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Books > Law > International law > General

The History and Theory of International Law (Hardcover): Jean d'Aspremont The History and Theory of International Law (Hardcover)
Jean d'Aspremont
R18,187 Discovery Miles 181 870 Ships in 12 - 17 working days

The essays populating these two volumes provide a comprehensive account of existing scholarly debates on the history and theory of international law. This authoritative collection, with contributions by leading academics, covers a wide range of important topics such as primitive legal scholarship, medieval law and the Grotian Tradition. With subtopics including the markers, heroes and making of international law, and an original introduction by the editor, this extensive collection will appeal to a wide variety of researchers in the field of legal history and theory, as well as students and scholars alike.

Chinese State Owned Enterprises and EU Merger Control (Hardcover): Alexandr Svetlicinii Chinese State Owned Enterprises and EU Merger Control (Hardcover)
Alexandr Svetlicinii
R1,519 Discovery Miles 15 190 Ships in 12 - 17 working days

This book analyzes the specifics of corporate governance of China's State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission's screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.

Disrupting Copyright - How Disruptive Innovations and Social Norms are Challenging IP Law (Hardcover): Margery Hilko Disrupting Copyright - How Disruptive Innovations and Social Norms are Challenging IP Law (Hardcover)
Margery Hilko
R4,131 Discovery Miles 41 310 Ships in 10 - 15 working days

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.

Issues in International Commercial Law (Paperback): Iwan Davies Issues in International Commercial Law (Paperback)
Iwan Davies
R1,185 Discovery Miles 11 850 Ships in 12 - 17 working days

Originally published in 2005. It is now possible to identify, within the discipline of law, a distinct body of international commercial law. This engaging book consists of a wide-ranging series of essays which demonstrates the breadth and scope of the subject matter of international commercial law. Many of the themes identified bridge both national and international commercial law. The volume consists of three parts: Credit and Security; Contractual Issues; International Commercial Regulation. It is evident that international commercial law is concerned with private and public law within which there are particular disciplines ranging from banking law, e-commerce, intellectual property, insolvency and increasingly international regulation through criminal law extending beyond frontiers.

Mediation and Commercial Contract Law - Towards a Comprehensive Legal Framework (Hardcover): Maryam Salehijam Mediation and Commercial Contract Law - Towards a Comprehensive Legal Framework (Hardcover)
Maryam Salehijam
R4,054 Discovery Miles 40 540 Ships in 12 - 17 working days

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Law and the Dead - Technology, Relations and Institutions (Paperback): Marc Trabsky Law and the Dead - Technology, Relations and Institutions (Paperback)
Marc Trabsky
R1,253 Discovery Miles 12 530 Ships in 12 - 17 working days

The governance of the dead in the eighteenth and nineteenth centuries gave rise to a new arrangement of thanato-politics in the West. Legal, medical and bureaucratic institutions developed innovative technologies for managing the dead, maximising their efficacy and exploiting their vitality. Law and the Dead writes a history of their institutional life in the nineteenth and twentieth centuries. With a particular focus on the technologies of the death investigation process, including place-making, the forensic gaze, bureaucratic manuals, record-keeping and radiography, this book examines how the dead came to be incorporated into legal institutions in the modern era. Drawing on the writings of philosophers, historians and legal theorists, it offers tools for thinking through how the dead dwell in law, how their lives persist through the conduct of office, and how coroners assume responsibility for taking care of the dead. This historical and interdisciplinary book offers a provocative challenge to conventional thinking about the sequestration of the dead in the nineteenth and twentieth centuries. It asks the reader to think through and with legal institutions when writing a history of the dead, and to trace the important role assumed by coroners in the governance of the dead. This book will be of interest to scholars working in law, history, sociology and criminology.

Corporate Liability for Insider Trading (Paperback): Juliette Overland Corporate Liability for Insider Trading (Paperback)
Juliette Overland
R1,263 Discovery Miles 12 630 Ships in 12 - 17 working days

Corporate Liability for Insider Trading examines the reasons why there have been no successful criminal prosecutions, or successful contested civil proceedings, against corporations for insider trading, and analyses the various rationales for prohibiting insider trading. It reviews the insider trading regulatory regime and describes its key features, using both national and international examples. The book inspects a variety of criminal and civil models of corporate liability and considers the historical and theoretical basis on which corporations are subject to insider trading laws. The specific elements of the insider trading offence and the manner in which they are attributed to corporations are analysed in detail. Defences available to corporations such as Chinese Walls are explored, and the obligations that are imposed on businesses as a result of insider trading regulation - security trading policies and notifications, continuous disclosure obligations, and duties concerning conflicts of interest - are detailed and examined. The book concludes with reform proposals intended to remedy the many legal and commercial difficulties identified, in order that a new regulatory regime might be adopted to better serve regulators, businesses, investors, and the broader market. This volume addresses these corporate law topics and will be of interest to researchers, academics, financial institution compliance officers, investment bankers, corporate and comparative lawyers, and students and scholars in the fields of commercial law, corporate law, financial crime, company law, and white collar crime

UN Convention on the Law of the Sea and the South China Sea (Paperback): Shicun Wu, Mark Valencia, Nong Hong UN Convention on the Law of the Sea and the South China Sea (Paperback)
Shicun Wu, Mark Valencia, Nong Hong
R1,286 Discovery Miles 12 860 Ships in 12 - 17 working days

Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.

EU and CARICOM - Dilemmas versus Opportunities on Development, Law and Economics (Hardcover): Stephen Hardy, Winfried Huck,... EU and CARICOM - Dilemmas versus Opportunities on Development, Law and Economics (Hardcover)
Stephen Hardy, Winfried Huck, Alicia Elias Roberts
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

Investigating the unique EU-CARICOM legal relationship, this book explores the major theme of globalisation, which shapes inter-regional organisations individually and determines their relationship to one another. It evaluates how EU-CARICOM relations have fostered trade, security and other development measures, reflecting on the past, future and present of the Caribbean states that are active in the EU-CARICOM framework. Providing case studies on key issues such as immigration, tax and energy, it examines the impact that the EU-CARICOM has on the slave trade and the deportation of millions of people. Such bitter experiences still indirectly shape culture, hopes and the economic framework of possibilities today; therefore, the focus of the volume is on the issues which the constant stream of globalisation creates. The book assesses many potential impacts that the agenda of the EU and Brexit pending will have upon the EU-CARICOM relationship, given the potential for these to create instability. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM.

Tax Sovereignty and the Law in the Digital and Global Economy (Hardcover): Francesco Farri Tax Sovereignty and the Law in the Digital and Global Economy (Hardcover)
Francesco Farri
R4,342 Discovery Miles 43 420 Ships in 12 - 17 working days

This book discusses which is the most appropriate tax dimension to best manage the new horizons of the global and digital economy. In this perspective, the efficiency of the main models is examined and two fundamental proposals are put forth: the first one aims at a coordination of the Destination-Based approach with the role of some specific digital assets, such as user data; the second one is a framework for a possible futuristic tax phenomenon all internal to the world of the internet and not linked to traditional territorial States. The compliance of these models with the constitutional principles that western democratic systems have affirmed over time in matters of taxation is then analyzed with particular regard to legal certainty, consent to taxation and to the re-distributive function of taxes. A specific evaluation of the role of the European Union is carried out and the jurisprudence on financial interests of the Union and on State aids is analyzed and tackled in light of the Treaty on the Functioning of the European Union and of the tax sovereignty of member States. The conclusion is that the model of the organization with a general political purpose, from which modern States take their inspiration, appears unfailing for a tax project that would focus on the good and the growth of the person and of the social aggregations in which everyone lives. A model that therefore deserves to be safeguarded, although with new methods and instruments, starting from a Destination-Based Asset-Coordinated approach, in the Third Millennium. The book will be of interest to researchers and academics in international tax law, constitutional law and in political science.

Copyright, Creativity, Big Media and Cultural Value - Incorporating the Author (Hardcover): Kathy Bowrey Copyright, Creativity, Big Media and Cultural Value - Incorporating the Author (Hardcover)
Kathy Bowrey
R4,054 Discovery Miles 40 540 Ships in 12 - 17 working days

As the publishing, film and music industries are dominated by Big Media conglomerates, there is often recourse to simplistic ideological and conspiratorial readings of industry dynamics. Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author explains why copyright is much more than a creator's private property right or a mechanism through which corporations control cultural production and influence mass consumption choices. The volume is grounded in extensive, painstakingly detailed and colourful original archival research into business histories of major successful artists including Conan Doyle, Hall Caine, Margaret Atwood, Dame Nellie Melba, Radiohead and Banksy, and the industries and genres that grew up around their activities. Chapters address big questions about how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries. It includes discussion of the creation of new formats, the interplay between old media and new technologies, international copyright reform and cross-industry relations. Copyright, Creativity, Big Media and Cultural Value is a wide-ranging and important resource for students and practitioners of law and policy, media studies, cultural studies and literary history.

Intellectual and Cultural Property - Between Market and Community (Hardcover): Fiona Macmillan Intellectual and Cultural Property - Between Market and Community (Hardcover)
Fiona Macmillan
R4,054 Discovery Miles 40 540 Ships in 12 - 17 working days

This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not - and, indeed, should not - control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.

The Routledge Handbook on the International Dimension of Brexit (Hardcover): Ramses A. Wessel, Juan Santos Vara The Routledge Handbook on the International Dimension of Brexit (Hardcover)
Ramses A. Wessel, Juan Santos Vara
R6,278 Discovery Miles 62 780 Ships in 12 - 17 working days

This handbook provides comprehensive and expert analysis of the impact of the Brexit process and the withdrawal of the United Kingdom from the European Union on existing and future EU-UK relations within the context of both EU and international law. Examining the wider international law implications, it additionally assesses the complex legal consequences of Brexit for both the EU and the UK in their dealings with third states and other international organizations. With contributions from renowned specialists in the field of EU external action, each chapter will analyse specific policy areas to address key challenges arising from the Brexit process for the EU and the UK and propose solutions to overcome these problems. The handbook aims to fill a gap in research by assessing the consequences of Brexit under EU external relations law and international law. As such, it is hoped it will set the research agenda for coming years on the international dimension of Brexit. The Routledge Handbook on the International Dimension of Brexit is an authoritative and essential reference text for scholars and students of international and European/EU law and policy, EU politics, and British Politics and Brexit, as well as of key relevance to legal practitioners involved in Brexit, governments, policy-makers, civil society organizations, think tanks, practitioners, national parliaments and the Court of Justice.

Armed Drones and Globalization in the Asymmetric War on Terror - Challenges for the Law of Armed Conflict and Global Political... Armed Drones and Globalization in the Asymmetric War on Terror - Challenges for the Law of Armed Conflict and Global Political Economy (Paperback)
Fred Aja Agwu
R1,122 Discovery Miles 11 220 Ships in 12 - 17 working days

This book is a critical exploration of the war on terror from the prism of armed drones and globalization. It is particularly focused on the United States' use of the drones, and the systemic dysfunctions that globalization has caused to international political economy and national security, creating backlash in which the desirability of globalization is not only increasingly questioned, but the resultant dissension about its desirability appears increasingly militating against the international consensus needed to fight the war on terror. To underline the controversial nature of the "war on terror" and the pragmatic weapon (armed drones) fashioned for its prosecution, some of the elements of this controversy have been interrogated in this book. They include, amongst others, the doubt over whether the war should have been declared in the first place because terrorist attacks hardly meet the United Nations' casus belli - an armed attack. There are critics, as highlighted in this book, who believe that the "war on terror" is not an armed conflict properly so called, and, thus, remains only a "law enforcement issue." The United States and all the states taking part in the war on terror are obligated to observe International Humanitarian Law (IHL). It is within this context of IHL that this book appraises the drone as a weapon of engagement, discussing such issues as "personality" and "signature" strikes as well as the implications of the deployment of spies as drone strikers rather than the Defence Department, the members of the U.S armed forces. This book will be of value to researchers, academics, policymakers, professionals, and students in the fields of security studies, terrorism, the law of armed conflict, international humanitarian law, and international politics.

Regional Developmentalism through Law - Establishing an African Economic Community (Paperback): Jonathan Bashi Rudahindwa Regional Developmentalism through Law - Establishing an African Economic Community (Paperback)
Jonathan Bashi Rudahindwa
R1,240 Discovery Miles 12 400 Ships in 12 - 17 working days

Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent's approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.

Indonesian Company Law (Paperback): Soonpeel Edgar Chang Indonesian Company Law (Paperback)
Soonpeel Edgar Chang
R1,238 Discovery Miles 12 380 Ships in 12 - 17 working days

In modern countries, a company is commonly categorized as either public or privately-held, depending on whether securities are publicly traded on the open market, into a government-owned company or private company depending on government ownership, or a financial company or non-financial company depending on its main business, and so on. Of course, these categories are generally used in Indonesia as well. A unique aspect in Indonesia is that a well-settled legal practice mainly uses a dichotomy of company types that is rarely popular in foreign countries: a company with foreign direct investment (penanaman modal asing, or PMA) or company with 100% domestic direct investment (penanaman modal dalam negeri, or PMDN). Government plans concerning how to differently regulate these companies frequently becomes a national issue, as it is one of the main standards to evaluate how effectively and willingly the Indonesian government develops its economic policies. Laws, regulations, and actual legal practice also treat the two types of companies differently, based on whether a company has a foreign shareholder. Although many foreign countries are also equipped with similar regulations over companies with foreign direct investment, Indonesia distinctively applies this dichotomy for much wider uses for several reasons. This book is designed to assist students, practitioners, and researchers with clear and comprehensive treatment of key concepts in Indonesian company law. Significant business, economic, and policy issues are highlighted together with a thorough analysis of the important statutory provisions and cases used in the study of Indonesian company law. The book includes the major theoretical approaches used in current company law literature and statutory issues are covered under both the 2007 Indonesian Company Act and the 2007 Indonesian Capital Investment Act. The book will be an essential reference for investors and businesses contemplating entering the Indonesian Market.

State Interest and the Sources of International Law - Doctrine, Morality, and Non-Treaty Law (Paperback): Markus P. Beham State Interest and the Sources of International Law - Doctrine, Morality, and Non-Treaty Law (Paperback)
Markus P. Beham
R1,240 Discovery Miles 12 400 Ships in 12 - 17 working days

This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.

The Rule of Unwritten International Law - Customary Law, General Principles, and World Order (Paperback): Peter G. Staubach The Rule of Unwritten International Law - Customary Law, General Principles, and World Order (Paperback)
Peter G. Staubach
R1,239 Discovery Miles 12 390 Ships in 12 - 17 working days

This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek's theory of law as a 'spontaneous order', an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.

The Judicialization of Politics in Pakistan - A Comparative Study of Judicial Restraint and its Development in India, the US... The Judicialization of Politics in Pakistan - A Comparative Study of Judicial Restraint and its Development in India, the US and Pakistan (Paperback)
Waris Husain
R1,239 Discovery Miles 12 390 Ships in 12 - 17 working days

Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament's laws and the Prime Minister's acts. This hyper-activism was on display during the Supreme Court's unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court's practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court's decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States' and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court's overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan's recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States' to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.

Armed Conflict and Forcible Displacement - Individual Rights under International Law (Paperback): Elena Katselli Proukaki Armed Conflict and Forcible Displacement - Individual Rights under International Law (Paperback)
Elena Katselli Proukaki
R1,246 Discovery Miles 12 460 Ships in 12 - 17 working days

This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.

Peacemaking, Religious Belief and the Rule of Law - The Struggle between Dictatorship and Democracy in Syria and Beyond... Peacemaking, Religious Belief and the Rule of Law - The Struggle between Dictatorship and Democracy in Syria and Beyond (Paperback)
Paul J Zwier
R1,271 Discovery Miles 12 710 Ships in 12 - 17 working days

This book offers a new way of understanding the role of the mediator in teaching parties the interrelationship between sustainable peace, forgiveness, and international justice. It argues that the arrival of social media presents new opportunities for reaching sustainable peace agreements, through their use in gathering the detailed information that can match victims and perpetrators of past atrocities. The author aims to advance a more expansive understanding of the subjects and limitations of making peace in the shadow of international law by examining the concepts of mediation and forgiveness that exist alongside law. To that end, the book offers an account of the role of the mediator that emerges from the interplay between Ricouerian imagination and forgiveness and predicts ever-greater opportunities for making peace and protecting human rights that can be facilitated by a harnessing of social media as a tool for making peace with justice. The author also aims to examine how strategies for sustaining the peace must combat the inevitable frustrations with democracy that can lead to a slide into dictatorship. Assad, Obama, and the UN leadership and their decisions concerning making and maintaining peace in Syria are used as case studies to examine the interplay between a leaders' religious beliefs, faith in democracy and rule of law, and impulses towards totalitarianism.

International Environmental Risk Management - A Systems Approach (Hardcover, 2nd edition): Robert A. Woellner, John Voorhees,... International Environmental Risk Management - A Systems Approach (Hardcover, 2nd edition)
Robert A. Woellner, John Voorhees, Christopher L Bell
R3,328 Discovery Miles 33 280 Ships in 12 - 17 working days

Based on the first edition with extensive analysis of practical applications of environmental risk management and compliance management systems, this second edition of International Environmental Risk Management reflects updates made in the understanding and application of risk management best practices and makes available a frame of reference and systematic approach to environmental and social governance (ESG). It provides a pathway for readers to implement environmental management strategies that can be integrated with core operations and other risk management efforts, including supporting sustainability and corporate social responsibility initiatives associated with climate change, the circular economy or supply chain conditions, as well as enterprise risk management; anti-bribery, and other compliance management systems. This book provides in-depth discussions of ways to use global environmental management standards. New features in this edition: Combines EMS standards with discussion of specific principles, other authors' research, and guidelines on management practices. Provides guidelines on how to prepare for, anticipate, and resolve environmental issues. Includes easily understandable information for all readers and is not simply aimed toward individuals who are knowledgeable about this topic. Provides in-depth discussions on using global environmental management standards to manage risk and promote resilience, as well as legal strategies and voluntary initiatives that companies can utilize to minimize risk. Accounts for the substantive revisions in ISO 14001:2015. As a growing and rapidly changing field, it is necessary to address new issues, guidelines, and regulations to assist businesses, academia, students, consultants, lawyers, and environmental managers with a pragmatic resolution to environmental risk management issues. This second edition gives a broad and detailed analysis of the changes made to international standards and practices and serves as an excellent guide to managing environmental risk.

Regionalism and Multilateralism - Politics, Economics, Culture (Paperback): Thomas Meyer, Jose Luis De Sales Marques, Mario Telo Regionalism and Multilateralism - Politics, Economics, Culture (Paperback)
Thomas Meyer, Jose Luis De Sales Marques, Mario Telo
R1,173 Discovery Miles 11 730 Ships in 12 - 17 working days

This book discusses the impact of cultural diversities and identities on regional and interregional cooperation, as well as on multilateralism. Employing a comparative approach to organizations such as ASEAN, MERCOSUR, SAARC, and the African and European Unions, this volume seeks to understand their distinctive features and patterns of interaction. It also explores the diffusion of multidimensional interregional relations, including but not limited to the field of trade. Scholars from several disciplines and four continents offer insights concerning the consequences of both multiple modernities and the rise of authoritarian populism for regionalism, interregionalism, and multilateralism. The Covid-19 pandemic confirmed the decline of hegemonic multilateralism. Among alternative possible scenarios for global governance, the "new multilateralism" receives special attention. This book will be of key interest to European/EU studies, economics, history, cultural studies, international relations, international political economy, security studies, and international law.

Philosophies of Polar Law (Hardcover): Dawid Bunikowski, Alan D. Hemmings Philosophies of Polar Law (Hardcover)
Dawid Bunikowski, Alan D. Hemmings
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

Analysing the most important concepts and problems of the philosophy of polar law, this book focuses on the legal regimes relating to both the Arctic and Antarctic. The book addresses the most fundamental concepts and problems of polar law, looking beyond the apparent biophysical similarities and differences of the two polar regions, to tackle the distinctive legal problems relating to each polar region. It examines key legal-philosophical areas of the philosophy of law around legal interpretation; the role of nation states, reflected in concepts of territorial sovereignty - whether recognised or merely asserted, the exercise of jurisdiction, and the philosophical justifications for such claims; as well as indigenous rights, land rights, civil commons and issues of justice. The book will be of interest to students and scholars of polar law, land law, heritage law, international relations in the polar regions and the wider polar social sciences and humanities.

International Taxation Law in Sports Events (Hardcover): Alara Efsun Yazicioglu International Taxation Law in Sports Events (Hardcover)
Alara Efsun Yazicioglu
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

This book is the first academic contribution that deals with international taxation of income sources from sports events. Using an interdisciplinary approach, with in-depth analysis of both sports law and international tax law, it is notably the first academic work to conduct a thorough analysis in the fields of international taxation of eSports, sports betting as well as illegal/unlawful income sources that may be obtained in relation to a sporting event, such as kickback payments. After describing the general methodologies of income tax and VAT from an international standpoint, defining key terms such as 'eSports' and 'bidding procedure', the book examines in detail the taxation of the services that are rendered and the goods that are sold, thereby the income obtained, in relation to an international sports event from both income tax and VAT perspectives. Also analysed are government funding in the sports sector, along with its taxation modalities, as well as specific tax exemption regulations enacted for the purposes of mega sporting events. Highlighting the absence of an acceptable level of certainty in the field of taxation of international sports events, the work makes pertinent suggestions as to the future of international sporting event taxation law. With international appeal, this comprehensive book constitutes essential reading for tax and sports law scholars.

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