The South African Truth Commission assesses different versions of the South African past, the complex negotiations leading to the establishment of the Commission and the complex politics of amnesty, justice, and nation building.

The aim of the book is to highlight the law and economics issues confronting civil law countries. The following questions are addressed in this volume: to what extent have the existing codes in civil law countries been designed to incorporate economic considerations? Can the modifications made to codified rules over time be explained by a will to react to new economic constraints? Which economic problems are at the root of the revision of codes? And, given that the code is not the only source of law in civil law countries, the volume also explores the relationship between law and economics in the context of both the legislature and the courts.

This volume argues for a legal scholarship that maintains its identity vis-a-vis neighboring disciplines without collapsing into doctrinairism."

This book brings together two scholarly traditions: experts in Roman, Jewish and Islamic law, an area where scholars tend to be familiar with work in each area, and experts in the legal traditions of South and East Asia, which have tended to be less interdisciplinary. The resulting mix produces new ways of looking at comparative law and legal history from a global perspective, and these essays contribute both to our understanding of comparative religion as well as comparative law.

Public police forces are a regular phenomenon in most jurisdictions around the world, yet their highly divergent legal context draws surprisingly little attention. Bringing together a wide range of police experts from all around the world, this book provides an overview of traditional and emerging fields of public policing. In this handbook, academics and practitioners explore the relationship between policing and the law and focus on case material and human rights issues. The book concludes that public policing is far from self-evident, particularly in an era where more emphasis is placed upon private security, anti-terrorism and modern technology. As digital and global societies demand new solutions to rapidly changing social challenges, public police will undergo a transformation. New material and findings are presented with an international-comparative perspective. It is a must-read for students of policing, security and law and professionals in related fields. Contributors include: F. Allum, P. de Hert, W. de Lint, M. den Boer, M. Egan, E. Ferreira, N.R. Fyfe, S. Gilmour, S. Gomes, C. Harfield, M. Hassan, M. Head, V. Herrington, S. Hufnagel, A. James, T. Mankkinen, P.K. Manning, R. Mawby, T. Munk, M. O'Neill, S. Perez, A. Pocrnic, J. Saifert, J.A. Schafer, C. Shearing, P. Stenning, M. van der Woude, S. Virta, T. Xu, N. Yang

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

This contribution to comparative family law brings together essays on a range of issues in family law in the United States and England, showing how they stand at the beginning of the 21st century. This provides an opportunity to examine how family law has reacted to a period of change in family life widely held to be without precedent. The legal analyses are set within critical accounts of wider social and family policy and against a fully explored demographic background provided by leading scholars in these areas.

The topic chosen for this special volume of the Comparative Law Yearbook of International Business is unfair trading practices, the use of such practices being a breach of the law against unfair competition. The principle of freedom of competition is vital to any market. Without it, there exists no protection against large companies obtaining monopolies and then ruthlessly exercising their market dominance. The ability of other companies to freely compete with such entities is, therefore, necessary to protect consumers from, for example, highly inflated prices. On the other hand, the right to compete must also be tempered in order to avoid its abuse by traders using unscrupulous methods to sell their products or services. The use of such methods may, again, impede the businesses of others and breach the principle of free competition. This subject is particularly relevant in today's society where new technology such as the Internet provides more and more scope for competition. When faced with unfair trading practices, the most immediate course of action must be to put a stop to such behaviour as soon as possible. If this is not done, a company may find itself suffering heavy losses and may even lose its business altogether. A temporary injunction is, therefore, a very important shield against the attack of a competitor. Once this is in place, a company may initiate proceedings in order to finalize the order and obtain damage for any losses suffered. This book gives a country-by-country account of the provisions and procedures laid down in various jurisdictions worldwide, each being provided by a practitioner in the area of competition law. It will therefore be a useful tool for anyone having to deal with unfair acts in the course of trading.

Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators. Contributors: R. Arnold, M.A. Bagley, B. Domeij, J. Drexl, R.C. Dreyfuss, C.R. Fackelmann, T. Imura, R. Iseki, N. Lee, R. Moufang, H. Ullrich

This book discusses the possibilities for the use of international human rights law (and specifically, international biomedical laws related to the protection of human rights and the human genome) to provide a guiding framework for the future regulation of genetic modifications applied to human embryos and other precursor materials, when these are made with the aim of implanting a genetically altered embryo in a woman. The significance and timeliness of the work derives from the recent availability of CRISPR/ Cas9 and other gene editing tools, and from lacunae in international law regarding the legality of embryo modification with these tools and appropriate governance structures for the oversight of resulting practices. The emergence of improved genome editing tools like CRISPR/Cas9, holds the promise of eradicating genetic diseases in the near future. But its possible future applications with Pre-Implantation Genetic Diagnosis (PGD) raises a plethora of legal and ethical concerns about "remaking" future human beings. The work aims to address an urgent call, to embed these rising concerns about biomedical advancements into the fundamental tailoring of legal systems. Suitable regulatory approaches, coupled with careful reflection of global biomedical laws and individual constitutional systems must be explored. The Book analyzes the impact of reproductive biomedical technologies on the legal and ethical dimensions of regulatory frameworks in selected constitutional systems like the US, the UK, Australia, Malaysia and Thailand. Employing a comparative law methodology, the work reveals a dynamic intersection between legal cultures, socio-philosophical reasoning and the development of a human rights-based framework in bio-political studies. Navigating towards a truly internationalized biomedical approach to emerging technologies, it presents an understanding why a renegotiation and reinvigoration of a contemporary and "new" universal shared values system in the international human rights discourse is now necessary.

Europe has finally started to debate migration. A timely debate indeed, as many migrants have over the last 30 years entered the European Union without the cover of a proper and well-defined policy. The Migration Acquis Handbook (a companion to The Asylum Acquis Handbook) describes and provides the foundation for a common European Migration Policy. It provides an overview of EU instruments in an accessible and transparent manner, pays due attention to EC Commissioner Vitorino's communication on migration and his call for a debate; reproduces relevant non-European international (UN) instruments; moreover includes an overview of the context and contents of the most hotly-contested issues: ageing and demography, globalization, illegal migration, trafficking and family reunification. This handbook should be considered an extremely useful tool, if not indispensable, for the executive, students, policy makers, the media and all others interested in this exceedingly important topic. Dr Van Krieken is actively involved in European migration, refugee and asylum policy issues under CIREA, Phare assessment missions and related Twinning, Odysseus and Horizontal Programmes

'As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.' - Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands 'Globalization pushes the boundaries of markets. Alongside the greater ''goods'' of transnational economic activity come the ''bads'' of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority - the superstates of a brave new world - but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.' - Samuel Issacharoff, New York University, School of Law, US This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-a-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement - under international law and through national courts - and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy makers and law makers. Contributors: E. Benvenisti, F. Cafaggi, F. Casarosa, S. Cassese, E. D'Alterio, K.E. Davis, M. De Bellis, G.W. Downs, C. Estlund, F. Francioni, G.P. Miller, E.-U. Petersmann, C. Scott, R. Stewart, P. Verbruggen

This book aims to honour the work of Professor Mirjan Dama ka, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Dama ka 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Dama ka's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Dama ka 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.

This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19

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."

This volume contains articles examining freedom of information statutes, including those protecting government employees who expose official misconduct. Using United States laws as examples, the articles explore the relationship of these laws to administrative and constitutional theory in the United States. In addition, they demonstrate how varying conceptions of information illuminate the controversies in the application of these laws to the revolution in the electronic storage and retrieval of information. The articles allow the reader to speculate how the connection of these laws to liberal democratic theory explains their recent adoption in several countries and their international application.

This is an increasingly timely book, focusing on issues arising from the impact of COVID-19 on the health care law of the Central and East European countries. It deals with dualism and system of health care law, depicts legal personality in the field of health care, examines property rights and turnover of human tissues, considers moral rights in this field, intellectual ownership in the field of medicine and pharmacy, contracts on health care and contracts on rendering medical services, the legal relationships of transplantology, post-mortem reproduction and donorship, features of family personal property rights in the field of health care, problems of legal regulation of medical workers labour, investigates private legal relationships of surrogate motherhood with foreign element. Special attention is given to the alternative resolution of health care disputes and impact of pandemic on the effective health rights protection. The book is intended for wide auditoria of scholars and practitioners, who engaged in health care rights protection, as well as judges and practicing lawyers, graduate and undergraduate students.

This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.

How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).

This book deals with banking integrations, which are now becoming crucial not only because of the increased number of economic integrations, but also in view of the qualitative improvement of such banking integrations. It compares the European Union (EU), as the most successful union, which was able to move from a common financial market to the prime example of banking integration; the Banking Union; and the Eurasian Economic Union (EAEU) as a relatively young one but with several of the prerequisites for becoming an influential union, and which was established by five countries - the Russian Federation, Kazakhstan, Belarus, Armenia, and the Kyrgyz Republic - in 2015. The key research question is whether the single market in banking services or a banking union is an achievable goal or merely a utopia. In this regard, the book reveals the bottlenecks and obstacles that the EU and EAEU policymakers faced during the difficult process of establishing a single market and banking union. However, along with the problems of banking integration, it identifies many peculiarities of the harmonization of banking legislation among the EU Member States. Recognizing and acknowledging these peculiarities can be very beneficial for young unions and help to guide their integration processes. In particular, the book concludes that evolutionary (not revolutionary) harmonization is required in order for the EAEU to become a full-fledged union.

The increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation. Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. Walker