This book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context. The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria. The cases are divided into four sections covering: - Foundational Questions in Law and Religion - Freedom of Religion around the Commonwealth - Religion and state relations around the Commonwealth - Rights, Relationships and Religion around the Commonwealth. Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include: - Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia - The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia - Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights - R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights. The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.

Globalisation has opened new avenues to corruption. Corrupt practices are proliferating not only within national borders but across different countries. Despite many national and international anti-corruption bodies and strategies, corruption far from being eradicated. There is an urgent global demand for a better understanding of corruption as a phenomenon and a thorough assessment of the existing regulatory remedies, towards the establishment of more effective (and possibly uniform) anti-corruption measures. Our previous collection, Corruption in the Global Era (Routledge, 2019), analysed the causes, the sources, and the forms of manifestation of global corruption. An ideal continuation of that volume, this book moves from the analysis of the phenomenon of corruption to that of the regulatory remedies against corruption and for the promotion of integrity. Corruption, Integrity and the Law provides a unique interdisciplinary assessment of the global anti-corruption legal framework. The collection gathers top experts in different fields of both the academic and the professional world - including criminal law, EU law, international law, competition law, corporate law and ethics. It analyses legal instruments adopted not only at a supranational level but also by different countries, in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice and between different legal systems towards a better global promotion of integrity. This book will be of value to researchers, academics and students in the fields of law, criminology, sociology, economics, ethics as well as professionals - especially solicitors, barristers, businessmen and public servants.

The term judicial opinion can be a misnomer as rarely are judges' true feelings on legal issues and the work they do made available to the public. Judges are constrained when writing decisions to follow the law and leave personal commentary aside. Through a series of revealing interviews, this book gathers empirical data from judges and justices from different legal systems to provide a scintillating look at how they view their jobs and cope with difficult legal matters. Interviews are conducted according to strict guidelines with a standardized format for consistency. Each chapter begins by describing the region and its style of judicial governance. This is followed by an interview with a judge or justice in the particular jurisdiction. They discuss their careers, personal judicial philosophies, the problems and successes they've experienced, and how theory influences practice in their jurisdiction. Many also discuss transnational relations and several chapters include glossaries that explain unfamiliar terms and acronyms. Each chapter concludes with the interviewer's assessment and observations. This structure allows readers to easily compare the views of judges and to see the similarities, the differences, and the uniqueness of the different legal models and systems. Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Two is the seventh publication in the Interviews with Global Leaders in Policing, Courts, and Prisons series. The broad-based coverage of varying viewpoints in this text encourages a great breadth of understanding of global justice.

This book presents a comprehensive study on how twenty-three countries have approached the issue of company groups. In addition to detailed profiles of each country's legislation, written by some of the most respected experts in the field, the book also presents a general overview and offers readers an in-depth, up-to-date and highly practical comparative analysis of the company group phenomenon in connection with national legal regimes. As such, the book is a must-read for all those seeking a deeper understanding of how company groups are viewed and regulated around the globe.

This important research review identifies leading articles covering the breadth of comparative competition law. The review addresses the theories behind competition, the issues surrounding the abuse of dominance or monopolization and the vertical restraints of trade, as well as cartels, non-cartels and mergers along with an insight into practice and procedures. Researchers will find the text, and selected articles, to be an invaluable window into scholarly and professional reflection on this diverse subject.

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs' point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China's behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

This book explores key innovations in Rwandan law, exploring how the country has tried to combine the homegrown legal system with the civil law and common law legal systems to create a new hybrid legal system. The author explores the history of Rwandan law through the pre-colonial, to colonial and post-independence periods, and examines the homegrown legal and justice approaches, such as Gacaca, Abunzi, and Imihigo, introduced to deal with legal problems that could not be dealt with using the western legal system in post genocide Rwanda. The book highlights the innovative Rwandan approach to incorporating international law in the domestic legal system; it also covers the evolution of Rwandan constitutional law and constitutionalism since independence, and the development of family law from a legal system that oppressed women to one that promotes the rights of girls and women. Finally, the book explores the combination of common law and civil law systems in the development of the new Rwandan criminal law and in the transformation of the organization, jurisdiction, and functioning of Rwandan courts. This book will be of interest to scholars and students of African law, international law, and the legal system in Rwanda.

This book provides a clear and thorough account of the process leading up to the revision of the International Telecommunication Regulations (ITRs) one of the four treaties administered by the ITU. The author's inside view of the events and his legal analysis of the new ITRs, are different from that what has been aired in most other accounts to date. His systematic approach shows how much of the criticism of the WCIT-12 process and of the ITRs themselves, is unjustified. This book provides the most accurate view to date of what theITRs really mean and of what really happened at WCIT-12, which was undoubtedly a key event in the history of telecommunication policy and which is likely to have significant long-term effects.

The book covers in some detail the events leading to the non-signature of the treaty by a significant number of states, outlines possible consequences of that split between states, and offers possible ways forward. The book includes a detailed article-by-article analysis of the new ITRs, explaining their implications and concludes with recommendations for national authorities. It concludes with an analysis of events from the point of view of dispute resolution theory, offering suggestions for how to avoid divisive outcomes in the future.

"This is an excellent book, and quite rich and comprehensive. The topic is important and the book will surely be of interest to regulators, diplomats, policy experts, and all those who participated in WCIT. The author is uniquely qualified to write an analysis of the new ITRs and an account of the Conference. This book will be a good reference for the next Plenipotentiary Conference to be held in 2014 which is going to discuss follow-up to WCIT-12." Naser al-Rashedi, United Arab Emirates.

"This is an authoritative expert account of a moment of high significance for vital issues with respect to international networks." Professor Dan Schiller, University of Illinois.

"This is an excellent and timely work." Professor Ian Walden, Queen Mary, University of London.

"Interested persons, businesses and governments can draw their policies from the assessments of a telecommunications insider as presented in this book.

The manifold arguments enlightening the interpretation of the provisions of the ITRs might become an invaluable guidance for those who apply the ITRs in the future."

Professor Dr. Rolf H. Weber, University of Zurich."

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. Bringing together leading scholars from political science and comparative public law, this handbook presents a broad historical and geographical perspective, exploring debates on constitutionalism across the world. Contributions provide original, innovative research on central issues related to the process and context of constitution making and identify distinctive elements or models of regional constitutionalism. Insightful and comprehensive, this handbook offers impeccable guidance for students and scholars of constitutional and comparative public law, as well as political science, sociology and history, who are interested in the study of constitution making, democratization and post-conflict reconstruction. Lawyers, civil servants and NGOs in the field of constitutional advising and post-conflict institution building will also benefit from this handbook's unique insight.

Cesare Beccaria's slim 1764 volume On Crimes and Punishments influenced policy developments worldwide and over decades, if not centuries, after its publication. For those who turn to Beccaria's work today, the encounter is shaped by that knowledge. Appreciative of On Crimes and Punishments' dual nature as historical document and repository of ideas, the contributions in this collection address different aspects of the criminal justice theory Beccaria offered his readers and face up to methodological questions raised by meeting a historical text of this kind - unsystematic and by modern standards often under-argued - with modern scholarly conventions in mind. Contributions in the first part of the book engage with Beccaria's political theory of criminal justice through the lenses of political and penal philosophy, considering how Beccaria's blending of social-contractarian foundations and proto-utilitarian policy analysis interlinks with the concrete set of criminal justice practices Beccaria presents as justified. This leads on to the second part where contributors approach Beccaria's ideas with present-day reforms and developments in mind. Many of his policy proposals and arguments remain significant from our contemporary perspective, their limitations and omissions proving as instructive for the contemporary scholar as their more prescient elements. The third part offers those looking at Beccaria's work today a glimpse into the practical difficulties facing the firebrand author turned public servant during his long career in the Habsburg-Lombardian administration. It puts his work into the broader context of pathways to criminal justice reform in northern Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in Beccaria's day.

This new book offers a detailed, comparative, and critical analysis of the notion of `legitimate expectations' in administrative law. It sets out the moral justification for protection of expectations and examines how procedural and substantive principles of administrative law, as well as principles of tort liability, contribute to their protection in English, French, and EC law. It argues that English law does not protect expectations adequately and presents original and detailed suggestions for legal reform.

The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.

This book focuses on the most serious social and economic challenges faced by China from a public international law perspective. The vast and diversified nature of public international law inspires the author to organize the book on a topic oriented basis, i.e. selecting five most crucial and interrelated issues in contemporary China to investigate and address. It reviews and evaluates China's response to these challenges and its continuing efforts in searching for solutions to these problems. These issues are inter-related and mutually affective, and moreover, impact collectively on the nation's standings in the international community. The country's national stability and economic sustainability may be retained only when these issues are dealt with efficiently and appropriately. This is a timely and comprehensive book addressing the most crucial problems confronted by contemporary China in the field of public international law, mainly concerning border issues, natural resources, environment and corruption. The work not only addresses these issues separately, but also delineates their interrelationships. In doing so, the complexity of these issues is revealed to a full extent.

The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.

Principles of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them.
In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been very considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations.
The chapters present not only the rules of law, but, where appropriate, the principles and values underlying the system. Considerable use is made of juristic literature and of examples from French case law.
The book is designed for students studying French law at both undergraduate and postgraduate level, and as preliminary reading for students about to study in France. It will also serve as an initial point of reference for scholars embarking on a study of French law.

First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions are discussed against the background of theories concerning important features of late modern society, for example consumerism, risk, information, globalisation and fragmentation. Several fields of private law are analysed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative, including analyses of both common law and continental law.

'This book is a useful addition to our literature on climate change law, with its focus on climate change at the local level. It examines how local governments, municipalities and city authorities address climate change through law and policy, and the problems/constraints faced in mitigation and adaptation at the local level. The 15 contributors have thoughtfully and critically analysed the issues from intellectual as well as practical perspectives, drawing on the experiences of North America as well as the EU, China, Australia and South Africa. The reader is left with deeper insights and suggestions for the way forward.' - Irene Lin Heng Lye, National University of Singapore 'This volume offers a thorough exploration of the challenges and opportunities for local governments in many parts of the world to mitigate and adapt to climate change.' - Laura Watchmann, LEED AP-ND, Executive Director, NALGEP 'As the international climate consensus is fading, the focus has shifted from the global to the local. This book is timely and ground-breaking as it frames a new subject of legal study and proves the dramatic surge of local climate action. A must-read.' - Klaus Bosselmann, University of Auckland, New Zealand Local Climate Change Law examines the role of local government, especially within cities, in addressing climate change through legal, policy, planning and other tools. This timely study offers a multi-jurisdictional perspective, featuring international contributors who examine both theoretical and practical dimensions of how localities are addressing climate mitigation and adaptation in Australia, Canada, China, Europe, South Africa and the United States, as well as considering the place of localities in global climate law agreements and transnational networks. Written from a multi-disciplinary perspective, this book will appeal to academics, post graduate and undergraduate students in law and political science, local and national government policy makers and politicians, as well as practising local government lawyers. Anyone with a general interest in environmental issues will also find much to interest them in this insightful study. Contributors: M. Doelle, A. du Plessis, L. Godden, J. Lin, J. Moore, K.B. Munroe, H.M. Osofsky, S. Pasternack, M. Peeters, M. Powers, B.J. Richardson, E. Schwartz, S. Theriault, K. Thompson, S. Wood

This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

This title was first published in 2001. The global legal landscape is littered with attempts to provide context and meaning for sexual harassment law. Most have failed because they have limited themselves to the mere words of law. This cross-national study is the first to expand our notion of sexual harassment law and implementation by exposing the relationship between law and its social context, demonstrating how this fundamentally influences legal understandings and outcomes. Taking a unique theoretical approach, this book explores perceptions of law within national, corporate and the individual contexts, analyzing the potentials of each level to influence the social understanding of law and the wider role of law in society itself. The result is a pioneering work of fresh insight which will appeal to a broad range of academic disciplines.

This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.

Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan's predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people's deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.

The rise of China signals a new chapter in international relations. How China interacts with the international legal order-namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China-has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.