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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law

Citizenship and Constitutional Law (Hardcover): Jo Shaw Citizenship and Constitutional Law (Hardcover)
Jo Shaw
R9,705 Discovery Miles 97 050 Ships in 12 - 17 working days

The papers collected in this volume highlight the complex dynamic relationship between citizenship - as membership status - and the constitutional law which provides the cornerstone of all polities. It shows the many different ways in which we must use constitutional law in order fully to understand how one becomes a citizen, and what the meaning of citizenship is. Edited by a leading authority in the field, this volume contains the key works which cover national, transnational and international aspects of the topic, and the book provides a particular focus on how constitutional law constructs and upholds the range of citizenship rights. With an original introduction by the editor, this timely collection will be a valuable source of reference for students, academics and practitioners interested in citizenship and constitutional law.

Policing Transnational Crime - Law Enforcement of Criminal Flows (Paperback): Saskia Hufnagel, Anton Moiseienko Policing Transnational Crime - Law Enforcement of Criminal Flows (Paperback)
Saskia Hufnagel, Anton Moiseienko
R1,236 Discovery Miles 12 360 Ships in 12 - 17 working days

As the threats posed by organised crime and terrorism persist, law enforcement authorities remain under pressure to suppress the movement, or flows, of people and objects that are deemed dangerous. This collection provides a broad overview of the challenges and trends of the policing of flows. How these threats are constructed and addressed by governments and law enforcement agencies is the unifying thread of the book. The concept of flows is interpreted broadly so as to include the trafficking of illicit substances, trade in antiquities, and legal and illegal migration, including cross-border travel by members of organised crime groups or 'foreign fighters'. The book focuses especially on the responses of governments and law enforcement agencies to the changing nature and intensity of flows. The contributors comprise a mix of lawyers, sociologists, historians and criminologists who address both formal legal and practical, on-the-ground approaches to the policing of flows. The volume invites reflection on whether the existing tool kit of governments and law enforcement agencies is adequate in this changing environment and how it could be modernised, for example, by increased reliance on technology or by reappraising the role of the private sector. As such, the book will be useful not only for academics and practitioners who work on security-related matters, but also more generally to those who are interested in what the near-term future of policing is likely to look like and how the balance between law enforcement on the one hand and human rights and civil liberties on the other can be achieved.

Environmental Constitutionalism in the Anthropocene - Values, Principles and Actions (Hardcover): Domenico Amirante, Silvia... Environmental Constitutionalism in the Anthropocene - Values, Principles and Actions (Hardcover)
Domenico Amirante, Silvia Bagni
R4,070 Discovery Miles 40 700 Ships in 12 - 17 working days

This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as Culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of law, environmental studies and anthropology.

Work and the Carceral State (Hardcover): Jon Burnett Work and the Carceral State (Hardcover)
Jon Burnett
R2,052 Discovery Miles 20 520 Ships in 12 - 17 working days

'Revolutionises our understanding of the carceral state' - Fidelis Chebe, Director of Migrant Action During 2019-20 in England and Wales, over 17 million hours of labour were carried out by more than 12,500 people incarcerated in prisons, while many people in immigration removal centres also worked. In many cases, such workers constitute a sub-waged, captive workforce who are discarded by the state when done with. Work and the Carceral State examines these forms of work as part of a broader exploration of the relationship between criminalisation, criminal justice, immigration policy and labour, tracing their lineage through the histories of transportation and banishment, of houses of correction and prisons, to the contemporary production of work. Criminalisation has been used to enforce work and to discipline labour throughout the history of England and Wales. This book demands that we recognise the carceral state as operating at the frontier of labour control in the 21st century.

The Right to Political Participation - A Study of the Judgments of the European and Inter-American Courts of Human Rights... The Right to Political Participation - A Study of the Judgments of the European and Inter-American Courts of Human Rights (Hardcover)
Gabriella Citroni, Irene Spigno, Palmina Tanzarella
R3,947 Discovery Miles 39 470 Ships in 12 - 17 working days

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.

Reproduction and the Constitution in the United States (Hardcover): Mary Ziegler Reproduction and the Constitution in the United States (Hardcover)
Mary Ziegler
R4,058 Discovery Miles 40 580 Ships in 12 - 17 working days

- Contains primary source documents - Will engage students on both side of the pro-life and pro-choice debate - Synthesizes a huge body of research in an easily digestible way for students

Impeach - The Case Against Donald Trump (Paperback): Neal Katyal, Sam Koppelman Impeach - The Case Against Donald Trump (Paperback)
Neal Katyal, Sam Koppelman 1
R383 R315 Discovery Miles 3 150 Save R68 (18%) Ships in 10 - 15 working days
Technology, Sovereignty and International Law (Hardcover): Francis Lyall Technology, Sovereignty and International Law (Hardcover)
Francis Lyall
R4,064 Discovery Miles 40 640 Ships in 12 - 17 working days

The dogma of the sovereignty of the state, deriving from the Peace of Westphalia, underpins much of the modern-day international system. However, developments in recent technology have led this ideology to depart from reality. Viewing state sovereignty through the prism of public international law, the book will begin with an overview of the settlement of Westphalia, how it has influenced international documents ever since, and how the advantages of centralised decisions came to be perceived. By surveying the Law of the Sea, Maritime Law, Air and Aviation, Telecommunications, Postal Services, Space Law and Mensuration, the book demonstrates how, in each, the interplay between state sovereignty and developing technologies have caused significant legal change. Some changes, Lyall argues, such as international measures of time and geography, have been born out of convenience, facilitated by technology developed for the purpose. Other areas of change developed out of a desire to reconcile conflicts or harmonise necessary state regulation. The book analyses the reasons behind these changes and discusses the ongoing attempts to balance state equality, measures adopted by new institutions to secure comprehensive representation. It ends by looking to the future of state sovereignty in an increasingly globalised world. The book is of use to any student or scholar interested in policy making, international law and international affairs, both legal and scientific, as well as those looking at legal administrative issues and government officiation.

Protecting Minority Rights in African Countries - A Constitutional Political Economy Approach (Hardcover): John M. Mbaku Protecting Minority Rights in African Countries - A Constitutional Political Economy Approach (Hardcover)
John M. Mbaku
R3,663 Discovery Miles 36 630 Ships in 12 - 17 working days

In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens ? including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa?s struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.

Political Brands (Hardcover): Ciara Torres-Spelliscy Political Brands (Hardcover)
Ciara Torres-Spelliscy
R3,445 Discovery Miles 34 450 Ships in 12 - 17 working days

From 'I Like Ike' to MAGA hats, branding and politics have gone hand in hand, selling ideas, ideals and candidates. Political Brands is a unique exploration of the legal framework for the use of commercial branding and advertising techniques in presidential political campaigns, as well as the impact of politics on commercial brands. As American federal courts have narrowed the definition of corruption and struck down laws that make lying illegal, branding techniques have been exploited for pernicious purposes. This interdisciplinary book also considers how Donald Trump won the election and used his branding talents to his advantage as both candidate and president. Examining how branding and the power of commercial boycotts can be used by citizens to change public policy, from Civil Rights activists in the 1960's to survivors of the 2018 Parkland massacre, this thought-provoking book navigates the branded American landscape. Containing unique coverage of campaign finance issues, this book will be of great interest to academics working in law, government and political science, with the exploration of the myriad of advertising techniques also making this a key resource for media law and business professors.

Law, State and Religion in Bosnia and Herzegovina (Hardcover): Nedim Begovic, Emir Kovacevic Law, State and Religion in Bosnia and Herzegovina (Hardcover)
Nedim Begovic, Emir Kovacevic
R3,910 Discovery Miles 39 100 Ships in 12 - 17 working days

This book explores relations between state, religion and law in Bosnia and Herzegovina. Historically, multi-religiousness has been a constant feature of the Bosnian polity, from its creation in 12th century until modern times. Since the middle of the 19th Century, Catholics have tended to self-identify as Croats, Orthodox Christians as Serbs, and Muslims as Bosniaks. Moreover, in a region that has undergone significant recent transformation, from the communist to the liberal political system, Bosnia and Herzegovina represents a very interesting case for the study of the relationship between state and religion. This book includes a short overview of historical aspects of these relations and a detailed analysis of the existing constitutional and legal framework on freedom of religion and relations between the state and religious communities. It assesses the actual implementation in practice, including the relevant national courts' case-law. The work covers both the developments of new legal standards, while also identifying the main obstacles in their implementation. At a time when the region is again the subject of much interest, this book will be essential reading for those working in the areas of Law and Religion, Constitutional Law and Transitional Justice.

Migration Law and the Externalization of Border Controls - European State Responsibility (Paperback): Anna Liguori Migration Law and the Externalization of Border Controls - European State Responsibility (Paperback)
Anna Liguori
R634 Discovery Miles 6 340 Ships in 12 - 17 working days

Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.

Constitutional Comparison: Japan, Germany, Canada, South Africa as Constitutional States (Paperback): F. Venter Constitutional Comparison: Japan, Germany, Canada, South Africa as Constitutional States (Paperback)
F. Venter
R1,425 R1,200 Discovery Miles 12 000 Save R225 (16%) Ships in 4 - 8 working days

In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without a knowledge of foreign systems. Although a wealth of literature is available, the constitutionalist faces a formidable problem: which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the issues of comparability and appropriate comparative methodology.

Shareholder Activism and the Law - The Future of US Corporate Governance (Paperback): Ekrem Solak Shareholder Activism and the Law - The Future of US Corporate Governance (Paperback)
Ekrem Solak
R1,267 Discovery Miles 12 670 Ships in 12 - 17 working days

This book provides a complete framework for contemporary shareholder activism and its implications for US corporate governance, which is based on director primacy theory. Under director primacy theory, shareholders do not wish to be involved in the management of the company; in the rare event that they wish to be involved, it is considered a transfer of power from the board of directors to shareholders, which in turn reduces the efficiency of centralised decision-making in public companies. However, this book demonstrates that shareholders do not use their power to transfer corporate control from the board to themselves, and that some form of shareholder activism is even collaborative, which is a new paradigm for US corporate governance. This book shows that while monitoring remains a key contribution of shareholders, they also bring new informational inputs to corporate decision-making that could not be obtained under the traditional board model. Accordingly, contemporary shareholder activism enhances the board's decision-making and monitoring capacity, without undermining the economic value of the board's authority. Therefore, this book argues that the complete approach of contemporary shareholder activism should be accommodated into US corporate governance. In doing so, this book considers not only legal and regulatory developments in the wake of the 2007-2008 financial crisis, but also the governance developments through by-law amendments. Furthermore, the author makes several recommendations to soften the current director primacy model: establishing a level playing field for private ordering, adopting the proxy access default regime, the majority voting rule, the universal proxy rules, and enhancing the disclosure requirements of shareholders. The book will be of interest to academics and students of corporate governance, both in the US and internationally.

Judicial Law-Making in European Constitutional Courts (Paperback): Monika Florczak-Wator Judicial Law-Making in European Constitutional Courts (Paperback)
Monika Florczak-Wator
R1,231 Discovery Miles 12 310 Ships in 12 - 17 working days

This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central-East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.

Defendants and Victims in International Criminal Justice - Ensuring and Balancing Their Rights (Paperback): JoAnna Nicholson,... Defendants and Victims in International Criminal Justice - Ensuring and Balancing Their Rights (Paperback)
JoAnna Nicholson, Juan Perez-Leon-Acevedo
R1,239 Discovery Miles 12 390 Ships in 12 - 17 working days

This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.

Hate Speech and Human Rights in Eastern Europe - Legislating for Divergent Values (Paperback): Viera Pejchal Hate Speech and Human Rights in Eastern Europe - Legislating for Divergent Values (Paperback)
Viera Pejchal
R1,253 Discovery Miles 12 530 Ships in 12 - 17 working days

Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests. The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development. After a period of an absence of free speech during communism, post-communist democracies have sought to build a framework for the exercise of free speech while protecting public goods such as liberty, equality and human dignity. The three-prong theory is applied to identify public goods and values underlining the regulation of hate speech in the Czech Republic and Slovakia, two countries that share a political, sociological, and legal history, as an example of the differing approaches to hate speech regulation in post-communist societies due to divergent social values, despite identical legal frameworks. This book will be of great interest to scholars of human rights law, lawyers, judges, government, NGOs, media and anyone who would like to understand values that underpin hate speech regulations which reflect values that society cherishes the most.

National Security Review of Foreign Investment - A Comparative Legal Analysis of China, the United States and the European... National Security Review of Foreign Investment - A Comparative Legal Analysis of China, the United States and the European Union (Paperback)
Cheng Bian
R1,264 Discovery Miles 12 640 Ships in 12 - 17 working days

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.

Federalism and the Courts in Africa - Design and Impact in Comparative Perspective (Paperback): Yonatan T. Fessha, Karl Koessler Federalism and the Courts in Africa - Design and Impact in Comparative Perspective (Paperback)
Yonatan T. Fessha, Karl Koessler
R1,230 Discovery Miles 12 300 Ships in 12 - 17 working days

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.

Cost and EU Public Procurement Law - Life-Cycle Costing for Sustainability (Paperback): Marta Andhov, Roberto Caranta, Anja... Cost and EU Public Procurement Law - Life-Cycle Costing for Sustainability (Paperback)
Marta Andhov, Roberto Caranta, Anja Wiesbrock
R1,233 Discovery Miles 12 330 Ships in 12 - 17 working days

With contributors from a range of backgrounds including law, business, management, engineering and policy development, this interdisciplinary book provides the first comprehensive study on LCC within the framework of EU public procurement law.

Stigma, State Expressions and the Law - Implications of Freedom of Speech (Paperback): Paul Quinn Stigma, State Expressions and the Law - Implications of Freedom of Speech (Paperback)
Paul Quinn
R1,249 Discovery Miles 12 490 Ships in 12 - 17 working days

The book relates the two often segregated academic literatures- discrimination and stigma- so it is an important contribution

The Far-Right in International and European Law (Paperback): Natalie Alkiviadou The Far-Right in International and European Law (Paperback)
Natalie Alkiviadou
R1,244 Discovery Miles 12 440 Ships in 12 - 17 working days

Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.

The Interaction between Europe's Legal Systems - Judicial Dialogue and the Creation of Supranational Laws (Hardcover):... The Interaction between Europe's Legal Systems - Judicial Dialogue and the Creation of Supranational Laws (Hardcover)
Giuseppe Martinico, Oreste Pollicino
R3,144 Discovery Miles 31 440 Ships in 12 - 17 working days

This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. The Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.

Resettlement in Asian Countries - Legislation, Administration and Struggles for Rights (Hardcover): Mohammad Zaman, Reshmy... Resettlement in Asian Countries - Legislation, Administration and Struggles for Rights (Hardcover)
Mohammad Zaman, Reshmy Nair, Shi Guoqing
R3,931 Discovery Miles 39 310 Ships in 12 - 17 working days

This book examines land acquisition and resettlement experience in Asian countries, where nearly two-thirds of the world's development-induced displacement currently takes place. Faced with the complexity of balancing legal frameworks and resettlement needs, along with increasing demands for safeguarding displaced peoples, in recent years many countries within Asia have adopted integrated land and resettlement laws. This book presents a comparative review and assessment of the impact of the new land and resettlement laws and regulatory frameworks for expropriation, compensation and resettlement. Written by an international, interdisciplinary team of experts from both practice and academia, the book demonstrates the ongoing challenges and struggles associated with social and resettlement risk assessments, the social and cultural exclusion of indigenous/vulnerable groups in some countries, and the lack of institutional capacity to adequately deal with resettlement management and administration. The case studies and comparative analyses of laws and practices relating to expropriation, compensation and resettlement make significant contributions to advancing resettlement knowledge and management practices. The book will be useful as a reference for development practitioners and for researchers across the fields of global development, political science, Asian studies, planning and law. The book also has potential use as a resource for resettlement management training programs and graduatelevel courses/seminars in development studies.

State Responsibility and New Trends in the Privatization of Warfare (Hardcover): Frauke Renz State Responsibility and New Trends in the Privatization of Warfare (Hardcover)
Frauke Renz
R3,155 Discovery Miles 31 550 Ships in 12 - 17 working days

Contracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime. Focussing on the Articles on State Responsibility (ASR) the author considers under which conditions states are, or should be, responsible for the acts of private contractors given new trends towards remote warfare involving drones and increasingly autonomous weapon systems. Rigorous academic research and case studies, combined with insights from numerous interviews with practitioners, serve to highlight the challenges to applying the ASR. These challenges range from the relativity of key concepts of attribution to the issue of when reliance on private contractors becomes a violation of the principle of distinction under International Humanitarian Law and also illustrate where the current state responsibility regime needs to be modified to adequately address evolutions in warfare. This astute and incisive book will prove a key resource for legal scholars and theorists with an interest in public international law, IHL and IHRL. Government officials, practitioners and think tanks engaged in compliance matters and new trends in warfare will also benefit from this work's pragmatic approach.

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