengthen private enforcement mechanisms, illuminate the role of courts in enforcing transnational private regulation, and inform current theoretical understandings of the function of public enforcement capacity in private regulatory regimes. This book will appeal to scholars and students of regulation and enforcement, as well as policy makers and lawmakers concerned with advertising and food safety regulation. Contents: 1. Introduction: transnational private regulation and the challenge of enforcement 2. Research on transnational private regulation and its enforcement 3. Transnational private regulation of advertising 4. Institutional design of advertising code enforcement and public enforcement 5. Interplay between advertising code enforcement and public enforcement 6. Transnational private regulation of food safety 7. Institutional design of private food safety certification schemes 8. Interplay between private food safety certification schemes and public enforcement 9. Comparative analysis 10. Conclusions Annex: List of interviews Index

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