The contributions to this volume focus on a diverse array of topics in international law, with scholarly interventions from experts in the field, both in academia and the judiciary, as well as case commentary on a recent decision of the International Court of Justice (Chagos Decision). The theoretical and methodological breadth of the issues covered are relevant to audiences beyond the Nigerian and African intellectual space. In particular, this volume includes analysis on critical intellectual property law questions; intersections of national, regional and international law and technology; the African Continental Free Trade Area Agreement; and maritime law. The authoritative views of the experts on the different issues covered in this volume make excellent contributions to their relevant fields.

This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.

This book points out the legal roots of the alignment of Cross-Strait political relations and the issues of Taiwan's participation in international space, and the Treaty of San Francisco and the "Undetermined Status of Taiwan". Based on an academic standpoint, the book studies the legal theories related to the alignment of Cross-Strait political relations and the issues of Taiwan's participation in international space from the Mainland Chinese perspective. It focuses on the different descriptions and regulations of the alignment of Cross-Strait political relations between the Mainland of China and Taiwan and discusses the status, forms, problems, and prospects of the coexistence of the two sides in the international space. Compared with the policy oaths used in current studies, the book systematically discusses the alignment of Cross-Strait political relations and the issues of Taiwan's participation in international space with a theoretical interpretation. It uses detailed historical materials, especially valuable policy documents and excerpts of speeches cited of the Mainland of China. This book puts forward a series of important propositions, such as the construction of a mechanism for Taiwan's orderly participation in the international space and means of existence of the Taiwan region in the international space.

This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law's functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.

For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights-driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.

This innovative Research Handbook explores recent developments at the intersection of international law, sociology and social theory. In doing so, it highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers. The diverse body of expert contributors discuss a wide range of methodologies and approaches - including those inspired by the giants of twentieth century social thought, as well as emergent strands such as computational linguistics, performance theory and economic sociology. With chapters exploring topical areas including the globalization of law, economic globalization, property rights, global governance, international legal counsel, social networks, and anthropology, the Research Handbook presents a number of paths for future research in international legal scholarship. Full of original insight, this interdisciplinary Research Handbook will be essential reading for academics and scholars in international law and sociology, as well as postgraduate students. Lawyers practicing in international law will also find this a stimulating read. Contributors include: W. Alschner, F.M. Bohnenberger, R. Buchanan, K. Byers, S. Cho, D. Desai, S. Dothan, J.L. Dunoff, S. Frerichs, B.G. Garth, M. Hirsch, R. James, C. Joerges, N. Lamp, A. Lang, M.R. Madsen, K. Mansveld, G. Messenger, M.A. Pollack, S. Puig, G.A. Sarfaty, D. Schneiderman, W.G. Werner

There is a growing body of scholarship analysing the many international organizations, government agencies and civil society groups whose activities define the relationship between human rights and intellectual property. This timely and engaging volume illustrates the richness and diversity of this literature. It explores the wider historical and institutional context of these topics; the meaning of key international instruments; writings that clarify ambiguous legal norms; works that advocate the recognition of new legal norms; institutional and strategic issues and critical or cautionary perspectives. Including an original introduction by Professor Helfer, a leading scholar in the field, this is a must-have volume that will be of use to lawyers, judges, legal scholars and researchers interested in the areas of intellectual property and human rights and their intersection.

This book examines the law and its development trends in the area of corporate social responsibility (CSR) in Vietnam. It is an important reference in implementing the requirements of CPTPP and EVFTA in Vietnam, and it is also very important in improving the legal framework in Vietnam to comply with international standards, especially in the areas of labor, environment and consumer protection, and in raising awareness of CSR among Vietnamese companies. Many articles in this book analyze and assess the legal status of CSR, thus providing a number of constructive suggestions for improving the relevant laws in Vietnam. Corporate social responsibility is not only the contribution of corporate philanthropy to society, but also the compliance of companies with international standards and national laws in the fields of labor, environment, investment, labor security, social security, etc.  Against the backdrop of Vietnam's growing international integration, the requirement of corporate social responsibility has been, and continues to be, paramount in business activities. It is not only a need at the enterprise level, but is also related to the internationalization of international standards and the improvement of national laws on CSR.

This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the "system changes that will be brought about by technological changes" from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China's system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.

This book addresses emerging questions concerning who should bear responsibility for shouldering risk, as well as the viability of existing and experimental governance mechanisms in connection with new technologies. Scholars from 14 jurisdictions unite their efforts in this edited collection to provide a comparative analysis of how various legal systems are tackling the challenges produced by the legal aspects of genetic testing in insurance and employment. They cover the diverse set of norms that surround this issue, and share insights into relevant international, regional and national incursions into the field. By doing so, the authors offer a basis for comparative reflection, including on whether transnational standard setting might be useful or necessary for the legal aspects of genetic testing as they relate to the insurance and employment contexts. The respective texts cover a broad range of topics, including the prevalence of genetic testing in the contexts of insurance and employment, and policy factors that might affect this prevalence, such as the design of national health or social insurance systems, of private insurance schemes or the availability of low-cost direct-to-consumer genetic testing. Further, the field of genetics is gaining in importance at the international and regional levels. Relevant concepts - mainly genetic tests and genetic data/information - have been internationally defined, and these definitions have influenced definitions adopted nationally. International law also recognizes a "special status" for human genetic data. The authors therefore also consider these definitions and the recognition of the special status of human genetic data within regional and national legal orders. They investigate the range of norms that specifically address the use of genetic testing in employment and insurance, encompassing international sources - including human rights norms - that may be binding or non-binding, as well national statutory, regulatory and soft-law mechanisms. Accordingly, some of the texts examine general frameworks relevant to genetic testing in each country, including those that stem from general anti-discrimination rules and norms protecting rights to autonomy, self-determination, confidentiality and privacy. In closing, the authors provide an overview of the efficiency of their respective legal regimes' approaches - specific and generalist - to genetic testing or disclosure of genetic information in the employment or insurance contexts, including the effect of lack of legal guidance. In this regard, some of the authors highlight the need for transnational action in the field and make recommendation for future legal developments.

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.

Structure and methodology of the text are transparent and cross-jurisdictional, not tied to the perceptions and approaches of one particular jurisdiction (e.g. common law or civil law), therefore making it applicable to every student of international law. Comprehensive coverage without being as dense and lengthy as other competing texts, therefore accessible to all students, regardless of prior knowledge or background. Good use of signposting in text through subheadings and logical chapter structures, accessible pedagogy for upper level undergraduates (especially in comparison to some of the competing texts). Provides a framework for students rather than just a prescriptive narrative, arming the student with the analytical and methodological tools to pursue the discipline in greater depth. Further updated since previous edition to include new case studies and court decisions, as well as sections on women's rights, cyber-attacks and Islamic ideologies. Includes a companion website to help students and instructors by offering suggestions for further reading and discussion questions, as well as updates to the law between editions to keep students' knowledge as up to date as possible.

This book draws a unique perspective on the regulation of access to clinical trial data as a case on research and knowledge externalities. Notwithstanding numerous potential benefits for medical research and public health, many jurisdictions have struggled to ensure access to clinical trial data, even at the level of the trial results. Pro-access policy initiatives have been strongly opposed by research-based drug companies arguing that mandatory data disclosure impedes their innovation incentives. Conventionally, access to test data has been approached from the perspective of transparency and research ethics. The book offers a complementary view and considers access to individual patient-level trial data for exploratory analysis as a matter of research and innovation policy. Such approach appears to be especially relevant in the data-driven economy where digital data constitutes a valuable economic resource. The study seeks to define how the rules of access to clinical trial data should be designed to reconcile the policy objectives of leveraging the research potential of data through secondary analysis, on the one hand, and protecting economic incentives of research-based drug companies, on the other hand. Overall, it is argued that the mainstream innovation-based justification for exclusive control over the outcomes of research and development can hardly rationalise trial sponsors' control over primary data from trials. Instead, access to such data and its robust analysis should be prioritised.

This book explores and addresses body search practices in prison environments from different angles (criminology, sociology, human rights and law) and discusses such practices in different national contexts within Europe. Body searches are widely used in prison systems across the globe: they are perceived as indispensable to prevent forbidden substances, weapons or communication devices from entering the prison. However, these are also invasive and potentially degrading control techniques. It should not come as a surprise, then, that body searches are deeply contested security measures and that they have been widely debated and regulated. What makes theses control measures problematic in a prison context? How do these practices come to be regulated in an international and European context? How are rules translated into national law? To what extent are laws and rules respected, bent, circumvented and denied? And what does the future hold for body searches?

This book explores three particular strategies in the extractives sector for creating shared wealth, increased labour opportunities and positive social, environmental and economic outcomes from corporate projects, namely: state wealth funds (SWF), local content policies (LCP) and corporate social responsibility (CSR) practices. Collectively, the chapters explore the associated experiences and challenges in different parts of the world with the view to inform equitable and sustainable development for the communities living adjacent to extractives sites and the wider society and environment. Examples of LCPs, SWFs and CSR practices from 12 jurisdictions with diverse experiences offer usefull insights. The book illuminates challenges and opportunities for sustainable development outcomes of the extractives sector. It reflects the need to take on board the lessons of these global experiences in order to improve outcomes for poverty reduction, inequality reduction and sustainable development.

A prohibition of the abuse of dominance is an essential provision in any country's competition law. The purpose of such a prohibition is to protect competition where it is potentially weakened by the presence of dominant market players. If applied immoderately, however, this prohibition is liable to seriously harm competition rather than protect it. In this useful compilation, local practitioners and academics in twelve countries provide a detailed summary and analysis of the application of their countries' law in this area, drawing on the experience of national competition authorities in dealing with market dominance as well as a wide range of legislation, administrative regulations, and case law. Nine EU member states are covered, as are Australia, New Zealand, and the United States. Although contributors were specifically asked not to compare their national provisions with Article 82 EC, the book nevertheless provides useful insight on that article, as well. National "borderline cases," of the kind described here, help to clarify the application of Article 82 EC, especially considering that the case law on this provision is often controversial. Dealing with Dominance is a useful reference tool for the application of the national counterparts to Article 82 EC in Europe and beyond and answers a basic practical need of both national and international competition law practitioners. This book can also be seen as an especially important contribution to the comparative analysis of an increasingly crucial area of economic law.

This book covers the Tax Treaties which The People's Republic of China has signed with various nations of the European Region. This book is a collection of the treaties, supplementary materials, and selected implementing circulars. It is edited and ordered according to geographical/economic criteria and accompanied with integrated with tables, domestic tax systems reports, and accompanying circulars and treaty model texts. This book has never been compiled for Chinese tax treaties before, providing a new resource for firms and researchers to access the materials with ease. This book has the potential to be a part of a volume on China double tax treaties, and the book will encompass the entirety of China's Global Tax treaties. The intended readership of this book will be primarily professionals who are working in both the international accounting and legal industries. These readers frequently reference the treaties through the course of their normal business for the purpose of forming optimum tax structures and corporate structuring. However, it is also foreseeable that this book will be of interest to academic researchers in multiple fields from geo-politics, accounting, legal to economics.

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 book explores the current state of society in Europe in general and the regimes and societies of the Western Balkans in particular. The pandemic and near-universal lockdown have provided an ideal cut-off date for the collection of indices from reputable academic sources that cover the nature of these regimes, individual human freedoms, economic freedoms, the rule of law, human rights and media freedoms. The aggregated findings from the 20 individual indices provide comprehensive data to support original findings and the characterisation of societies in 45 European states. Admittedly, there are differences in the methodologies and samples among the indices consulted. Nonetheless, taken together they offer a solid basis for developing arguments concerning the diversity of regimes, governance and societies in Europe and drawing well-founded conclusions on the nature of society in various parts of Europe. Though the book's main focus is on the Western Balkans, the region is put in a pan-European context. The issues of migration, minorities, global geopolitics, the crisis of liberal democracy - they all play into developments that are specific to the Western Balkans. The book answers the question of whether the pandemic has allowed local regimes to strengthen their power and exert greater control over society, making it possible to formulate arguments regarding the future of Europe and its integrative processes. In closing, the book investigates Western Balkan regimes' reactions to the pandemic in the context of governance, society and state power, before addressing the question of whether the future of the Western Balkans lies in the "liberal club", or whether local hybrid regimes will become even more influential in the near future.

Building upon an understanding of the rule of law as an ?'essentially contested concept?', this insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law at both a national and international level. In particular, chapters focus on China?s impact on global trade and security governance. These case studies enable conclusions to be drawn regarding China?'s more general perspectives on the international rule of law as a concept. Offering a thorough analysis of EU-China relationships, the book highlights the prospects and challenges for a meaningful dialogue on the rule of law and the international rule of law. In doing so, it illustrates the merits of the rule of law as a concept to engage in meaningful dialogues across a myriad of legal and political systems. This book will hold particular appeal for students and scholars of Chinese Law, International Law, EU-China Relations, and legal theory. Policy makers will also find this a stimulating read as the work aims to build both academic and policy bridges between the Western and Chinese conceptions on the rule of law at both national and international levels.

This book, which updates and expands the third edition published by Springer in 2015, explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. From the standpoint of the development of adoption in England & Wales, and the changes currently taking place there, it considers the process as it has evolved in other countries. It also identifies themes of commonality and difference in the experience of adoption in a common law context, comparing and contrasting this with the experience under civil law and in Islamic countries and with that of indigenous people. This book includes new chapters examining adoption in Russia, Korea and Romania. Further, it uses the international conventions and the associated ECtHR case law to benchmark developments in national law, policy and practice and to facilitate a cross-cultural comparative analysis.

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