This book is the first South African work on this crucial new tool for the successful investigation and prosecution of crime.

It introduces readers to the biological principles of DNA and emphasises the importance of the chain of custody and pre-trial disclosure. It also looks at the process that a DNA-sample has to go through before a DNA test result can be produced, as well as an explanation of test result interpretation.

The meaning of a DNA match is explained, as well as aspects of population genetics, statistical calculations and DNA databases.

A book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure.Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law, for example ex officio application of EU law, enforcement, insolvency proceedings, evidence, etc. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. In a concluding chapter, a more comprehensive comparison between the countries represented in the book is made. Which doctrines, which pieces of legislation or features in legislation pose problems for national civil procedure? Are some legal systems or topics more prone to integrate European rules, and are others more resistant to changes? This book displays the Europeanisation of national civil procedure law and helps to understand this development from the perspective of Member States.

It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination of the reasons why justice is required to be carried out in the open, the values served by open justice, and the tensions that exist between it and the pressures of modern, mass media.

Justice Mahomed was a philosopher of law whose insights and analysis brought about refinements in the law that enlarged the scope of freedom and dignity during apartheid. He spent his life in the service of law to establish justice, contributing to laying the foundation for human rights. As a fearless advocate he challenged immoral and repressive legislation and executive action, developing the common law, especially in the areas of administrative and public law. As a judge, he was at the forefront of a radical and visionary constitutional transformation.

Mahomed’s vision of a human rights culture pre-dated our transition to democracy. We are constantly reminded of his deep love for and understanding of the law, his unmatched oratory, his passion and his unwavering commitment to human rights.

The book comprises four sections:

• Section one consists of a commentary, preceded by a foreword by President Cyril Ramaphosa;
• Section two consists of perspectives of Mahomed by colleagues, friends and family;
• Section three is a selection of his speeches that deal with a range of issues from philosophy to a Bill of Rights;
• Section four identifies some of his illuminating judgments.

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyzes points of controversy in the use, and abuse of extra-legal arguments within legal theory and practice.
Law and Psychology, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory.

The Supreme Court of Namibia: Law, Procedure and Practice, written by the Deputy Chief Justice of the Supreme Court of Namibia and author of Namibia's first ever civil procedure title, covers all aspects of Namibia's apex court's procedure and practice. The Supreme Court of Namibia: Law, Procedure and Practice covers both the criminal and civil practice of Namibia's Supreme Court. The book is systematically organised, covering the background to the legal system, general principles related to civil and criminal practice and procedure, prosecution of an appeal, duties of parties to litigation, challenges experienced by courts during litigation as well as the granting of costs as a post-hearing order. The author provides practical examples of how the court's appellate, review and first instance jurisdictions are exercised.

The new constitutional order has brought about substantial changes to the application of property remedies in South African law. Property Remedies investigates the ways in which various property remedies have been developed by the courts. The book shows that the transformation of remedial possibilities needs to be informed by different contexts. The book argues that it is important to consider this jurisprudential challenge in developing property remedies that are suited to a new constitutional order based on a single system of law. Property Remedies covers the traditional common-law remedies used to protect property interests, such as the rei vindicatio, the actio negatoria, the mandament van spolie, the possessory action, the actio legis aquiliae, compensation for improvements, the prohibitory interdict and the declaratory order. The book also discusses constitutionally inspired property remedies such as compensation for expropriation, constitutional damages and non-expropriatory compensation for lawful state action. The book offers guidance on how to deal with the tension between preserving the existing common-law remedies, accommodating new statutory interventions and developing the current system of property remedies in line with the Constitution.

This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.

The relevance of lawyers and jurists in the process of state-building in nineteenth-century Latin America has been widely acknowledged. This collection of essays assembles a series of studies dealing with the interaction between the legal world and the wider political, economic, social and cultural processes in which the transition from colonial status to independent nationhood took place. Rather than viewing this transition as a radical transformation of judicial institutions and practices, emphasis has been put upon the continuities between those two phases. The chapters range from general overviews of both colonial and republican Spanish America to more detailed case studies of Mexico, Brazil and Argentina. contributors include: Linda Arnold, Virginia Tech; Osvaldo Barreneche, Universidad Nacional de la Plata, Argentina; Charles R. Cutter, Purdue University; Thomas H. Holloway, Cornell University; Victor M. Uribe, Florida International University.

This indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage. Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime. Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.

A Practical approach to Criminal Procedure in Botswana explains the basic principles of the law of criminal procedure in Botswana in plain and concise language. Aspects of the law of criminal procedure are analysed with an emphasis on their practical application, and with reference to recent case law and legislation. The author also discusses the rights of the accused at each stage of the criminal justice process. A Practical approach to Criminal Procedure in Botswana provides comprehensive, analytical and up-to-date information for judicial officers, legal practitioners, law students, academics, law enforcement officers, researchers, paralegals and those involved in the administration of justice.

Class Action Litigation in South Africa is the first book to be published in South Africa dealing with this area of the law. The book collects, describes and interrogates the first-class action judgments in South Africa, aiming to go beyond the existing and ground-breaking Supreme Court of Appeal and Constitutional Court judgments on class actions, and makes practical suggestions regarding the issues that are likely to arise for practitioners, judges and academics as they encounter class actions in South Africa. Class Action Litigation in South Africa seeks to ensure a home-grown understanding of class actions for our country, but also offers the reader first-hand exposure to lessons learnt from international experts in class action litigation. The book thus embraces contributions from around the world that are wide-ranging, straddling the fields of law, economics, social justice and politics. The book presents important and useful insights into class action litigation from local and international experts. The editors and the contributors have all been involved in the leading class action cases in South Africa and abroad.

This cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim's right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system. Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive's main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims. Provoking debate on the ways in which a more integrated enforcement regime could be created, this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.

This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional. Locknie Hsu presents research on dispute settlement options and emerging issues for ASEAN businesses relating to projects and transactions undertaken in relation to the Belt and Road Initiative. She translates these options and issues into opportunities in economic treaty negotiations, utilization of national and regional dispute settlement institutions and better handling of emerging issues (such as environment-related claims and technology applications in dispute resolution) and in legal capacity-building in ASEAN. The book explores findings from academic research, empirical information, selected Case Studies (on environmental and other claims in ASEAN and beyond) and salient legal and technological developments, to provide insights and lessons that make this original book a rich and useful legal and research resource. This book's recommendations will provide food for thought for policy-makers and treaty negotiators who are considering new possibilities and directions to make dispute settlement a better and more fruitful experience in ASEAN. It will also be of interest to practitioners, scholars and students of commercial law, international trade law and dispute resolution, particularly in an Asian context.