Substate nationalism, especially in the past fifteen years, has noticeably affected the political and territorial stability of many countries, both democratic and democratizing. Norms exist to limit the behavior of collective agents in relation to individuals; the set of universally accepted human rights provides a basic framework. There is a lacuna in international law, however, in the regulation of the behavior of groups toward other groups, with the exception of relations among states. The book offers a normative approach to moderate minority nationalism that treats minorities and majorities in multinational states justly and argues for the differentiation of group rights based on how group agents are constituted. It argues that group agency requires a shared set of beliefs concerning membership and the social ontology it offers ensures that group rights can be aligned with individual rights. It formulates a set of principles that, if adopted, would aid conflict resolution in multinational states. The book pays special attention to national self-determination in transitional societies. The book is intended for everyone in political philosophy and political science interested in global justice and international law and legal practitioners interested in normative issues and group rights

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.

African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa's multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.

Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.

This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument," that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.

The aim of this book is to present the conditions under which the positive role of supervision over courts and judges can be performed, and to shed light on what conditions have to be fulfilled in order to achieve the goal of creating an impartial and professional judiciary system. The analysis has normative and sociological nature, and is presented from various points of view, including international and national legal systems such as Austria, Denmark, Germany, Poland, Slovakia and Sweden. The research has come to the conclusion that administrative supervision may be used as a feasible instrument for making the courts' activity more effective. It can improve the organization of the courts' adjudication and may lead to an increase in the quality of jurisprudence.

What effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements. From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone's lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement. Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation? Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.

Juvenile Justice Systems outlines options for shaping the juvenile liability models, in the form of model-patterns: the welfare model, the justice model, the rehabilitative treatment model, the restorative justice model, and different mixed models, especially the so-called "4xD formula." This comparative work consists of 4 parts, describing the general issues of juvenile criminal liability and characterizing three mixed models: the Polish, the Brazilian and the Portuguese. The comparison of three systems severely influenced by welfare ideas is seen as an innovative element of the presented work. The critical, theoretical analysis contributes to the reflection on the modelling of juvenile justice systems. Therefore, it may be of particular interest to legal researchers and practitioners.

Gives the reader a wider understanding of the role judges play within the criminal justice system. Will be of interest for criminal justice and legal scholars and criminal justice and law students at both the undergraduate and graduate level on criminal justice/criminology and law degree programs. As the book contains interviews with judges from across the globe, it will have an international appeal.

Gives the reader a wider understanding of the role judges play within the criminal justice system. Will be of interest for criminal justice and legal scholars and criminal justice and law students at both the undergraduate and graduate level on criminal justice/criminology and law degree programs. As the book contains interviews with judges from across the globe, it will have an international appeal.

This book provides a legal historical insight into colonial laws on enslavement and the plantation system in the British West Indies. The volume is a work of comparative legal history of the English-speaking Caribbean which concentrates on how the laws of England served to catalyse the slavery laws and also legislation pertaining to post-emancipation societies. The book illustrates how these "borrowed" laws from England not only developed colonial slavery laws within the English-speaking Caribbean but also inspired the slavery codes of a number of North American plantation systems. The cusp of the work focuses on the interconnectivities among the English-speaking slave holding Atlantic and how persons, free and unfree, moved throughout the system and brought laws with them which greatly affected the various enslaved societies. The book will be essential reading for students and researchers interested in colonial slavery, Caribbean studies and Black and Atlantic history.

This book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law. Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often said that global problems require coordinated global solutions, but the various responses to the pandemic by states suggest a notable lack of a consensus amongst the international community. The book will be of interest to academics and researchers working in the areas of human rights law and security law. It will also appeal to constitutional lawyers, given the nature of law-making and the challenge of ensuring adequate scrutiny in emergency situations as well as the impact of COVID-19 upon the legal framework more generally. It will provide a valuable resource for policymakers, practitioners, and public servants.

This book presents an exploration of a wide range of issues in law, regulation and legal rights in the sectors of information protection, the creative economy and business activities following COVID-19. The debilitative effect of the global pandemic on information protection and creative and business activities is powerful, widespread and deeply influential, bringing a range of uncertainties to these sectors. The effects of the crisis challenge the fundamentals of the legal systems of most countries in their attempt to govern them. Written by international academics from a diversified background of law disciplines and legal systems, this book offers a global vision in exploring the wide range of legal issues caused by the COVID-19 crisis in these fields. The book is organised into three clear thematic parts: Part I looks at information protection and intellectual property rights and strategies; Part II examines contracts, cooperation and mediation in the post-COVID-19 market arena; and Part III discusses issues pertaining to corporate governance and employment rights. The book explores the unprecedented challenges posed by the pandemic crisis from a global perspective. It will provide invaluable information and guidance in this area to those in the fields of law, politics and economics whose interests are related to information, business and the creative industry, as well as providing indispensable reading to business practitioners and public servants.

This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names 'democratic egalitarian multilateralism' is founded on: the idea of 'egalitarian law' by Suhrawardi, the account of 'substantial motion' by Mulla Sadra, and the ideal of 'intercultural dialectical democracy' developed by Rumi. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that 'democratic egalitarian multilateralism' could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.

Originally published in 1968, we were witnessing a new - and welcome - emphasis on Comparative Law, both in the Universities and even the practising profession, together with a quickened interest in the law of family relations. This volume provided a wealth of information for anyone wishing to study these relations in a widely comparative context. The chapters cover not only the basic law of marriage and divorce in a number of developing countries both in Asia and Africa, but also discuss in considerable detail the ways in which matrimonial property is regulated under different systems. This was a highly topical subject at the time, when our own law of matrimonial property was under criticism and active reconsideration. The book also treats such subjects as the eclipse of the patriarchal family in contemporary Islamic law, religious law and the modern family in Israel, the juristic basis and context of Parsi family law, and contemporary family law in Southern Africa.

This book focuses on the right to privacy in the digital age with a view to see how it is implemented across the globe in different jurisdictions. The right to privacy is one of the rights enshrined in international human rights law. It has been a topic of interest for both academic and non-academic audiences around the world. However, with the increasing digitalisation of modern life, protecting one's privacy has become more complicated. Both state and non-state organisations make frequent interventions in citizens' private lives. This edited volume aims to provide an overview of recent development pertaining to the protection of the right to privacy in the different judicial systems such as the European, South Asian, African and Inter-American legal systems. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

The emergence of new and substantial human migration flows is one of the most important consequences of globalisation. While ascribable to widely differing social and economic causes, from the forced migration of refugees to upper-middle-class migration projects and the movement of highly skilled workers, what they have in common is the effect of contributing to a substantial global redefinition in terms of both identity and politics. This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades. The focus is on the multifaceted concept of 'border' as representing a useful stratagem for dealing with a topic like migration that requires analysis from several perspectives. The authors discuss the various factors and issues which must be understood in all their complexity so that they can be governed by all social stakeholders, free of manipulation and false consciousness. They bring an interdisciplinary and comparative perspective to the social phenomena such as human trafficking, unaccompanied foreign minors, or ethnic-based niches in the job market. The book will be a valuable guide for academics, students and policy-makers.

This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.

This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular. The book will be of interest to students, academics and policy makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.

The papers published in this proceedings volume are written by a selection of authors, resulting from a call for papers for the 1st International Conference on Law and Governance in a Global Context (ICLAVE) originating from Indonesia and other countries. This proceedings volume shall be a very valuable contribution to understand contemporary law issues in Indonesia which are not always taught in law schools. These proceedings will not only serve as a useful reference for law students and academicians, but also help law practitioners to understand law issues that may be encountered in Indonesia. It covers selected items such as Administrative Law, Constitutional Law, Business Law, Intellectual Property Law, Criminal Law, Human Rights Law, Adat Law, Shariah Law, Judiciary Law and International Law, which are all important for undergraduate and post-graduate law students, as well as academicians and law practitioners in the law community.

In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control pertains to the establishment of an ex-ante review regime of FDI in the host state in sectors that are considered as 'sensitive' or 'strategic', with an aim to mitigate the security-related implications. This book conducts a systematic and up-to-date comparative study of the national security review regimes of China, the US, and the EU, using Germany as an exampling Member State. It answers a central research question of how domestic law should be formulated to adequately protect national security of the host state whilst posing minimum negative impacts to the free flow of cross-border investment. In addition to analyzing the latest development of the national security review regimes in aforementioned jurisdictions and identifying their commonalities and disparities, this book establishes a normative framework regarding the design of a national security review regime in general and proposes specific legislative recommendations to further clarify the law. This book will be of interest to scholars in the field of international and comparative investment law, investors who seek better compliance programs in the host state, and policymakers who aim for high-quality regulation on foreign investment.

This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.

Examining local content law and policy in the oil and gas industry, this book uses Nigeria as a primary case study, comparing its approach to countries such as Brazil and Norway which have also adopted local content laws in relation to their gas and oil industries. In considering various aspects of local content law and policy as they apply to the oil and gas industry, the book examines the factors behind the formulation of local content policies by petroleum producing states, and the various strategies they have employed to implement them. It analyses arguments against local content requirements from the perspective of international trade and investment law, and from liberal market economic theorists, who argue against its overall usefulness. The book highlights salient aspects of the oil and gas industry such as regulation, national oil companies, treatment of minorities, and policy formulation and implementation.

This book invites newcomers to analytical legal philosophy to reconsider the terms in which they are accustomed to describing and defending their jurisprudential allegiances. It argues that familiar taxonomic labels such as legal positivism, natural law theory and legal interpretivism are poor guides to the actual diversity of views on the nature and normativity of law, mainly because they fail to carve up the reality of jurisprudential disagreement at its joints. These joints, the author suggests, are elusive because the semantics of law systematically misplaces them. Their true nature resides in the metaontological and metanormative features that dictate or indicate the target of a theory's jurisprudential commitments. The book advocates a new vocabulary for articulating these commitments without eliminating the use of familiar criteria of division among competing theories of law. The resulting picture is a much broader platform of meaningful disagreement about the nature and grounds of legal truth and legal normativity. Albeit based on a factualist-cognitivist understanding of the sources and grounds of law, the book reserves ample room for the unconvinced. Those suspicious of the project of "ontologising" theoretical disagreements in law can avail themselves of the quietist or anti-metaphysical avenue that the book's alternative taxonomy also makes available. The humblest path to law's reality may not be metaphysically ambitious after all.