The second half of the twentieth century saw the emergence of international economic law as a major force in the international legal system. This force has been severely tested by the economic crisis of 2008. Unable to prevent the crisis, the existing legal mechanisms have struggled to react against its direst consequences. This book brings together leading experts to analyse the main causes of the crisis and the role that international economic law has played in trying to prevent it, on the one hand, and worsening it, on the other. The work highlights the reaction and examines the tools that have been created by the international legal field to implement international cooperation in an effort to help put an end to the crisis and avoid similar events in the future. The volume brings together eminent legal academics and economists to examine key issues from the perspectives of trade law, financial law, and investment law with the collective aim of reform of international economic governance.

This book, through empirical case studies, reconstructs the principles of legal regulation in the intermediate field, thereby facilitating the understanding of the functional distinction between contract law and tort law. The intermediate field with fuzzy borderlines between contract law and tort law emerges as their regulatory functions have expanded. It takes two forms, namely the fuzzy and overlapping field. The institutional reason for the emergence lies in their overlapping functions. From a comparative perspective, this book contends that civil liability, as a normative remedy for rights and interests, should be separated from general law of obligations to construct a uniform norm of liability. In the case of diversified liability forms, a uniform system of civil liability should be constructed with the consequence model based on liability integration. As such, it contributes to restoring the functional foundations of liability that have been alienated, avoiding the intermediate field, and achieving integrated effects and uniform liability. Unlike the traditional research which focuses on the concurrent liabilities of contract and tort law, this book is the first to examine and propose the systemization of regulation in the intermediate field between contract law and tort law and hence a theoretical contribution to Chinese civil law and comparative law scholarship. While the Chinese Civil Code is coming into force, the book is conducive to the understanding of the cutting-edge research of Chinese civil law for the international community and provide fruitful materials for exploring both the advantages and drawbacks of the code.

The work draws conclusions of the fourth conference in a series on the subject of "too big to fail", hosted by the Institute for Law and Finance at Goethe University, Frankfurt am Main on April 23, 2018. It presents the views of key European Union officials as well as senior executives from the financial sector on where Europe stands in this crucial area.

This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' - Irmgard Marboe, University of Vienna, AustriaThis well-informed book explains, reflects on and analyzes Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman - the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book. Contents: Foreword by The Honorable Sir William Blair Preface Prologue 1. The Nature of Law, and its Relationship with Religion, in Islam 2. Islamic Law and Institutions 3. Seeing a Western Nation through Muslim Eyes: Citizenship and the Sharia in Modern Nation-states 4. Fatwa and Muftis 5. Islamic Family Law 6. Mediation, Arbitration and Islamic Alternative Dispute Resolution 7. Islamic Law and Economics 8. Property Rights, Inheritance Law and Trusts (waqf) 9. Islamic Criminal Law 10. Contemporary Debates On and Within Islam Epilogue Index

Aufgrund zunehmender globaler Umweltprobleme und dem legitimen Bemühen zahlreicher Staaten um eine aufholende Entwicklung ist die Weitergabe umweltverträglicher Technologien an Entwicklungsländer zu einem Kernanliegen einer nachhaltigen Entwicklung geworden. Ausgehend von früheren Diskussionen über den Technologietransfer untersucht diese Arbeit jüngste Entwicklungen im Bereich des Umweltvölkerrechts, wobei insbesondere die Übereinkommen zum Schutz der Ozonschicht und jene zum Klimaschutz analysiert und Ansätze zur Umsetzung der jeweiligen Technologietransferbestimmungen in der Staatenpraxis aufgezeigt werden. Wurden im Bereich des internationalen Umweltrechts sektoral die Ziele einer Neuen Weltwirtschaftsordnung verwirklicht? Inwieweit stehen die verbindlichen Transferpflichten in einem Spannungsverhältnis zum völkerrechtlichen Schutz geistigen Eigentums? Der Autor prüft insoweit Möglichkeiten und Grenzen des Technologietransfers auf der Basis marktkonformer Mechanismen und beleuchtet die Rolle multilateraler Finanzierungsfonds.

After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In "Global Justice," Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective--that of an "anarchical" international society. He argues that, contrary to conventional wisdom, war crimes trials are neither motivated nor influenced solely by abstract notions of justice. Instead, war crimes trials are the product of the interplay of political forces that have led to an inevitable clash between globalization and sovereignty on the sensitive question of who should judge war criminals. From Germany's Kaiser Wilhelm to the Japanese Emperor Hirohito, from the trials of Milosevic, Saddam Hussein, and Charles Taylor to Belgium's attempts to enforce the contested doctrine of "universal jurisdiction," Moghalu renders a compelling tour de force of one of the most controversial subjects in world politics. He argues that, necessary though it was, international justice has run into a crisis of legitimacy. While international trials will remain a policy option, local or regional responses to mass atrocities will prove more durable.

Comprehensive coverage of Chinese legality during the Xi era through ideology, law, and institutions. Explores events from ancient times to the present, including Xi's term limit issue, the Hong Kong protests, and the Covid-19 pandemic. An interdisciplinary text involving international collaboration, with authors from political science, sociology, and law backgrounds from the United States, United Kingdom, Australia, Hong Kong, China, and Taiwan.

Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China's legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China's newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China's deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China's domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China's most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

The Politics of Juridification offers a timely contribution to debates about how politics is being affected by the increasing relevance of judicial bodies to the daily administration of Western political communities. While most critical analyses portray juridification as a depoliticizing, de-democratizing transferral of political authority to the courts (whether national or international), this book centres on the workable ambivalence of such a far-reaching phenomenon. While juridification certainly intensifies the power and competences of judicial bodies to the disadvantage of representative political institutions, it cannot be easily reduced to the demise of democratic politics. By focusing on the multiple ways in which social agents make use of the law, The Politics of Juridification teases out the agential and transformative aspects of the various negotiations social agents engage with legal institutions with a view to obtaining political visibility. In particular, the book homes in on two seemingly distinct phenomena: on one hand, the regulation of sexuality and emerging kinship formations; on the other, the fragmentation of legal settings due to the claims to legal autonomy advanced by sub-state cultural and religious groups. By doing so, the book makes the case for an unexpected convergence between the struggles for legal recognition of sexual minorities and religious and cultural minorities. The conclusion is that juridification does entail normalization and favour the infiltration of law into the social realm. But because of its ambivalent nature, it can and does serve as an alternative vehicle for social change - one that attaches more importance to how social agents produce law on a daily basis and how this law permeates official legal orders.

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 current situation in Argentina is unprecedented. In compliance with prescribed timings and procedures, the crimes committed by the state in recent history are being prosecuted and penalized. This book traces the path of the trials for crimes against humanity in Argentina, from the Trial of the Juntas that began during the presidency of Raúl Alfonsín to current developments under Cristina Fernández de Kirchner, analysing the ideas of memory, truth and justice. In the volume, judges, lawyers, historians, journalists and witnesses from the era of terror give a lucid and critical reconstruction of the last thirty years. The contributors also point to other states where crimes against humanity are still being committed on a daily basis, despite being notionally proscribed. This book is translated from Spanish, originally appearing under the title Juicios por crímenes de lesa humanidad en Argentina (2011).

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.

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?

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.

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.

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.

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.

Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. So the law governing attempted crimes is of practical as well as theoretical importance. Questions arising in the adjudication of attempts intersect with questions in the philosophy of action, such as what intention a person must have, if any, and what a person must do, if anything, to be trying to act. Yaffe offers solutions to the difficult problems courts face in the adjudication of attempted crimes. He argues that the problems courts face admit of principled solution through reflection either on what it is to try to do something; or on what evidence is required for someone to be shown to have tried to do something; or on what sentence for an attempt is fair given the close relation between attempts and completions. The book argues that to try to do something is to be committed by one's intention to each of the components of success and to be guided by those commitments. Recognizing the implications of this simple and plausible position helps us to identify principled grounds on which the courts ought to distinguish between defendants charged with attempted crimes.

With the development of technology such as films,sound recordings and the Internet, performers have lost control over the exploitation of their performances. The perceived need to protect performers on an international basis - that is, in states in which they are foreigners - has led to provisions being included in three international instruments (the Rome Convention (1961), TRIPS (1994), and the WIPO Performances and Phonograms Treaty (1996)) that together form an international system of performers' rights. The scope of performers' rights protection is a contentious issue at the international level. The WIPO Performances and Phonograms Treaty nearly foundered on the issue of the level of protection to be granted to performers whose performances are exploited in films, videos and other audiovisual media; and a Diplomatic Conference held in Geneva in December 2000 failed to reach agreement on the terms of an international instrument protecting such performers. This is the first book in English to provide a comparative analysis of the protection afforded to performers in the international instruments. Although the focus is on establishing whether the international instruments provide an appropriate system of protection, attention is given to the key underlying issues: from whom or from what do performers need protection; can protection for performers be justified; what is a performance? Where appropriate, examples of domestic legislation and cases are drawn from the UK and other common law jurisdictions. This book will be of value to practitioners, academics and to government officials interested in determining the future shape of domestic law. It will also provide interesting and valuable assistance to officials in performers' and producers' unions and guilds.

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.

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.

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.

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.

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.

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.