This internationally edited collection addresses the issues raised by multi-owned residential developments, now established as a major type of housing throughout the world in the form of apartment blocks, row housing, gated developments, and master planned communities. The chapters draw on the empirical research of leading academics in the fields of planning, sociology, law and urban, property, tourism and environmental studies, and consider the practical problems of owning and managing this type of housing. The roles and relationships of power between developers, managing agents and residents are examined, as well as challenges such as environmental sustainability and state regulation of multi-owned residential developments. The book provides the first comparative study of such issues, offering lessons from experiences in the UK, the US, Australia, New Zealand, Israel, Hong Kong, Singapore and China.

The International Telecommunication Union (ITU) and the Universal Postal Union (UPU) are the two major international organisations that are involved in the regulation of international communications. The ITU deals with electronic communications including radio. The UPU deals with mail. As such, both organisations are of major importance in modern life. This volume provides an up-to-date analysis of their development from inception to the present as they have responded to technical and political change. It also makes suggestions for the future. The volume will be an invaluable resource for researchers and students, policy-makers, government officials and administrators, and legal staff in telecommunication and postal organisations.

To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.

Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.

The globalization process has foregrounded ethnic discrimination as an increasingly important area of law around the world. Allowing a better understanding of the issue of ethnic discrimination and inequality, this book offers a comparative analysis of legislation impacting ethnic equality in various Anglophone countries. It demonstrates that it is possible to achieve equality at both national and international levels. A compelling historical analysis of the North American Free Trade Agreement and the European Union Treaty is provided together with a detailed examination of diversity and the law. The book will interest practitioners and others interested in ethnic legal issues.

This collection provides an up-to-date analysis of key country approaches to Militant Democracy. Featuring contributions from some of the key people working in this area, including Mark Tushnet and Helen Irving, each chapter presents a stocktaking of the legal measures to protect the democracy against its enemies within. In addition to providing a description of the country's view of Militant Democracy and the current situation, it also examines the legal and political provisions to defend the democratic structure against attacks. The discussion also presents proposals for the development of the Militant Democracy principle or its alternatives in policy and legal practice. In the final chapter the editor compares the different arrangements and formulates a minimum consensus as to what measures are indispensable to protect a democracy. Highly topical, this book is a valuable resource for students, academics and policy-makers concerned with democratic principles.

Lacking a single immigration code, Chinese immigration law is widespread, encompassing a variety of laws, regulations and policies, some of which are internal and closed. There is also no immigration cases system. These factors have combined to make the study and understanding of the system difficult for those outside or unfamiliar with this area of Chinese law. To add to this complexity, since the reform and opening-up policy in 1978, Chinese immigration law has been experiencing significant change. In particular, that brought about by the acceptance of a market economy in 1991, and with access to World Trade Organization membership in 2001. Due to the dilation of the legislation, the issue of conflict between Chinese immigration law and other Chinese laws has become serious. This book provides a comprehensive, up-to-date, and readily-accessible reference to Chinese immigration law. It provides the necessary detail, insight and background information for a thorough understanding of this complex system. The book has been written on the basis of Chinese statutes while also including coverage of the relevant international instruments. The work draws on and compares Chinese and English language sources, making it an invaluable resource for both Chinese and non-Chinese readers alike.

This book offers commentary and analysis on the catastrophic events which have recently confronted the international economy in the modern era and contrasts the current situation with other financial crises. It includes case studies on Lehman Brothers in the US, Babcock & Brown in Australia, and Northern Rock in the UK. Asking many pertinent questions about the causes of the crisis and its effects, the book explores fundamental themes such as: asset bubbles and speculation in the financial and non-financial markets, systemic risks and the role of regulation, and regulators. It also reviews the response of international institutions such as the IMF, the World Bank, the US Federal Reserve, the EU Central Bank and the G20. The book assesses the triggers of the crisis and evaluates rescue packages and policy responses as well as suggesting reform of regulatory and supervisory frameworks to maintain banking and modern financial systems in the future.

Drawing on extensive interview material gathered amongst victims, witnesses, judges and NGOs, this book investigates the prosecution of rape and sexual violence in war crimes tribunals, with special attention to The International Court for the Former Yugoslavia (ICTY) and World Court in Sarajevo. It examines the testimonies of victims and witnesses and their reasons for testifying, their attitudes towards perpetrators, the consequences of testifying, their recommendations for other witnesses and conceptions of justice. In addition, it explores the attitudes of judges, prosecutors, psychologists and those in charge of protecting and offering services. Adopting a feminist approach, 'Gender, Shame and Sexual Violence' challenges the assumption that the deterrent effect of making rape trials more visible would reduce the occurrence of sexual violence in conflict situations, contending instead that the manner in which cases are handled both increases the victims' sense of shame and serves to propagate a representation of women's bodies that may actually serve to increase the use of sexual violence during war. A compelling analysis of the prosecution of rape as a war crime, this volume offers extensive new empirical material that will be of interest to scholars of sociology, gender studies, criminology, politics, international relations and law.

In the context of global efforts to control the production, distribution and use of narcotic drugs, China's treatment of the problem provides an important means of understanding the social, political, and economic limits of national and international policies to regulate drug practices. In the nineteenth and early twentieth centuries, China was known for its national addiction to opium, but its drug-eradication campaigns from the 1950s to the 1970s achieved unprecedented success that ultimately transformed China into a "drug-free" society. However, since the economic reforms and open-door policy of the late twentieth century, China is now facing a re-emergence of the production, use and trafficking of narcotic drugs. Employing case studies and a comparative historical approach, and drawing on a variety of data sources including historical records, official crime data only recently made available, and news reports, this book is the first English-language publication to provide such a comprehensive documentation and analysis of the nature of China's legal regulation of controlled substances. The authors also offer theoretical approaches for studying drug regulation, aspects of drug consumption cultures, the socio-political treatment of drugs during various historical periods and ongoing efforts to legislate drug trade, criminalize drug use and manage the drug addict population within national and international contexts.

Providing interdisciplinary and empirically grounded insights into the issues surrounding gender and migration into and within Europe, this work presents a comprehensive and critical overview of the historical, legal, policy and cultural framework underpinning different types of European migration. Analysing the impact of migration on women's careers, the impact of migration on family life and gender perspectives on forced migration, the authors also examine the consequences of EU enlargement for women's migration opportunities and practices, as well as the impact of new regulatory mechanisms at EU level in addressing issues of forced migration and cross-national family breakdown. Recent interdisciplinary research also offers a new insight into the issue of skilled migration and the gendering of previously male-dominated sectors of the labour market.

Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.

This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.

This book critically reviews the recurrent debate on Intellectual Property law and policy in developing countries carried out in the last decade. It identifies the still unresolved policy issues and proposes alternative approaches that resonate with the needs for transformation of the economic and social reality of developing countries. Focusing on emerging economies in Asia, the work draws the wider lessons to be learnt by researchers, policy makers, legislators and the business sector in general and concludes by putting forward proposals for reform.

Taking the example of the nuclear bombing of Hiroshima as a case in point, Francis Winters analyzes the ethics of warfare, demonstrating how the examples of World War II hold relevance to the contemporary world. The volume examines the ethics of Japan's refusal to surrender and seeks to balance the verdict of responsibility for Hiroshima by extending the analysis to the ethics of the end of the war. It also illustrates how two displays of American naval and munitions power had an impact on Japan comparable to the September 11, 2001 assaults on America. Linking his study with two contemporary films on Iwo Jima, the author illustrates how the 1940s were an era of costly triumph that can still inspire national pride in American citizens. Unique in concept and approach, this volume will have relevance to scholars interested in both historical and contemporary politics, US-Japan relations as well as foreign policy and the ethics of warfare.

There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume's extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

Peace-building in a number of contemporary contexts involves fragile states, influential customary systems and histories of land conflict arising from mass population displacement. This book is a timely response to the increased international focus on peace-building problems arising from population displacement and post-conflict state fragility. It considers the relationship between property and resilient customary systems in conflict-affected East Timor. The chapters include micro-studies of customary land and population displacement during the periods of Portuguese colonization and Indonesian military occupation. There is also analysis of the development of laws relating to customary land in independent East Timor (Timor Leste). The book fills a gap in socio-legal literature on property, custom and peace-building and is of interest to property scholars, anthropologists, and academics and practitioners in the emerging field of peace and conflict studies.

Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.

Africa is playing an increasingly more significant role in the domain of international intellectual property law, and this book underlines the contributions made by African countries as a group to the development of the current international IP system. It examines in detail their breakthrough proposals and initiatives at the WTO, WIPO and WHO with regard to IP and public health; IP and traditional knowledge, traditional cultural expressions and genetic resources; IP and biodiversity; and exceptions and limitations to copyright. Using Botswana, Burundi, Egypt, Ghana, Kenya, Mauritius, Morocco, South Africa and Tunisia as examples, it examines the systems under which these IP subject matters are protected. From a regional perspective, the book also analyses some initiatives taken by ARIPO, OAPI and the African Union to protect traditional knowledge and traditional cultural expressions, especially in relation to protection of the rights of local farming communities and breeders, regulation of access to biological resources, genetically modified organisms and the proposed establishment of the new Pan-African Intellectual Property Organization (PAIPO). Demonstrating how Africa is now an active player on the international IP scene, this book will be invaluable to those interested in intellectual property law, business and commercial law, and African and international law.

This book examines the influence of constitutional legal paradigms upon the political stability and viability of states. It contributes to the literature in the field by focussing on how constitutional flexibility may have led to the rise of 'successful' states and to the decline of 'unsuccessful' states, by promoting stability. Divided into two parts, the book considers theories of the rise and fall of civilizations and individual states, explains the concept of hard and soft constitutions and applies this concept to different types of state models. A series of international case studies in the second part of the book identifies the key dynamics in legal, political and economic history and includes the UK, US, New Zealand and Eastern Europe.

This book provides a comprehensive, dispassionate empirical analysis and assessment of the discernible impact that the US has had upon the jus ad bellum in the post-Cold War era. The work focuses on the substantive areas of the jus ad bellum with which the US has most often and significantly engaged with through either its actions, justifications for actions, or adopted policies. In doing so, it draws upon the theory of interpretive communities as its framework of analysis in order to gauge any impact upon this fundamental area of international law. The Persistent Advocate and the Use of Force provides a much needed examination of one of the most controversial issues of international law in recent times whilst, on a more general level, offering a timely defence of the robustness of the jus ad bellum to the practice of powerful states.

This volume provides a comprehensive and interdisciplinary examination of the Multilateral Non-Proliferation Export Control system and the national and international context within which it functions. Key features: "

The recent emergence of many new states and the creation of a large number of international institutions have resulted in considerable growth in the number of persons having diplomatic status. However, an unfortunate side-effect of this growth has been a corresponding increase in the number of attacks on diplomatic personnel, as symbolic figures diplomats are targets for all types of political violence. This book provides an in-depth examination of the legal and non-legal regimes directed towards the protection of diplomatic personnel around the world. It examines the theoretical and practical justifications for the granting of special protection to such personnel and also particular recent developments in international law relating to the prevention of terrorism and the development of international criminal law, including the International Criminal Court.