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.

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 book discusses the basic theories and structures employed in handling the Central-SAR relationship under the "One Country, Two Systems" policy from the perspective of ruling by law. It also explores the fundamental principles and methods used in the division of powers between the central authorities and the SARs, and investigates the institutions responsible for handling the Central-SAR relationship and their practices. Further, it presents case studies since 1997 to help readers better understand the Central-SAR relationship. Lastly, the author raises some new questions for readers who want to further study this topic.

This book explores how the European Union has been responding to the challenge of diversity. In doing so, it considers the EU as a complex polity that has found novel ways for accommodating diversity. Much of the literature on the EU seeks to identify it as a unique case of cooperation between states that moves past classic international cooperation. This volume argues that in order to understand the EU's effort in managing the diversity among its members and citizens it is more effective to look at the EU as a state. While acknowledging that the EU lacks key aspects of statehood, the authors show that looking at the EU efforts to balance diversity and unity through the lens of state policy is a fruitful way to understand the Union. Instead of conceptualising the EU as being incomparable and unique which is neither an international organisation nor a state, the book argues that EU can be understood as a polity that shares many approaches and strategies with complex and diverse states. As such, its effort to build political structures to accommodate diversity offers lessons to other such polities. The experience of the EU contributes to the understanding of how states and other polities can respond to challenges of diversity, including both the diversity of constituent units or of sub-national groups and identities.

This book includes the reforms proposed by the various Caribbean Commissions since 1985, making it a comprehensive guide to constitutional law in the Caribbean. It outlines sources of the law and developing changes in the doctrine of sovereignty of Parliament and the Conventions of the Constitution as well as in the role of the Public Service. There is also an expanded commentary on the Caribbean judiciary in which special reference is made to the proposed Caribbean Court of Justice.Caribbean Constitutional Law will be valuable to students of law and political science and practitioners wishing to renew their acquaintance with the basic concepts of constitutional law.

The image of the pirate is at once spectral and ubiquitous. It haunts the imagination of international legal scholars, diplomats and statesmen involved in the war on terror. It returns in the headlines of international newspapers as an untimely 'security threat'. It materializes on the most provincial cinematic screen and the most acclaimed works of fiction. It casts its shadow over the liquid spatiality of the Net, where cyber-activists, file-sharers and a large part of the global youth are condemned as pirates, often embracing that definition with pride rather than resentment. Today, the pirate remains a powerful political icon, embodying at once the persistent nightmare of an anomic wilderness at the fringe of civilization, and the fantasy of a possible anarchic freedom beyond the rigid norms of the state and of the market. And yet, what are the origins of this persistent 'pirate myth' in the Western political imagination? Can we trace the historical trajectory that has charged this ambiguous figure with the emotional, political and imaginary tensions that continue to characterize it? What can we learn from the history of piracy and the ways in which it intertwines with the history of imperialism and international trade? Drawing on international law, political theory, and popular literature, The Pirate Myth offers an authoritative genealogy of this immortal political and cultural icon, showing that the history of piracy - the different ways in which pirates have been used, outlawed and suppressed by the major global powers, but also fantasized, imagined and romanticised by popular culture - can shed unexpected light on the different forms of violence that remain at the basis of our contemporary global order.

This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.

Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

Bringing together interconnected discussions to make explicit the complexity of the Arctic region, this book offers a legal discussion of the ongoing territorial disputes and challenges in order to frame their impact into the viability of different governance strategies that are available at the national, regional and international level. One of the intrinsic features of the region is the difficulty in the determination of boundaries, responsibilities and interests. Against this background, sovereignty issues are intertwined with environmental and geopolitical issues that ultimately affect global strategic balances and international trade and, at the same time, influence national approaches to basic rights and organizational schemes regarding the protection of indigenous peoples and inhabitants of the region. This perspective lays the ground for further discussion, revolving around the main clusters of governance (focusing on the Arctic Council and the European Union, with the particular roles and interest of Arctic and non-Arctic states, and the impact on indigenous populations), environment (including the relevance of national regulatory schemes, and the intertwinement with concerns related to energy, or migration), strategy (concentrating in geopolitical realities and challenges analysed from different perspectives and focusing on different actors, and covering security and climate change related challenges). This collection provides an avenue for parallel and converging research of complex realities from different disciplines, through the expertise of scholars from different latitudes.

Land Law and Policy in Papua New Guinea analyzes the policy considerations which underscore the mechanisms for regulation of land use through a comprehensive study of Papua New Guinea society.

Provides a framework for understanding of the legal, contractual and procedural implication of architectural practice. The book acts as a useful aide-memoire for students and practitioners based on the premise that smooth legal administration will provide the conditions under which client relations can be constructive and good design can be achieved.

The book applies an interdisciplinary analytical framework, based on social psychology theories of inclusion and exclusion, to a discussion of legal discourse and the development of legal frameworks in Europe concerning migrants, asylum seekers, refugees, and European citizens. It adopts a psycho-historical perspective to discuss the evolution of international and European law with regard to the rights of citizens and asylum-seeking non-citizens, from the law's inception following the Second World War up to present-day laws and policies. The book reveals the embracing of a European identity based on human rights as the common feature in European treaties and institutions, one that is focused on European citizens and has inclusionary objectives. However, a cognitive dissonance can also be found, as this common identity-making runs counter to national proclivities, as well as securitized, threat-perception-oriented perspectives that can produce exclusionary manifestations concerning persons seeking asylum. In particular, a view of inclusion and exclusion via legal categorizations of status, as well as distributions of social and economic rights, draws attention to the links between social psychology and international law. What emerges in the analysis: a process of creating value is present both at its psychological roots and the expressions of value in the law. Fundamentally speaking, the emergence of laws and policies that center on human beings and human dignity, when understood from a psychological and emotion-based perspective, has the potential to transcend the dissonances identified.

This publication addresses the issue of military spending from various angles by examining the impact of military expenditures on security; the relationship between military spending and the achievement of the 2030 Agenda for Sustainable Development; the importance of gender perspectives in rethinking unconstrained military spending; and lessons learned from economic conversion movements. It has been published in support of the Sustainable Development Goals and the Secretary-General's Agenda for Disarmament to encourage renewed research and analysis on the relationship between military spending and economic and social development.

In a moment where the EU is facing an important number of challenges, there is growing interest in understanding how parties influence the way Europe evolves as a political issue, notably how parties structure domestic competition over European issues and they mobilise sentiments in referenda over European integration . This book examines the views of national parties towards the European Union and the different facets of a supranational citizenship. It provides an in-depth investigation into the variations to the cross-national patterns in ten countries, including old and new member states and different EU regions. Using original and innovative concepts, data and research techniques the authors: Explore whether parties formulate specific positions and preferences on the most particular aspects of the EU process. Investigate whether the party's stance could be inserted into more pro-European, or more Eurosceptical attitudes. Illustrate patterns of party contestation of the EU issues in the member states and explains these patterns in the light of the main theoretical arguments. Making an important contribution to party attitudes towards the EU and the Europeanisation of party politics, this book will be of interest to students and scholars of European politics, sociology, comparative politics, government and party politics

State secrecy is increasingly used as the explanation for the shrinking of public discussion surrounding national security issues. The phrase that's classified" is increasingly used not to protect national secrets from legitimate enemies, but rather to stifle public discourse regarding national security. Washington today is inclined to see secrecy as a convenient cure to many of its problems. But too often these problems are not challenges to national security, they involve the embarrassment of political figures, disclosure of mismanagement, incompetence and corruption and even outright criminality.For national security issues to figure in democratic deliberation, the public must have access to basic facts that underlie the issues. The more those facts disappear under a cloak of state secrecy, the less space remains for democratic process and the more deliberation falls into the hands of largely unelected national security elites. The way out requires us to think much more critically and systematically about secrecy and its role in a democratic state.

Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.

For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an appreciation of the culture that produced them. This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book's final chapter. Through these cultural reference frames readers are provided with a set of interpretive tools to inform their understanding of the substance and institutions of the law. With a deeper understanding of this cultural context, international students will be empowered to more quickly adapt to their studies; more comprehensively understand the role of the attorney in the U.S. system; draw comparisons with their own domestic legal systems, and ultimately become more successful in their legal careers both in the U.S. and abroad.

Although the adoption of market reforms has been a key factor leading to China's recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining 'micro' or interpretive methods with 'macro' or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

This book unmasks the cultural and gender stereotypes that inform the legal regulation of the migrant. It critiques the postcolonial perspective on how belonging and non-belonging are determined by the sexual, cultural, and familial norms on which law is based as well as the historical backdrop of the colonial encounter, which differentiated overtly between the legitimate and illegitimate subject. The complexities and layering of the migrant's existence are seen, in the book, to be obscured by the apparatus of the law. The author elaborates on how law can both advance and impede the rights of the migrant subject and how legal interventions are constructed around frameworks rooted in the boundaries of difference, protection of the sovereignty of the nation-state, and the myth of the all-embracing liberal subject. This produces the 'Other' and reinforces essentialised assumptions about gender and cultural difference. The author foregrounds the perspective of the subaltern migrant subject, exposing the deeper issues implicated in the debates over migration and the rights claims of migrants, primarily in the context of women and religious minorities in India.

The history of bourgeois modernity is a history of the Enemy. This book is a radical exploration of an Enemy that has recently emerged from within security documents released by the US security state: the Universal Adversary. The Universal Adversary is now central to emergency planning in general and, more specifically, to security preparations for future attacks. But an attack from who, or what? This book - the first to appear on the topic - shows how the concept of the Universal Adversary draws on several key figures in the history of ideas, said to pose a threat to state power and capital accumulation. Within the Universal Adversary there lies the problem not just of the 'terrorist' but, more generally, of the 'subversive', and what the emergency planning documents refer to as the 'disgruntled worker'. This reference reveals the conjoined power of the contemporary mobilisation of security and the defence of capital. But it also reveals much more. Taking the figure of the disgruntled worker as its starting point, the book introduces some of this worker's close cousins - figures often regarded not simply as a threat to security and capital but as nothing less than the Enemy of all Mankind: the Zombie, the Devil and the Pirate. In situating these figures of enmity within debates about security and capital, the book engages an extraordinary variety of issues that now comprise a contemporary politics of security. From crowd control to contagion, from the witch-hunt to the apocalypse, from pigs to intellectual property, this book provides a compelling analysis of the ways in which security and capital are organized against nothing less than the 'Enemies of all Mankind'.

First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

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.

In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary.

This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of "legally relevant damage" and its importance in overcoming the deadlock created by the category of "pure economic loss" in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness ("Rechtswidrigkeit"), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects' freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.

This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public-private divide and seeks the systematic development of ideas for a fair and just family law in contemporary India. The book does not merely document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It lifts the familial veil and scrutinises the status, rights and disabilities of some of the subordinated members of the family. The volume is an invitation to redefine family law with the twin tools of reflection and responsibility. It will interest those in law judges, legislators, law reformers as well as those in women and family studies, policy makers and policy analysts, apart from the general reader.