Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic. In the eyes of many, the primary purpose of IHL is to impose restrictions on the actions of parties in armed conflicts, in order to protect victims. But IHL is also increasingly cited as an authority in permitting conduct that would be deemed unlawful in peacetime, for instance some cases of internment or targeting of persons. Considering both international and non-international armed conflicts, Quintin carefully and astutely peels away the layers of this debate, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act. Utilising a scientific methodology to offer concrete and realistic outcomes, whilst couching differing interpretations of IHL in wider debates surrounding the nature of international law, this book will be of interest to all academics, practitioners and policy-makers in the field of international humanitarian law. Its analysis of how people are effectively protected during an armed conflict will also be beneficial for the wider humanitarian community.

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Law comes into its own - identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society. This fifth edition reflects significant changes since 2019, such as new laws in California and other jurisdictions, new EU Standard Contractual Clauses, data residency requirements, machine learning, data monetization trends, cloud adoption and the Internet of Things. Readers will benefit from an introduction to key data privacy concepts and useful practical guidance on starting, maintaining and auditing compliance programs. Step-by-step direction on drafting privacy documentation is provided, with 'how-to' suggestions for tasks and projects. Finally, the book offers an A-Z list of hot topics, organized by commonly used buzz words, as well as a rich index and checklists. This guide should be on the desk and in the briefcase of every compliance officer and corporate counsel. New to this Edition: Practical tips on deploying the new EU Standard Contractual Clauses Guidance on data maps, gap assessments, audit controls, and privacy-tech tools Updated discussion and comparison of pros and cons of cross-border transfer compliance mechanisms New guidance based on GDPR enforcement, the California Consumer Privacy Act, the CLOUD Act and other new laws Practical considerations regarding dark patterns, anonymization, COVID-19 related challenges, "Schrems 2 assessments," arbitration clauses, competition laws and data sharing. Key Features: Clear structure facilitates quick reference A-Z of data privacy provides snapshot of key topics Direction on geographical and topical prioritization Practical guide to starting, maintaining and auditing privacy compliance programs Glossaries of key acronyms and terms help navigation through the field Concise overview of practical requirements of data privacy law compliance worldwide Advice on drafting documentation and tools to complete an end-to-end process, including sample documentation and checklists.

This fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity. Providing US, Japanese and European perspectives, this Research Handbook presents an overview of legal regimes concerning the protection of information, with a particular focus on trade secrecy protection. Top international contributors offer analyses of general principles of information law, rights in data, the tension between trade secrecy and the freedom of information and the cross-fertilisation between national and regional data protection regimes. Presenting an interdisciplinary and holistic approach to information law and governance, this innovative Research Handbook will be useful to those researching trade secrets, privacy and data security laws. The broad range of perspectives will also appeal to attorneys and information professionals who are engaged in information governance activities on behalf of their clients or employers.

This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies'AEo soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA'AEos existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the 'AEohard'AEo effect of these soft laws. Built on a combination of theoretical analysis and first-hand practical experience, Marloes van Rijsbergen tests the framework for each category of ESMA'AEos soft law instruments at each stage of the policy cycle, demonstrating that the framework can be applied to other EU agencies with similar soft law-making powers. This unique framework assesses which procedural and institutional safeguards regarding EU agencies' soft law would reflect an adequate balancing of both legitimacy and effectiveness concerns. Comprehensive yet accessible, this book will be a key resource for students and scholars of EU financial law, constitutional law, public administration and governance. Providing an evaluation of the legal nature of ESMA'AEos soft law acts in the context of the financial sector, it will also prove valuable for practitioners, compliance officers and parties establishing other EU agencies.

This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area. Closing the gap between empirical interview data, and case law analysis, chapters use a unique combination of the two research methods to consider two current, and one former, EU Member States. The book demonstrates that judges extensively use the procedure and follow its outcome almost without exception, despite dissatisfaction and criticism regarding the absence of a true dialogue. By embedding the examples in the book in appropriate theory, this study will provide a useful read for students of EU law, particularly those wanting to better understand its consequences in the national legal order. Its recommendations for good practices in the ECJ and national courts will also be helpful to legal practitioners, judges and legal secretaries.

Governments have always endured economic woes, but the increasing severity of such challenges, from the Great Recession starting in 2008 to the unprecedented impact of the COVID-19 pandemic, highlights the need for better-developed fiscal analysis capacity in governments of all sizes using the most practical-yet robust-techniques available. This volume presents an array of real-world analytical approaches in a variety of service areas at the core of state and local government. The concrete insights provided by this book serve as important tools for policy analysts, government officials charged with policy implementation, and public finance scholars across developing and developed countries looking for the essential, high-level analytical skills needed to expand internal capacity to weather uncertain economic environments. The book bridges the research-practice gap and provides practical tools for state and local fiscal analysis, including a detailed how-to guide for producing local tax expenditure reports, an age-based homestead exemption estimate calculator with guide, and simple methods for fuzzy matching administrative data. It is backed up with a depth and breadth of case studies on governments of a variety of sizes. Public officials and analysts in local state/regional institutions and international institutions with a public policy focus as well as public finance scholars across developing and developed countries will find invaluable the analyses and tools provided by this book. It also serves as a key resource for students, researchers, and instructors across public policy.

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Presenting a concise, yet wide-ranging and contemporary overview of the field, this Advanced Introduction to Privacy Law focuses on how we arrived at our privacy laws, and how the law can deal with new and emerging challenges from digital technologies, social networks and public health crises. This illuminating and interdisciplinary book demonstrates how the history of privacy law has been one of constant adaptation to emerging challenges, illustrating the primacy of the right to privacy amidst a changing social and cultural landscape. Key features include: Incisive analysis of the meaning and value of privacy and the ways in which legal, social and economic institutions respond to our understanding of privacy in contemporary society A uniquely concise, contextual approach to privacy law, examining privacy as a constantly evolving social phenomenon and the legal implications of its mutability Historical and comparative insights into privacy and data protection laws across the common law world. This richly detailed book is an informative and thought-provoking resource for students, academics and practitioners of privacy and data protection law. Its interdisciplinary insights will also appeal to those working in legal history, media and cultural studies, economics and political science.

Based on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda. Offering an authoritative analysis of Hindu and Buddhist traditions, Surya P. Subedi, KC, focuses on the norms underpinning these two seminal Eastern philosophies to assess the extent to which the ancient civilisations already have human rights values embedded in them. Chapters explore the expression of values in the scriptures and practices of these philosophies, assessing their influence on the contemporary understanding of human rights. Rejecting the argument based on ''Asian Values'' that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions. The unique perspective offered by Human Rights in Eastern Civilisations will appeal to students, academics and researchers in a wide range of disciplines, including human rights, international law and relations, and religious studies.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace. Key Features: Analysis of new efforts to regulate nuclear weapons Extended coverage of peacekeeping and analysis of war crimes Updated coverage of recent state practice and academic literature New analysis of recent and on-going conflicts, in particular Syria and Ukraine With updated analysis of peacekeeping, the law surrounding nuclear weapons, war crimes and extensive coverage of conflicts in Syria and Ukraine, this thoroughly revised second edition is an essential text for academics, researchers and students interested in international law and world peace.

This timely book explores how the internet and social media have permanently altered the media landscape, enabling new actors to enter the marketplace and changing the way that news is generated, published and consumed. It examines the importance of citizen journalists, whose newsgathering and publication activities have made them crucial to public discourse and central actors in the communication revolution. Investigating how the internet and social media have enabled citizen journalism to flourish, and what this means for the traditional institutional press, the public sphere, and media freedom, the book demonstrates how communication and legal theory are applied in practice. Peter Coe advances a concept of 'media as a constitutional component', which distinguishes media from non-media actors based on the functions they perform, rather than institutional status, and uses this to provide a conceptual framework that recognises modern newsgathering and publication methods. This interdisciplinary book analyses the legal challenges created across a range of topical issues, including online anonymity and pseudonymity, defamation, privacy and public interest, contempt of court and press regulation. Media Freedom in the Age of Citizen Journalism will be a key resource for students, scholars, practitioners and policy-makers of information and media law, constitutional administrative law, communication and media studies, journalism and philosophy.

This insightful book thoroughly examines how the EU's return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals. Set against the background of the classic doctrine on the 'autonomy of EU law' and the EU's objective to 'develop international law', Tamas Molnar depicts a legally sound and elaborate picture of the EU's return acquis vis-a-vis international law, both internally and externally. From the perspective of the EU legal order, it offers important insights into this field from both a constitutional perspective and from the point of view of the substantive area of migration law. Chapters provide in-depth analysis of the EU's return-related legislative developments reflecting international law and the expanding return-related jurisprudence of the EU Court of Justice. Bridging the gap between EU and international law, which both have unique characteristics and are often studied in different spheres, this book will appeal to academics and practising lawyers dealing with the expulsion of migrants in irregular situations. It will also be a useful read for law scholars, practitioners and postgraduate students who wish to further their understanding of the interactions between these two legal orders.

This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union. Featuring expert contributions from scholars both within and outside the discipline of law, the Research Handbook focuses on contemporary challenges facing the EU, such as Brexit, the erosion of rights and issues of constitutional choice for the citizens and governments of Europe, and highlights the reality of incomplete implementation of EU law and the role of the Court of Justice of the EU. A wide range of topics are discussed, featuring, but not limited to, differentiation, EU citizenship and nationality, the European Pillar of Social Rights, academic freedom and restrictions in free movement of persons. The book also applies a forward thinking approach by examining the promise of EU citizenship and the institutional reforms one might envisage in the future. Offering a thought-provoking contribution to ongoing debates and studies in the fields of EU citizenship, European internal market law and policy and European integration, this Research Handbook will be key reading for researchers, academics and postgraduate students in the fields of law, political science, EU studies, and sociology.

This timely book presents international and interdisciplinary perspectives on the dynamics, trajectories and consequences of Brexit. Focusing on the interaction of legal and economic issues, it evaluates the relevance of non-economic expectations and 'red lines' involved in the process of the UK's exit from the EU. Contributors employ a range of methodological approaches, from game theory to the study of populism, to address the viability of WTO rules as an alternative to the EU's internal market, future financial market regulation and commercial dispute settlement after Brexit. Chapters measure the trade-off between British autonomy and potential gains from trade, assessing how the UK may interact with the European Court of Justice and EU law. Incorporating insights from economics as well as European and international law, this thought-provoking book looks to the future of the UK and how it will contend with capital markets, adjudication of commercial law and pitfalls in the withdrawal agreement. Featuring law and economics viewpoints from renowned international scholars, this book will be indispensable reading for academic lawyers, economists and political scientists, particularly those with an interest in EU law and the implications of Brexit. It will also be useful to politicians, civil servants and legal practitioners in need of a measured response to the UK withdrawal agreement and the imminent outcomes of Brexit.

Immigration Law in South Africa outlines the existing law applicable to foreigners as reflected in the Immigration Act, the Citizenship Act, the Domicile Act and the Extradition Act as at 31 July 2017. The book also draws attention to the policy shifts by the South African government in the White Paper on International Migration, the Border Management Act, and the Discussion Paper on the repositioning of the Department of Home Affairs within the security cluster. Immigration Law in South Africa comprises three parts. Part One contextualises migration at an international level and within South Africa. This part discusses the concept of migration in the context of South Africa and on the international stage and how the human rights perspective has developed the notion of migration in South Africa. Part Two examines South African immigration law specifically - whom the state allows to enter and leave, who is considered undesirable or prohibited, permanent residence, and the various types of short-term visas that are offered to foreigners. Part Three considers the penalties that South Africa can impose on foreigners who violate the immigration laws of South Africa: the deportation, detention and extradition laws relating to immigrants in South Africa are examined.

The "superb" (The Guardian) biography of an American who stood against all the forces of Gilded Age America to fight for civil rights and economic freedom: Supreme Court Justice John Marshall Harlan. They say that history is written by the victors. But not in the case of the most famous dissenter on the Supreme Court. Almost a century after his death, John Marshall Harlan's words helped end segregation and gave us our civil rights and our modern economic freedom. But his legacy would not have been possible without the courage of Robert Harlan, a slave who John's father raised like a son in the same household. After the Civil War, Robert emerges as a political leader. With Black people holding power in the Republican Party, it is Robert who helps John land his appointment to the Supreme Court. At first, John is awed by his fellow justices, but the country is changing. Northern whites are prepared to take away black rights to appease the South. Giant trusts are monopolizing entire industries. Against this onslaught, the Supreme Court seemed all too willing to strip away civil rights and invalidate labor protections. So as case after case comes before the court, challenging his core values, John makes a fateful decision: He breaks with his colleagues in fundamental ways, becoming the nation's prime defender of the rights of Black people, immigrant laborers, and people in distant lands occupied by the US. Harlan's dissents, particularly in Plessy v. Ferguson, were widely read and a source of hope for decades. Thurgood Marshall called Harlan's Plessy dissent his "Bible"--and his legal roadmap to overturning segregation. In the end, Harlan's words built the foundations for the legal revolutions of the New Deal and Civil Rights eras. Spanning from the Civil War to the Civil Rights movement and beyond, The Great Dissenter is a "magnificent" (Douglas Brinkley) and "thoroughly researched" (The New York Times) rendering of the American legal system's most significant failures and most inspiring successes.

As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the global political agenda. The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration as advocates around the globe increasingly turn to law to address the challenges of new migration politics. Presenting a fresh mapping of current issues in the field, it focusses on institutions of migration and analyses the securitization of migration management and the strengths and weaknesses of the Global Compact for Safe, Orderly and Regular Migration. Written by leading scholars specialising in a range of disciplines, the Research Handbook on the Law and Politics of Migration will be an illuminating read for academics and students of migration studies with backgrounds in law, politics, criminology, sociology, history, geography and beyond.

This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy makers in need of novel methodologies for promoting equality.

Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power. Chapters investigate the complex relationship and potential relationships between crowdsourcing, democratic constitutionalism and the network society, exploring the strengths and weaknesses of crowdsourcing in this area. This thought-provoking book concludes that constitutionalism is further strengthened because the democratic legitimacy of the constitutional text is reinforced via this mechanism. Antoni Abat i Ninet conceives constitutional crowdsourcing as an epistemic response, an opportunity to place the people at the heart of constitutionalism in the new digital era. Engaging and accessible, Constitutional Crowdsourcing will be of benefit to students and scholars of legal theory, constitutional and administrative law, political science and constitutions. Its forward-looking aspect will also appeal to public officers seeking a better understanding of the potential impact of constitutional crowdfunding.