This book examines the contemporary production of economic value in today's financial economies. Much of the regulatory response to the global financial crisis has been based on the assumption that curbing the speculative 'excesses' of the financial sphere is a necessary and sufficient condition for restoring a healthy economic system, endowed with real values, as distinct from those produced by financial markets. How, though, can the 'intrinsic' value of goods and services produced in the sphere of the so-called real economy be disentangled from the 'artificial' value engineered within the financial sphere? Examining current projects of international legal regulation, this book questions the regulation of the financial sphere insofar as its excesses are juxtaposed to some notion of economic normality. Given the problem of neatly distinguishing these domains - and so, more generally, between economy and society, and production and social reproduction - it considers the limits of our current conceptualization of value production and measurement, with specific reference to arrangements in the areas of finance, trade and labour. Drawing on a range of innovative work in the social sciences, and attentive to the spatial and temporal connections that make the global economy, as well as the racial, gender and class articulations of the social reproductive field within it, it further asks: what alternative arrangements might be able to affect, and indeed alter, the value-making processes that underlie our current international regulatory framework?

Controlling Capital examines three pressing issues in financial market regulation: the contested status of public regulation, the emergence of 'culture' as a proposed modality of market governance, and the renewed ascendancy of private regulation. In the years immediately following the outbreak of crisis in financial markets, public regulation seemed almost to be attaining a position of command - the robustness and durability of which is explored here in respect of market conduct, European Union capital markets union, and US and EU competition policies. Subsequently there has been a softening of command and a return to public-private co-regulation, positioned within a narrative on culture. The potential and limits of culture as a regulatory resource are unpacked here in respect of occupational and organisational aspects, stakeholder connivance and wider political embeddedness. Lastly the book looks from both appreciative and critical perspectives at private regulation, through financial market associations, arbitration of disputes and, most controversially, market 'policing' by hedge funds. Bringing together a distinguished group of international experts, this book will be a key text for all those concerned with issues arising at the intersection of financial markets, law, culture and governance.

The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law's limited repertoire for assembling the archive after 'the disaster'. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or 'storehouse' of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law's authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law's archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an 'archive', this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law's counter-archive as a challenge to established forms of representing and responding to violence.

Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan's earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.

Despite high crime rates among men in the Caribbean, rising rates of violence against women in the region, and a significant number of Caribbean nationals incarcerated abroad due to drug smuggling, existing research has yet to offer explanations that are tailored to the unique Caribbean societies and the individuals in them. This edited volume adds to the existing body of scientific, empirical and theoretical work on crime (victimization), and criminal justice in the Caribbean, with a specific focus on impacts of post-colonialism and gender. To investigate these impacts on a developing Caribbean criminology, the contributions in this volume focus on how impacts of post-colonialism, associated racial stereotypes, and/or gender throughout the Caribbean impact on (a) types of offending, (b) victimization, and (c) criminal justice system responses and policies. Bringing together a broad range of experts, this book sheds light on key criminological topics in the Caribbean, including victimization, risk factors for offending, subcultures of violence and particularly gendered violence, and the role of motherhood within matrifocal societies. It is essential reading for those engaged with Caribbean - or decolonial - Criminology and those engaged with comparative and international studies in crime and justice more generally.

F. A. Mann is considered to be one of the finest British lawyers of this century, esteemed both as an international jurist and as a practising solicitor. He combined a thriving and prestigious practice with a prolific output of writing and teaching, with much of his work centering on the interrelationship of international and national law. Among his publications are Studies in International Law (OUP, 1973), Further Studies in International Law (OUP, 1990), and Foreign Affairs in English Courts (OUP, 1986). He died in September 1991, whilst at work on the proofs of the fifth edition of his virtually canonical work, The Legal Aspect of Money. Notes and Comments on Cases in International Law, Commercial Law, and Arbitration represents some of the finest of his writing on such diverse topics as Anglo-American Legal Harmony, Bills of Exchange and the Conflict of Laws, the Spycatcher case, Austrian Nationality, and English Procedural Law and Foreign Arbitrations. Throughout his career, his case notes were regarded as models of intellectual acuity: constantly stimulating and rigorous in their analysis and style. This new collection of his work will gain a fresh audience for his writing, and should be found on the bookshelves of every lawyer with serious interest in international law.

This book analyzes the legal regime of the exploitation of the mineral resources in the Antarctic. Therefore, it elaborates on the development of the Antarctic Treaty and the Antarctic Treaty System (ATS). The author examines the history and influence of the Convention for the Regulation of Antarctic Mineral Resource Activities (CRAMRA), which purpose it is to prohibit unregulated mineral resource activities in Antarctica, and its provisions are extremely strict with the aim of environmental protection. Through analyzing and comparing the CRAMRA and the 1991 Environmental Protocol, the book concludes that it is not beyond credulity to imagine that a new round of discussion on Antarctic mineral exploration will be held in the near future.

This book looks at how legal frameworks can and do reduce risks arising out of disasters. The volume: analyses existing disaster laws and the challenges on the ground; brings together case studies from some of the most vulnerable regions; and proposes solutions to avert existing and possible future crises. The book offers appropriate legal frameworks for disaster management which could not only offer sustainable institutional reforms towards community resilience and preparedness but also reduce risk within the frameworks of justice, equity and accountability. It examines the intricacies of governance within which governments function and discusses how recent trends in infrastructure development and engineering technology could be balanced within the legal principles of ethics, transparency and integrity. The chapters in the volume suggest that legal frameworks ought to resonate with new challenges of resource management and climate change. Further, these frameworks could help secure citizens' trust, institutional accountability and effective implementation through an unceasing partnership which keeps the community better prepared and more resilient. This volume will be indispensable to scholars and researchers of disaster management, law, public policy, environment and development studies as well as policymakers and those in administrative, governmental, judicial and development sectors.

This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law's continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women's rights. Part of the prestigious 'Transition in Northeastern India' series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.

The third volume in the Interviews with Global Leaders in Policing, Courts, and Prisons series, Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Three provides an insider's view of the judicial system. Offering interviews from judges in Africa, Asia, Australasia, Europe, North America, and the West Indies, this text explores the behind-the-scenes motivations of judges on a global scale, delving into the interviewees opinions on diverse legal systems, the interpretation of legal developments, and current issues in criminal law. Readers of this text will be experience the judicial system from within-the plans, protests, and thought processes of practicing judges. Criminal justice students and practitioners alike will benefit from this unique examination of judges around the world.

The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis commu nautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the small est Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.

Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.

This book explores China's perspective on sovereignty. The concept of sovereignty is universal, however, the understanding of it varies in different states and due to cultural backgrounds, history or the composition of ethnic groups. In order to comprehend China's current perspective on sovereignty, the author connects Chinese historical ideas with the current international society. She locates misunderstandings of China's past and present which could cause misjudgment of China's perspective on sovereignty. Hence, the author analyzes China's imperial history concerning sovereignty and foreign policies. She surveys the cultural, political, administrative and legal roots of the ancient empires because of their great influence on its current political arrangements. In addition, the study examines the divergence between the European and Chinese understanding on human rights.

Despite a more reflective concern over the past 20 years with marginalised voices, justice from below, power relations and the legitimacy of mechanisms and processes, scholarship on transitional justice has remained relatively silent on the question of 'resistance'. In response, this book asks what can be learnt by engaging with resistance to transitional justice not just as a problem of process, but as a necessary element of transitional justice. Drawing on literatures about resistance from geography and anthropology, it is the social act of labelling resistance, along with its subjective nature, that is addressed here as part of the political, economic, social and cultural contexts in which transitional justice processes unfold. Working through three cases - Cote d'Ivoire, Burundi and Cambodia - each chapter of the book addresses a different form or meaning of resistance, from the vantage point of multiple actors. As such, each chapter adds a different element to an overall argument that disrupts the norm/deviancy dichotomy that has so far characterised the limited work on resistance and transitional justice. Together, the chapters of the book develop cross-cutting themes that elaborate an overall argument for considering resistance to transitional justice as a subjective element of a political process, rather than as a problem of implementation.

Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought, questions of law, movement and its materialities are too often overlooked. This book addresses this oversight, and it does so through an attention to the materialities of legal movement. Paying attention to how law moves across different colonial and contemporary spaces, this book reveals there is a problem with common law's place. Primarily set in the postcolonial context of Australia - although ranging beyond this nationalised topography, both spatially and temporally - this book argues movement is fundamental to the very terms of common law's existence. How, then, might we move well? Explored through examples of walking and burial, this book responds to the challenge of how to live with a contemporary form of colonial legal inheritance by arguing we must take seriously the challenge of living with law, and think more carefully about its spatial productions, and place-making activities. Unsettling place, this book returns the question of movement to jurisprudence.

This book gathers Polish and foreign scholars to consider diverse aspects of Transatlantic Trade and Investment Partnership (TTIP). It examines key general areas such as the improvement of the position of the negotiating parties in the world economy, in politics and in international organisations. The contributors analyze possible acceleration of non-discriminatory liberalisation negotiations, creation of new international standards or reducing regulatory differences, such as "Investor-state dispute settlement" (ISDS), public health, geographical indications. The contributions focus also on specific issues, such as the impact of TTIP on Polish and EU economy, on merchandise and services trade, energy supply, research and development, Information and Communication Technologies (ICT), or on the third parties.

Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.

With nearly 20 percent of the world's population located in China, what happens there is significant to all nations. Sweeping changes have altered the cultural landscape of China, and as opportunities for wealth have grown in recent years, so have opportunities for crime. Police Reform in China provides a rare and insightful glimpse of policing in the midst of such change. The book begins with a historical account of police reform in the region since 2000. Next, it discusses the difficulties encountered in trying to understand Chinese policing, such as outdated perceptions, misinformation, cultural ignorance, ideological hegemony, and problems with paternalistic attitudes. The book recommends studying China from a local perspective informed by local research and data, suggesting that understanding China requires a cultural shift to the Chinese way of life in "thinking" and, more importantly, "feeling." The author then summarizes selected policy papers from Gongan Yanjiu, a leading international policy journal. He first documents how the thinking and aspirations of various generations of Chinese leaders from Mao to Deng, and now Jiang and Hu, came to affect Chinese policing in theory and practice. He then addresses the emergence of a police legitimacy crisis as evidenced by the deterioration of public image and rebellions against police authority. Demonstrating how old ideologies are increasingly in conflict with the values and lifestyles of a new mentality, the book discusses steps that can be taken to improve professionalism. The final chapters investigate such problems as abuses of discretion and the improper use of firearms and highlight the importance of understanding the Chinese people, culture, values, and interests in order to truly effectuate successful police reform.

Compulsory land acquisition and involuntary displacement of communities for a larger public purpose captures the tension of development in the modern state, with the need to balance the interests of the majority while protecting the rights of the minority. In India, informal estimates of involuntary resettlement are estimated to be around 50 million people over the last five decades, and three-fourths of those displaced still face an uncertain future. Growing public concern over the long-term consequences of this has led to greater scrutiny of the rehabilitation and resettlement process, particularly for large development projects. This book examines a number of new policy formulations put in place at both the central and state levels, looking at land acquisition procedures and norms for rehabilitation and resettlement of communities. The book combines a theoretical analysis of the proposed regulatory framework with detailed case studies that examine the application of these norms in specific geographic contexts across the country. It brings together contributory analysis by some of the country's most engaged administrators, academics, and activists in the field, and is a useful contribution to Development Studies.

The scope for financial crime has widened with the expansion and increased integration of financial markets. Money laundering, terrorism financing and tax crime have all changed in both nature and dimension. As new technologies reduce the importance of physical proximity to major onshore financial centres so a new generation of Offshore Financial Centres (OFCs) have emerged. This accessible volume provides a deeper analysis of the economic, institutional and political features of the OFCs, in order to design the optimal international regulatory policy. Using a multidisciplinary approach with an international level of expertise, the book evaluates international policies regarding offshore countries on the basis of a systematic analysis of their characteristics.

Bringing a sociologist's insight to legal institutions and narratives, this book is an innovative and timely sociological contribution to current concerns regarding critical cosmopolitanism, human rights and crimes against humanity.

Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.

What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt's positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt's writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt's relevance for an understanding of the contemporary world. Engaging the background and intellectual context in which Schmitt wrote his major works - often with reference to both primary and secondary literature unavailable in English - this book will be of enormous interest to legal and political theorists.

Until recently, the fundamental link between two basic concepts in international law, namely the right to self-help and the obligation to settle disputes by peaceful means, has been neglected in doctrine and practice. The main issue is that international law traditionally recognizes the right of states to safeguard their own rights by resorting to countermeasures as well as the obligation to settle their disputes by accepted and recognized diplomatic and judicial procedures. Both concepts are based on their own merits, which are assumed to be valid in contemporary international law. It is the primary purpose of this study to determine which rules and principles govern the relationship between the two concepts. The book's major findings arise from an analysis of scholarly work, supported by examples from five different case studies. Drawing insights from legal as well as political science, it will be a valuable resource for students, academics and policy makers in international law, international relations and related areas.

Based on empirical research, this book comprehensively and thoroughly expounds the procuratorial system of socialism with Chinese characteristics and focuses on the organization, functions and powers, the system of prosecutors and the reform of the procuratorial system in China. It deeply analyzes the characteristics and reasons of the procuratorial system in China and not only discusses the dynamic process of the various kinds of procuratorial power in practice but also analyzes the common trend of the reform of the system of prosecution service in the world under the background of the globalization of judicial reform, especially those hot topics of the procuratorial reform in recent years, such as the reform of judicial responsibility, the reform of internal organization, the reform of quota control of prosecutors, the lenient system of accepting confession and punishment, the system of litigation of public interest and so on.In addition, with considering and studying the historical process and practice of the procuratorial system in China for more than 20 years, the author puts forward lots of unique ideas and proposals to reform and perfect the current procuratorial system and the procuratorial work mechanism in China. The book comprehensively discusses the historical origin, development process, current situation, reform and the direction of future development of the procuratorial system in China.