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Books > Law > International law > General
This edited volume explores recent research and developments in the study of organized crime. It covers six key areas: drug-related issues; human trafficking and prostitution; sports and crime; procurement and corruption; and enforcement and prevention. The contributors provide timely research for understanding various aspects of organized crime, as well as the responses that have been developed worldwide to prevent and contain them. These contributions were presented at seminars of the Centre for Information and Research on Organized Crime (CIROC). It will be of interest to researchers in Criminology and Criminal Justice, particularly with an interest in organized crime and criminal networks, as well as related fields such as Comparative Law, and Political Science. This collection represents the most current thinking on entrenched problems of organized crime....This book is an important contribution in developing new approaches to organized crime and its control. - Jay S. Albanese, Ph.D., Professor and Chair, Criminal Justice Programs, Virginia Commonwealth University The book is very well organised and written and deals with a diversity of topics and approaches. - Ernesto U.Savona, Director of Transcrime, Professor of Criminology, Universita Cattolica del Sacro Cuore, Milan
This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.
With the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising - and new answers being given - even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.
This book explores the role of gender in the recognition of an individual's legal capacity. It discusses the meaning of the right to legal capacity and its two core elements - legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities - for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world - including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.
This handbook offers a comprehensive overview of the most important and fundamental elements for the management of team sports organisations. It is intended to meet the needs of full-time and voluntary individuals in management positions in professional and semi-professional sports clubs, leagues and federations, and those who aspire to such positions. In addition to management-relevant aspects, its interdisciplinary approach also includes the basics of law and media, which are vital to the successful management of team sports organisations. Bringing together experts from the respective disciplines, the book's content is presented in a clear and straightforward manner, facilitating its implementation in practice.
By making a comprehensive and interdisciplinary analysis on the translation history of both the ancient Chinese legal classics and the modern laws and regulations, this book presents a full picture of development of Chinese legal translation. Legal translation in China has undergone twists and turns in the past and always lacked a systematic and comprehensive theoretical framework. Therefore, guided by the language planning theory, this book intends to build a theoretical framework for study and practices of legal translation in the New Era and provide a feasible path for general readers, students of relevant majors, and professionals interested in Chinese legal culture to get a refreshed understanding legal translation and legal culture promotion.
The Convention on the Future of Europe served to galvanize debate about the nature and future developmental trajectory of the European Union. More specifically, it engendered discussion over the degree to which the process resembled that which had occurred in Philadelphia some two hundred years earlier, and, more broadly, over the extent to which the European Union does, or should, resemble the United States. Partly as a consequence of such debates, comparative federalism is now an important topic, with scholarly work comparing the US and EU proliferating rapidly. The present volume seeks to build on and contribute to this growing literature, by developing a systematic comparison of the institutions, policies and developmental patterns of the European Union and the United States.
The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts' judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive. Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention. This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.
This book introduces "biolaw" as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term "biolaw" is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an "evolutionary" approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.
The Handbook of European Security Law and Policy offers a holistic discussion of the contemporary challenges to the security of the European Union and emphasizes the complexity of dealing with these through legislation and policy. Considering security from a human perspective, the book opens with a general introduction to the key issues in European Security Law and Policy before delving into three main areas. Institutions, policies and mechanisms used by Security, Defence Policy and Internal Affairs form the conceptual framework of the book; at the same time, an extensive analysis of the risks and challenges facing the EU, including threats to human rights and sustainability, as well as the European Union's legal and political response to these challenges, is provided. This Handbook is essential reading for scholars and students of European law, security law, EU law and interdisciplinary legal and political studies.
This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO). ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces. Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems. The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.
This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.
This book provides a critical examination of the foreign policy choices of one typical small state, New Zealand, as it faces the changing global balance of power. New Zealand's foreign policy challenges are similar with those faced by many other small states in the world today and are ideally suited to help inform theoretical debates on the role of small states in the changing international system. The book analyses how a small state such as New Zealand is adjusting to the changing geopolitical, geo-economic, environment. The book includes perspectives from some of New Zealand's leading as well as emerging commentators on New Zealand foreign policy.
This book offers a meditation on global justice and international political and legal theory. The author assesses positions in the current debate over the moral nature and limits of sovereignty. He also evaluates the normative role sovereignty ought to play in the practical deliberations of states. The discussion moves from theory to practice. Coverage starts with a conceptual analysis and moral critique. It then goes on to consider specific issues. These include global climate change, secession and self-determination, human rights, global distributive justice, and immigration. Readers will learn how states ought to deliberate about and respond to these important topics. They will also discover potential institutional structures better suited to resolving these issues while also respecting state sovereignty. In working through each specific challenge, the author provides insight into how we ought to think about challenges facing the international community and the potential for properly constructed institutions to function as solutions. These analyses also provide a valuable critical lens to assess the actions (and omissions) of our leaders. In the end, the book argues that domestic governments and regional bodies should be responsible for implementing the chosen course of action. This would provide a basis for holding political leaders more accountable.
This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16-17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the "truth" in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, "questions of law" are actually a subset of "questions of fact," and thus, the legal interpretation process also involves questions of "historical fact." The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.
This volume provides an overview of selected major areas of legal and institutional development in Lithuania since the Restoration of Independence in 1990. The respective chapters discuss changes in fields varying from the constitutional framework to criminal law and procedure. The content highlights four major aspects of the fundamental changes that have affected the entire legal system: the Post-Soviet country's complex historical heritage; socio-political and other conditions in the process of adopting new (rule of law) standards; international legal influences on the national legal order over the past 30 years; and finally, the search for entirely new national legal models. Over a period of 30 years since gaining its independence from the Soviet Union, Lithuania has undergone unique social changes. The state restarted its independent journey burdened by the complicated heritage of the Soviet legal system. Some major reforms have taken place swiftly, while others have required years of thorough analysis of societal needs and the search for optimal examples in other states. The legal system is now substantially different, with some elements being entirely new, and others adapted to present needs.
This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU's future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.
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