Colonialism led to the importation, or better still imposition, of European administrative systems on the indigenous people of Africa. France specialized in this, practicing direct rule and an assimilation policy in their colonies up to the time of independence. In Cameroon, French administrative law ("droit adminstratif") became part of the national legal system. In this highly original new book, Cameroonian legal scholar Moye Godwin Bongyu explores the intersection of public administration and the state, colonization and administrative systems, public and private laws, rule of law, and comparative administrative law. He then addresses laws relating to administrative organization in Cameroon. Part Three of the book deals with laws governing administrative resources. Part Four describes practical administrative action and the civil procedure. Part Five focuses on the control to administrative action, examining the submission of the administration to specific law, as well as the history, rules, and procedures of administrative justice in Cameroon.

This book focuses on the development of artificial intelligence and rule of law in the current world. It covers topics such as AI strategy, policy, law, theoretical research, and practical application. Through an in-depth analysis and thorough evaluation, this book provides a more objective, fair, accurate and comprehensive report. The purpose is to lead the AI and rule of law research and create an AI and rule of law environment which is conducive to the construction of AI and rule of law system. In particular, it aims to play an active role in promoting the establishment of legal systems, policy systems, and codes of ethics that are compatible with the innovative development of AI, thus facilitating the implementation of a new generation of AI development strategies, and ensuring the safe, reliable, controllable, healthy, and sustainable development of AI.

This study considers the ftrst century of international adjudication as a permanent fixture of the international society. By using speciftc international courts to which I was attached, as either a researcher or an employee, I was allowed to consider the various limitations to effective adjudication on the international plane. I recall the day in January of 1992 when the seeds of this manuscript were ftrst planted. I was on the fourth-floor of the Loeb Building at Carleton University leafing through a copy of Thomas Burgenthal's International Human Rights Law in a Nutshell when I came upon a chapter on the Inter-American Court of Human Rights. "How could this be?", I thought. "A little known human rights court in a part of the world fraught with human rights abuses". That semester, I followed through on a course in international human rights law with Professor Maureen Davies and accepted a University Fellowship to do graduate work at Brock University (Canada) the following year. Supported in my interest by Professor James Patrick Sewell, I sought and received an Organization of American States Fellowship to spend an academic year studying the Inter American Court of Human Rights, in situ, in San Jose, Costa Rica. It is from this period that I witnessed ftrst-hand how the Inter-American Court, although similar on paper to the European Court of Human Rights, was limited in its effectiveness through the lack of ftnancing and stafftng allocated to it by American States.

By juxtaposing theoretical and legal frameworks and conceptual contexts alongside a wide distribution of geographical and temporal case studies, this book throws light upon the risks, and the realizations, of art and heritage destruction. Exploring the variety of forces that drive the destruction of heritage, the volume also contains contributions that consider what forms heritage destruction takes and in which contexts and circumstances it manifests. Contributors, including local scholars, also consider how these drivers and contexts change, and what effect this has on heritage destruction and how we conceptualise it. Overall, the book establishes the importance of the need to study the destruction of art and cultural heritage within a wider framework that encompasses not only theory, but also legal, military, social, and ontological issues. The Routledge Handbook of Heritage Destruction will contribute to the development of a more complete understanding and analysis of heritage destruction The Handbook will be useful to academics, students and professionals with an interest in heritage, conservation and preservation, history and art history, archaeology, anthropology, philosophy and law.

First introduced in the United States, whistleblower laws have become increasingly popular around the world. This book illustrates the regional efforts undertaken by European organizations to promote whistleblower protection in Europe. To provide context, the first part of the book presents an overview of the international best practices for whistleblowing legislation and explores the status of whistleblower under international law. It also assesses the global hot topics regarding whistleblowing, from the cases of Edward Snowden and Julian Assange to the silencing of whistleblowers during the COVID-19 pandemic. The following parts focus on the European approach to whistleblower laws. It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights' case law on whistleblowing under Article 10 of the European Convention on Human Rights. In the final part, the author analyzes the evolution of the European Union's approach to whistleblowing and the legal significance of the EU Whistleblower Directive adopted in 2019. In the respective parts, the author also examines the effectiveness of the international organizations' own internal rules on whistleblowing, from the United Nations and the World Bank Group to the Council of Europe and the European Union.

This is an increasingly timely book, focusing on issues arising from the impact of COVID-19 on the health care law of the Central and East European countries. It deals with dualism and system of health care law, depicts legal personality in the field of health care, examines property rights and turnover of human tissues, considers moral rights in this field, intellectual ownership in the field of medicine and pharmacy, contracts on health care and contracts on rendering medical services, the legal relationships of transplantology, post-mortem reproduction and donorship, features of family personal property rights in the field of health care, problems of legal regulation of medical workers labour, investigates private legal relationships of surrogate motherhood with foreign element. Special attention is given to the alternative resolution of health care disputes and impact of pandemic on the effective health rights protection. The book is intended for wide auditoria of scholars and practitioners, who engaged in health care rights protection, as well as judges and practicing lawyers, graduate and undergraduate students.

New economic conditions in the developed and newly industrializing world increasingly force us to question the foundations of existing international economic relationships. This study sheds some light on the complex relationship between law and economics. Beginning with the historical evidence of market structure, trade, and law, the work progresses to discuss transportation, export finance, marine insurance, and technology transfers. The author provides some interesting insights into and discussion on the future of international trade and the untested relationship between social and political chaos and the law.

International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

This book offers a comprehensive overview of international law in the light of contemporary challenges facing Central Asian States. The Central Asian States (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan) are increasingly gaining in significance as international players. During the Soviet period, they were only nominally sovereign States but since 1991, they became full-fledged members of the international community, and have, ever since, been constructing their respective schools of international law. Unresolved border disputes, regional migration, drug trafficking, human trafficking, disputes over water, the rise of terrorism are just a few challenges, which require Central Asian States´ cooperation among themselves, and with other States. The competing interests of especially China, Russia, the United States, and the European Union in the region are adding to the complex mosaic of regional dynamics. This study shows the relevance and utility of international law in resolving those issues, in the interdisciplinary context of international relations, international institutions, and sociology of law. From a pedagogical perspective, the book identifies challenges to teaching international law in Central Asia, including curricular issues, independence of higher education institutions, language issues, influence of various foreign schools of international law doctrine, etc., and explores ways to integrate the Central Asian schools of international law in a broader Asian and international picture.

This book provides readers with a critical analysis of the restorative justice efforts of the Ovaherero and Nama communities in Namibia, who contend that they should receive reparations for what happened to their ancestors during, and after the 1904–1908 German-Ovaherero/Nama war. Arguing that indigenous communities who once lived in a German colony called “German South West Africa� suffered from a genocide that could be compared to the World War II Holocaust Namibian activists sued Germany and German corporations in U.S. federal courts for reparations. The author of this book uses a critical genealogical approach to all of this “lawfare� (the politicizing of the law) in order to illustrate some of the historical origins of this quest for social justice. Portions of the book also explain some of the historical and contemporary realpolitik barriers that stood in the way of Ovaherero and Nama activists who were asking for acknowledgments of the “Namibian genocide,� apologies from German officials, repatriation of human remains from colonial times as well as restitution that might help with land redistribution in today’s Namibia. This book shows many of the difficulties that confront those indigenous communities who ask twenty-first century audiences to pay restitution for large-scale colonial massacres or imperial genocides that might have taken place more than a hundred years ago.

The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network.This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has also greatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely "liking" certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.

This historical annual is the major publication in the general area of the history of crime, the criminal courts, policing, and punishment in all geographical regions from ancient to modern times. In addition to analytical articles, the annual provides reviews of the major books in these subjects and areas, and book review essays on new findings and methodologies. In this volume, the annual provides examinations of crime and penal practices in Germany during the late Middle Ages and Renaissance as well as German views of American crime during the 1920s and 30s. In addition, the relationship between theology and penal practices in the early American republic is explored as are the labeling of dissidents, children and crime in Victorian England, and criminal justice and labor recruitment among Melanesian workers in 1890s Queensland. These essays as well as the book surveys are essential reading for students and scholars in criminology, criminal justice, and the history of policing.

This is the second edition of a tax reference which brings together information on the provisions of 58 tax treaties between 12 major trading nations - Australia, Brazil, Canada, France, Germany, Italy, Japan, the Netherlands, Spain, Switzerland, UK and USA. The guide for revenue officials and tax advisors examines the background of double tax agreements and how they are brought into force. Further sections deal with matters including equipment leasing, the problem of treaty overrides and taxation of sportsmen and entertainers, and transfer pricing.;Article by article, the book reproduces the text of the the OECD Model and provides a short additional commentary. This is followed by an analysis of each countries treaties with each of the other countries dealt with in the book, including details of where they deviate from the OECD model.;"Tax Treaty Networks" also provides help in interpreting special wording used in other treaties by any of the 12 treaty partners - which should also be useful in interpreting the wording of treaties made by countries outside the present scope of the book.

For upper-level undergraduate and MBA students enrolled in an international business law course. August emphasizes the diversity and similarity of how firms are currently regulated and governed around the world.

Study of Vitoria by a leading figure in twentieth-century international law. Originally published: Oxford: Clarendon Press, 1934. 19a, 288, 6], clviii pp. Francisco de Vitoria c.1483-1546] was a founder of international law. Scott holds that Vitoria's doctrines, popularized in his important Reflectiones, De Indis Noviter Inventis and De Jure Belli (the text of these are included in the appendix), are in fact the first works to address the law of nations, which was to become the international law of Christendom and the world at large.
Vitoria held that pagans were entitled to freedom and property, declared slavery to be unsound and upheld the rights of Indians. He also questioned the legitimacy of Spain's recent conquest of the New World. This was the source of his thesis that the community of nations transcends Christendom.
One of the greatest figures in modern international law, James Brown Scott 1866-1943] was the guiding force behind the American Society of International Law, and was editor-in-chief of the American Journal of International Law. He played a key role in several important diplomatic conferences and was secretary of the Carnegie Endowment for International Peace. His books include The American Institute of International Law: Its Declaration of the Rights and Duties of Nations (1916), The Catholic Conception of International Law (1934) and Law, The State and the International Community (1939).

The Nazis and their state-sponsored cohorts stole mercilessly from the Jews of Europe. In the aftermath of the Holocaust, returning survivors had to navigate a frequently unclear path to recover their property from governments and neighbors who had failed to protect them and who often had been complicit in their persecution. While the return of Nazi-looted art has garnered the most media attention, and there have been well-publicized settlements involving stolen Swiss bank deposits and unpaid insurance policies, there is a larger piece of Holocaust injustice that has not been adequately dealt with: stolen land and buildings, much of which today still remain unrestituted. This book is about the less publicized area of post-Holocaust restitution involving immovable (real) property confiscated from European Jews and others during World War II. In 2009, 47 countries convened in Prague to deal with the lingering problem of restitution of pre-war private, communal and heirless property stolen in the Holocaust. The outcome was the issuance by 47 states of the Terezin Declaration on Holocaust Era Assets and Related Issues, which aimed, among other things, to "rectify the consequences" of the wrongful property seizures. This book sets forth the legal history of Holocaust immovable property restitution in each of the Terezin Declaration signatory states. It also analyses how each of the 47 countries has fulfilled the standards of the Guidelines and Best Practices of the Terezin Declaration, issued in 2010 in conjunction with the establishment of the European Shoah Legacy Institute (ESLI) to monitor compliance. The book is based on the Holocaust (Shoah) Immovable Property Restitution Study commissioned by ESLI, written by the authors and issued in Brussels in 2017 before the European Parliament.

This book discusses the overall development and use of smart courts from the perspective of system-of-systems engineering (SoSE) and its methodology, analyzes the relationships between the components, structures, environments, and functions of various systems, and illustrates the basic approaches to system design, specification, integration, operation and management. As the general introductory book of the China Smart Court Development Series, this book provides an overview of the development of Chinese people's courts in the application of information technology over the past two decades and outlines the key areas of exploration in the Smart Court SoSe project centered on the development practices during the 13th Five-Year Plan period. It also forecasts the future development and evolution of the smart court information system. The key topics introduced in the book, including the overall design of complex information systems, integrated interconnection networks-based system integration, judicial big data quality control and analytics services, various types of AI-enabled judicial services, quality and efficiency-oriented operation and maintenance services for large-scale information systems, etc., all came from the basic research of information science and theories, as well as the systems engineering practices of the Smart Court SoSe project. They not only reflect the latest findings on systems engineering and architecture methods in China and overseas, but also reveal many innovative approaches to SoSE methods and paradigms, which can be used for the design and continued development of smart courts at a new and higher starting point. It is believed that they can also serve as good examples and reference points for the development in IT application and complex information systems engineering in other sectors.

This book presents the latest and most relevant studies, surveys, and succinct reviews in the field of financial crimes and cybercrime, conducted and gathered by a group of top professionals, scholars, and researchers from China, India, Spain, Italy, Poland, Germany, and Russia. Focusing on the threats posed by and corresponding approaches to controlling financial crime and cybercrime, the book informs readers about emerging trends in the evolution of international crime involving cyber-technologies and the latest financial tools, as well as future challenges that could feasibly be overcome with a more sound criminal legislation framework and adequate criminal management. In turn, the book highlights innovative methods for combating financial crime and cybercrime, e.g., establishing an effective supervision system over P2P; encouraging financial innovation and coordination with international anti-terrorism organizations and multiple countries; improving mechanisms for extraditing and punishing criminals who defect to another country; designing a protection system in accordance with internationally accepted standards; and reforming economic criminal offenses and other methods that will produce positive results in practice. Given its scope, the book will prove useful to legal professionals and researchers alike. It gathers selected proceedings of the 10th International Forum on Crime and Criminal Law in the Global Era (IFCCLGE), held on Nov 20-Dec 1, 2019, in Beijing, China.

It contributes to the field of posthumanism through its application of posthuman feminism to international law Interdisciplinary approach. Will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.

This book is the first book focusing on the Chinese law of unjust enrichment in English and introducing it to Western jurisdictions. Unjust enrichment is currently one of the most controversial areas of law in many jurisdictions and rife with academic debate. This book analyzes the historical evolution, current doctrines, and relationships of unjust enrichment with other areas of private law in China . It also provides insights into judicial practice. In May 2020, China promulgated its first-ever Civil Code since the establishment of the People's Republic of China, which is a milestone in the history of Chinese law. Before the Civil Code, there was only one legal provision regulating unjust enrichment, which requires a person obtaining benefits "without a legal basis" to return such benefits. However, the new Civil Code contains a separate chapter regulating unjust enrichment. This book analyzes and evaluates those new provisions in the Civil Code to provide a most up-to-date analysis of the Chinese law of unjust enrichment.

This book investigates the regulation and promotion of financial inclusion and provides a comparative analysis of the regulation, promotion and enforcement of the relevant laws in the SADC (in particular, South Africa, Namibia, Botswana and Zimbabwe), as well as the challenges of financial inclusion. In turn, it evaluates financial inclusion in the context of specific challenges faced by unbanked and underbanked customers, who are easy targets for cyber criminals because they tend to have lower levels of digital literacy. The book presents novel discussions that identify the challenges and flaws associated with the enforcement of financial inclusion laws and related measures intended to promote financial inclusion in the SADC region. This is primarily done in order to reveal the current strengths and weaknesses of financial inclusion laws in relation to certain aspects of the companies, securities and financial markets in the region. For example, there is no common financial inclusion instrument/law that is effectively and uniformly applied throughout the SADC. This has impeded the enforcement authorities' efforts to effectively combat financial exclusion across the region.The book is likely the most comprehensive study to date on the regulation and promotion of financial inclusion in the SADC region and fills a major gap in SADC and African legal jurisprudence. As such, it offers a valuable asset for policymakers, attorneys, bankers, securities (share) holders, and other market participants who deal with financial inclusion, as well as undergraduate and graduate students interested in the topic.