This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession's response to these developments, and civil society's comments. In addition, it addresses contemporary problems of key importance and at the centre of today's discussions, from the legitimacy and relevance of Investor-State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.

This book offers a clear, accessible account of the American litigation over the restitution of works of art taken from Jewish families during the Holocaust. For the past two decades, the courts of the United States have been an arena of conflict over this issue that has recently captured widespread public attention. In a series of cases, survivors and heirs have come forward to claim artworks in public and private collections around the world, asserting that they were seized by the Nazis or were sold under duress by owners desperate to escape occupied countries. Spanning two continents and three-quarters of a century, the cases confront the courts with complex problems of domestic and international law, clashes among the laws of different jurisdictions, factual uncertainties about the movements of art during and after the war, and the persistent question whether restitution claims have been extinguished by the passage of time.Through individual case studies, the book examines the legal questions these conflicts have raised and the answers the courts have given. From the internationally celebrated "Woman in Gold" lawsuit against Austria to lesser-known claims against Germany, Hungary, Spain, and museums and private collections in the United States, the book synthesizes the legal and evidentiary materials and judicial rulings in each case, creating a coherent narrative of proceedings that are often labyrinthine in complexity. Written by a leading authority on litigation and procedure, the book will be of interest to readers in various fields of the humanities and social sciences as well as law, and to anyone interested in the fate of artworks that have been called the "last prisoners" of the Second World War.

1. While there has been growing research on the topic of immigration detention in the UK, this is the first to exclusively explore the experiences of women. The focus on experiences of detention, release and removal makes for a particularly broad subject. 2. Courses on penology and punishment are popular, even core components of a Criminology degree. This book offers much needed supplementary reading on a modern form of punishment, in the form of immigration detention.

Originally published in 1955, this book describes in a clear and concise way the nature of a Trade Union in England from the legal point of view, the particular aspects of the Law which make it possible for Trade Unions to carry on their activities and the restraints which the Law place on them for the protection of their members and the community. It briefly reviews the history of Trade Union Law, describes the Acts of Parliament which made the modern Trade Union possible and deals with those aspects of the Law which are important for those who have industrial relations with Trade Unions.

This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community's collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory's advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China's transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China's civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China's socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China's dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.

Prisons are everywhere. Yet they are not everywhere alike. How can we explain the differences in cross-national uses of incarceration? The Politics of Punishment explores this question by undertaking a comparative sociological analysis of penal politics and imprisonment in Ireland and Scotland. Using archives and oral history, this book shows that divergences in the uses of imprisonment result from the distinctive features of a nation's political culture: the different political ideas, cultural values and social anxieties that shape prison policymaking. Political culture thus connects large-scale social phenomena to actual carceral outcomes, illuminating the forces that support and perpetuate cross-national penal differences. The work therefore offers a new framework for the comparative study of penality. This is also an important work of sociology and history. By closely tracking how and why the politics of punishment evolved and adapted over time, we also yield rich and compelling new accounts of both Irish and Scottish penal cultures from 1970 to the 1990s. The Politics of Punishment will be essential reading for students and academics interested in the sociology of punishment, comparative penology, criminology, penal policymaking, law and social history.

Based on a reading of contemporary philosophical arguments, this book accounts for how punishment has provided audiences with pleasure in different historical contexts. Watching tragedies, contemplating hell, attending executions, or imagining prisons have generated pleasure, according to contemporary observers, in ancient Greece, in medieval Catholic Europe, in the early-modern absolutist states, and in the post-1968 Western world. The pleasure was often judged morally problematic, and raised questions about which desires were satisfied, and what the enjoyment was like. This book offers a research synthesis that ties together existing work on the pleasure of punishment. It considers how the shared joys of punishment gradually disappeared from the public view at a precise historic conjuncture, and explores whether arguments about the carnivalesque character of cruelty can provide support for the continued existence of penal pleasure. Towards the end of this book, the reader will discover, if willing to go along and follow desire to places which are full of pain and suffering, that deeply entwined with the desire for punishment, there is also the desire for social justice. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, philosophy and all those interested in the pleasures of punishment.

In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert - the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.

Accompanied by a podcast called "The Cannabis Criminology Podcast." As a limited series podcast, the authors will review key aspects of the book and interview scholars and activists working in this area. Very timely as the (potential) legalisation of cannabis has received much attention across the globe in recent decades/years, and this interest is set to continue for many years to come. Most research tends to focus on drugs as a whole, whereas this book focus solely on cannabis, and as such offers the depth needed to grasp the topic more effectively. Fits into several topics/modules within criminology, sociology, law, drug policy and public health. Comprehensive in its coverage, exploring history, frameworks of analysis, evidence to date, key initiatives, and providing examples from relevant jurisdictions.

A crucial indictment of widely embraced "alternatives to incarceration" that exposes how many of these new approaches actually widen the net of punishment and surveillance "But what does it mean-really-to celebrate reforms that convert your home into your prison?" -Michelle Alexander, from the foreword Electronic monitoring. Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data-driven surveillance. Extended probation. These are some of the key alternatives held up as cost-effective substitutes for jails and prisons. But many of these so-called reforms actually widen the net, weaving in new strands of punishment and control, and bringing new populations, who would not otherwise have been subject to imprisonment, under physical control by the state. As mainstream public opinion has begun to turn against mass incarceration, political figures on both sides of the spectrum are pushing for reform. But-though they're promoted as steps to confront high rates of imprisonment-many of these measures are transforming our homes and communities into prisons instead. In Prison by Any Other Name, activist journalists Maya Schenwar and Victoria Law reveal the way the kinder, gentler narrative of reform can obscure agendas of social control and challenge us to question the ways we replicate the status quo when pursuing change. A foreword by Michelle Alexander situates the book in the context of criminal justice reform conversations. Finally, the book offers a bolder vision for truly alternative justice practices.

This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?

1. There is a market for this book across rural criminology, rural sociology and human geography. 2. Whereas most victimological literature focuses on the urban, this book sheds light on rural victimisation.

1. While there has been growing research on the topic of immigration detention in the UK, this is the first to exclusively explore the experiences of women. The focus on experiences of detention, release and removal makes for a particularly broad subject. 2. Courses on penology and punishment are popular, even core components of a Criminology degree. This book offers much needed supplementary reading on a modern form of punishment, in the form of immigration detention.

1. There is a market for this book across rural criminology, rural sociology and human geography. 2. Whereas most victimological literature focuses on the urban, this book sheds light on rural victimisation.

This book outlines how community sentences and early release options are administered in China. Chen provides empirical insights into the emerging community sector of the Chinese penal system, and illustrates how Chinese criminal courts decide between imprisonment and community sentences. Drawing on interviews with government and non-governmental supervisors, this methodological and rigorous study offers an in-depth discussion of the enforcement of these community sanctions and measures (CSM). By using the CSM reform as an example, this book illustrates the adaptation of Chinese governance and social control. Ultimately, Chen argues that the current model of governance in China (disciplinary governance) cannot guarantee an effective state-agent relationship; it also denies local governments sufficient legitimacy to secure social stability. Finally, proposing that only the rule of law and an active judiciary can complement these two deficiencies, this book will be of great interest to scholars of criminology, law, and penology, as well as anyone who is interested in how China is held together in a socio-legal sense.

Covers the key institutions, concepts and legal rules in the United Kingdom constitutional system Explores the administrative justice system, including judicial review, and the protection of human rights Clearly written and easy to use Updated to cover the latest implications of Brexit, as well as legislation in the wake of the 2020 pandemic.

This book examines two problems in Private law which are posed by the 'good Samaritan': First, do we have a legal duty to give aid to our fellow human beings? In particular: can we be held liable for damages if we fail to do so? Second, if we do come to the rescue, as the good Samaritan did, will we have any claim for the expenses that we incurred, or perhaps even for a reward? Kortmann examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems, providing the first comprehensive treatment of English law in relation to 'liability for nonfeasance' (or 'liability for omissions') and 'negotiorum gestio' (or 'the doctrine of necessity'). In Part I, Kortmann examines English law which draws a distinction between action and inaction, or 'feasance' and 'nonfeasance'. In general, one is not held liable for failing to act. He explores the theoretical justifications for drawing this distinction and reveals through a short comparative survey the fundamentally different approaches taken in France and Germany, concluding that the English rule of no liability for nonfeasance requires a reconsideration. In Part II the English approach to the problem of reimbursement or reward is examined, detailing its profound differences from the Continental European approach. In principle, English law does not grant the necessitous intervener a claim against the beneficiary of his intervention. Kortamnn examines the theoretical justifications for assuming this position and again concludes that the law deserves reconsideration. Finally, Kortmann concludes by demonstrating close interconnections between the two, traditionally independent issues. He argues that the law ought not to introduce a general duty to intervene without at the same time granting the intervener a claim, at the very least for reimbursement of expenses and compensation of any loss suffered in the course of the intervention.

This book argues that Oliver Wendell Holmes Jr., helps us see the law through an Emersonian lens by the way in which he wrote his judicial dissents. Holmes's literary style mimics and enacts two characteristics of Ralph Waldo Emerson's thought: "superfluity" and the "poetics of transition," concepts ascribed to Emerson and developed by literary critic Richard Poirier. Using this aesthetic style borrowed from Emerson and carried out by later pragmatists, Holmes not only made it more likely that his dissents would remain alive for future judges or justices (because how they were written was itself memorable, whatever the value of their content), but also shaped our understanding of dissents and, in this, our understanding of law. By opening constitutional precedent to potential change, Holmes's dissents made room for future thought, moving our understanding of legal concepts in a more pragmatic direction and away from formalistic understandings of law. Included in this new understanding is the idea that the "canon" of judicial cases involves oppositional positions that must be sustained if the law is to serve pragmatic purposes. This process of precedent-making in a common-law system resembles the construction of the literary canon as it is conceived by Harold Bloom and Richard Posner.

Who are the perpetrators of modern slavery? Why do they exploit others? What might be done to stop exploitation recurring? These are the questions answered in this book. Reporting on the first primary study of modern slavery offenders, the book depicts the findings of in-depth interviews with people accused of, and convicted for, committing modern slavery offences. The different forms that modern slavery takes are explained chapter by chapter: organized crime, people smuggling, labour exploitation, domestic servitude, sham marriage, the trafficking of adults for sexual exploitation and child sex trafficking. Using case studies to illuminate the perspectives of those deemed perpetrators, we show that few modern slavery offenders conform to stereotypes of people traffickers. Through an interpretive analysis of offenders' life stories, we reveal the points in the past and present where interventions could have prevented victims from becoming trapped in exploitation. We show that while national governments and international bodies often appear resolute in their efforts to tackle modern slavery and people trafficking, they have also obscured their own roles in compounding the plights of those at the sharp ends of globalization. In racializing the actions of sex traffickers, grooming gangs, and organized criminals, the modern slavery agenda has mystified the roles market dynamics, the absence of workers' rights, and immigration controls play in generating vulnerabilities to exploitation. This book will be of interest to a wide range of students, policymakers and practitioners concerned with modern slavery, human trafficking, border control and immigration, globalization and inequality, as well as the more disciplinefocused criminological audiences concerned with why people commit crimes, what should be done about them and the, often paradoxical, consequences of social control across borders. Given the book's strong focus on narrative, psychosocial and social network methodologies, it will also appeal to audiences across the social sciences concerned with applying these novel approaches to difficult to reach populations.

Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.

This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of 'no war, no peace' that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective. The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa. Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct Professor in the Faculte Libre de Droit of the Universite Catholique de Lille in Lille, France. Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Universita degli Studi di Milano in Milan, Italy.

As in a number of France's major cities, civil war erupted in Lyon in the summer of 1793, ultimately leading to a siege of the city and a wave of mass executions. Using Lyon as a lens for understanding the politics of revolutionary France, this book reveals the widespread enthusiasm for judicial change in Lyon at the time of the Revolution, as well as the conflicts that ensued between elected magistrates in the face of radical democratization. Julie Patricia Johnson's investigation of these developments during the bloodiest years of the Revolution offers powerful insights into the passions and the struggles of ordinary people during an extraordinary time.

Experts can be publicly embarrassed if they are ill-prepared, or do not understand their duties to the court. Many high-profile miscarriages of justice have arisen because of the conduct of such witnesses, who have given biased evidence in favour of one party, or simply failed to understand the courts' requirements. Mark Tottenham, an experienced barrister and mediator, and award-winning writer on legal issues, has written this short and authoritative guide to the responsibilities of professional witnesses. Drawing on authorities throughout the English-speaking world, he outlines: the duties of an expert witness; the requirements of a written court report; how to prepare to give evidence in court; how to maintain a professional detachment from the client and instructing legal team; the involvement of expert witnesses in preparing pleadings and 'Scott schedules'; and the role of expert witnesses in other forums such as mediations, inquests and public inquiries.