This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they've had no opportunity to read it in detail and know what they're voting upon. The majority party's legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.

The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America. This marked an era darkened by accelerating discrimination against, and intimidation of those asserting rights of freedom of religion, association and speech, and by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. One of which is: Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties? This book portrays the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration. Second, it implicates prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, it engages the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.

This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

This open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry.

I am deeply honoured and very pleased indeed to have been invited to write the Foreword to this book, especially as the great success of and excitement generated by the Beijing Olympics last Summer is still fresh in all our minds This is the first work on this important subject - the Olympic Games having been well described as 'the greatest sporting show on earth' - and the author, Alexandre Miguel Mestre, a distinguished Portuguese international sports lawyer, is to be warmly congratulated on producing it. The book covers the historical development of 'Olympic Law' and the current legal status of the International Olympic Committee (IOC) as an NGO (non-g- ernmental organisation) under Public International Law, and its various constituent members and organs. The UN resolutions on the Olympic Truce of which the latest one is published in the book, are of a recommendatory nature ('soft law'), but well illustrate the wide range of international legal instruments, which constitute the corpus of so-called 'Olympic Law', including the inter-State Nairobi Treaty on the Protection of the Olympic Symbol - the famous five interconnected rings. The book also addresses some contemporary legal issues affecting the Olympic Movement, including eligibility criteria, dual participation in the Olympics and the Paralympics as well as environmental concerns and the protection of the so-called 'Olympic Properties' - in other words the valuable intellectual property rights of the IOC including TV rights - without which the Olympic Games could not be financed and staged.

In the interwar years, a group of reform-minded American scholars of international law, such as Quincy Wright and Manley Hudson, challenged traditional international law and strove to establish a 'new' international law in which outlawry of war was institutionalized. They highly valued the Covenant of the League of Nations and the Kellogg-Briand Pact and presented legal arguments in support of them. These scholars were activists in their efforts to promote their views to policy makers and the public. In the US international law community, however, a different group of scholars, notably Edwin Borchard, vehemently opposed the progressive scholars. US International Lawyers in the Interwar Years chronicles those involved in the debate and provides a detailed account of their scholarly works and activities that hitherto have not had the recognition that they deserve.

This book is the result of an objective analysis based on quantitative research of the situation of openness of government affairs in China in 2019. It consists of five parts: General Re-port, Systematic Advancement of Openness of Government Affairs, Systems Relating to Openness of Government Affairs, Openness of Government Affairs in Specific Fields and Giving Full Play to the Role of Openness of Government Affairs. This book contains a large amount of the latest and most authoritative data collected by the author's team with high credibility. The rule of law index research framework used in this book was initiated by the author's team and has been continuously updated and improved. Through the evaluation of government transparency, it demonstrates the improvement of China's open government system and the steady progress of open decision-making, as well as the significant progress of open government services. It also provides scientific and objective feasibility advice and suggestions for enhancing the awareness of openness, accurately identifying public information needs, integrating openness into the whole process of government activities, and improving the level of information security.

This book provides updated, full-picture analysis of the laws and practices of cross-border debt finance in the PRC. It is featured by the first-handed experiences of the author's academic research and legal practice in this field over two decades. The author discusses legal and regulatory issues, transaction structures and documentation in relation to two debt finance products: loan and bond, covering the inbound structure (Chinese debtors' raising funds from the international market) and the outbound structure (Chinese creditors' supplying funds to the international market). For cross-border loans, this book thoroughly illustrates the foreign debt regulatory regime in the PRC and approaches the lending by Chinese banks to support exports and overseas investments under the "Belt and Road Initiative" (BRI). For cross-border bonds, it discusses how Chinese issuers, by designing various transaction structures, enter into the international bond market, and then researches the "opening-up" of Chinese bond market to both international issuers (for issuing "Panda Bonds") and investors (for purchasing Chinese bonds). This book is used as an authoritative source for not only students and researchers, but also bankers and legal practitioners, who are interested in the Chinese debt finance market.

Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.

This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.

Volume I: State Legislation
A collection of state laws (plus laws of the District of Columbia and the Virgin Islands) dealing with the threat of international and domestic terrorism - along with a limited number of federal sources. State laws are organized under nine separate headings.
Volume II: Terrorism and Federal Laws: Executive Orders, Legislation, Treaties and Cases
Focuses on federal definitional issues - as well as relevant material including executive orders and presidential documents, legislation, bilateral treaties, international conventions, and court cases, providing a comprehensive collection of material on U.S. federal legal perspectives.
Volume III: Terrorism and Aviation Law: Executive and Legislative Materials, Administrative Regulations and Court Cases
TFeatures U.S. documents (such as those originating with the White House Commission on Aviation Safety and Security), the Federal Aviation Administration, U.S. Code of Federal Regulations, U.S. legislation and congressional testimony, and selected U.S. court cases.
Volume IV: Terrorism and Aviation Law: Treaties, Documents, and the Pam Am 103 Trial
Contains selected international treaties, bilateral treaties, foreign aviation laws, documents of the International Civil Aviation Organization and other intergovernmental bodies, statements by officials and aviation representatives, and foreign court cases. In addition, Volume IV features documentation relevant to the Pan Am 103 Lockerbie trial (U.S. civil cases against Libya, International Court of Justice documents, and various statements and testimony).

The Routledge Handbook of Commercial Space Law provides a definitive survey of the transitions and adjustments across the stakeholder community contributing to outer space activities. The interaction between NewSpace, traditional aerospace industrials, and non-traditional space-related technologies is driving market changes which will affect state practice in what has until now been a government dominated market. Greater private commercial participation will lead to new economic approaches to risk-sharing models driven by a space services dominated market. This handbook is a detailed reference source of original articles which analyse and critically evaluate the scope of the current paradigm change, and explain why space contracts and risk apportionment as currently known will change in tune with ongoing market transitions. Reference is made to the scope of best practices across various leading states involved in space activities. With contributions from a selection of highly regarded and leading scholars and practitioners in the Commercial Space Law field, and the inclusion of salient documents, regulatory and contractual documents, the Routledge Handbook of Commercial Space Law is an essential resource for students, scholars, and practitioners who are interested in the field of Commercial Space Law.

The Routledge Handbook of Transatlantic Relations is an essential and comprehensive reference for the regulation of transatlantic relations across a range of subjects, bringing together contributions from scholars, policy makers, lawyers and political scientists. Future oriented in a range of fields, it probes the key technical, procedural and policy issues for the US of dealing with, negotiating, engaging and law-making with the EU, taking a broad interdisciplinary perspective including international relations, politics, political economic and law, EU external relations law and international law and assesses the external consequences of transatlantic relations in a systematic and comprehensive fashion. The transatlantic relationship constitutes one of the most established and far-reaching democratic alliances globally, and which has propelled multilateralism, trade regulation and the EU-US relationship in global challenges. The different contributions will propose solutions to overcome these problems and help us understand the shifting transatlantic agenda in diverse areas from human rights, to trade, and security, and the capacity of the transatlantic relationship to set new international agendas, standards and rules. The Routledge Handbook of Transatlantic Relations will be a key reference for scholars, students and practitioners of Transatlantic Relations/EU-US relations, EU External Relations law, EU rule-making, EU Security law and more broadly to global governance, International law, international political economy and international relations.

Why are constitutionalist ideals so prominent in science fiction? Does Independence Day depict self-defence as a legal concept with absolute limits? Is international law lost in space? This innovative interdisciplinary volume represents the first exploration of the relationship between international law and cinema. From Star Wars to Werner Herzog, The Godfather to The West Wing, this book uncovers a diverse range of representations of international law and its norms in film and television. Examining the wider links between international law, cinema, and ideology, the contributions not only examine visual representations of international law, but they offer an essential insight into the functions fulfilled by these cinematic representations. Providing an extraordinary introduction to a variety of perspectives on core international legal questions, Cinematic perspectives on international law extends a valuable methodology by which international lawyers can critique the depiction of international law in film. -- .

This book is published by the International Academy of Comparative Law to honor five great comparatists: Jean-Louis Baudouin from Canada, Xavier Blanc-Jouvan from France, Mary Ann Glendon from the United States of America, Hein Koetz from Germany, and Rodolfo Sacco from Italy. The five great minds present their thoughts on the past, the present and future of comparative law and in doing so they particularly focus on the future of the International Academy of Comparative Law, comparative law methodology and the teaching of comparative law. The book is essential reading for researchers and academics wanting to know what these respected legal scholars have contributed to comparative law, how they differ and when and why they excelled. Moreover, the views presented suggest how the role of the Academy can be developed in order to deal with the current challenges of comparative law. Ce livre est publie par l'Academie internationale de droit compare en l'honneur de cinq grands comparatistes : Jean-Louis Baudouin du Canada, Xavier Blanc-Jouvan de France, Mary Ann Glendon des Etats-Unis, Hein Koetz d'Allemagne et Rodolfo Sacco d'Italie. Ces cinq grands esprits offrent leurs reflexions sur le passe, le present et le futur du droit compare et, ce faisant, se concentrent particulierement sur l'avenir de l'Academie internationale de droit compare, la methodologie ainsi que l'enseignement du droit compare. Ce livre est une lecture essentielle pour les chercheurs et les universitaires qui s'interessent aux contributions au droit compare de ces juristes respectes, la maniere dont ils different et quand et pourquoi ils ont excelle. De plus, les points de vue presentes suggerent comment le role de l'Academie peut etre developpe pour faire face aux defis actuels du droit compare.

This book covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers' economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.

The Routledge Handbook of Law and the Anthropocene provides a critical survey into the function of law and governance during a time period when humans have power to impact the Earth system. The Anthropocene is a 'crisis of the earth system'. This book addresses its implications for law and legal thinking in the 21st century. Unpacking the challenges of the Anthropocene for advocates of ecological law and politics, this handbook pursues a range of approaches to the scientific fact of anthropocentrism, with contributions from lawyers, philosophers, geographers and environmental and political scientists. Rather than adopting a hubristic normativity, the contributors engage methods, concepts and legal instruments in a way that underscores the importance of humility and an expansive ethical worldview. Contributors to this volume are the leading scholars and future leaders in the field. Rather than upholding orthodoxy, the handbook also problematizes received wisdom and is grounded in the conviction that the ideas we have inherited from the Holocene must all be open to question. Engaging such issues as the Capitalocene, Gaia theory, the rights of nature, posthumanism, the commons, geoengineering and civil disobedience, this handbook will be of enormous interest to academics, students and others with interests in ecological law and the current environmental crisis.

This book studies the relevance of dowry as a customary practice in Indian marriages. It examines the historical articulation between traditional cultural texts and modern statutory law to understand how daughters are valued, and how dowry as a custom defines this value. The author creates a conceptual link between modern, medieval, and ancient marriage rites that formulate and embed dowry behaviour and practice within Indian society. The book also provides a critique of the cultural textual tradition of India and South Asia. It asserts for the first time, that Vedic materialism is at the core of an adequate understanding of how dowry as wealth comes to occupy such a central position in the field of marriage. An important study into the custom and tradition of South Asia, this book will be indispensable for students and researchers of cultural studies, women’s studies, gender studies, religion, history, law, and South Asian studies.

This collection of essays is based upon the presentations given at a symposium on the occasion of the 65th birthday of Professor R diger Wolfrum in December 2006. The contributions cover a wide range of contemporary issues of international law, including state responsibility, crisis management, unity of law, deep sea genetic resources, liability for environmental damage in Antarctica, human rights and intellectual property, and the protection of minorities.

Faced with evolving trade and health dynamics, this book presents a historical, conceptual, and empirical examination of public health and medical procurement in international trade law at a time of emergency. The work argues that the current trade framework is outdated and must be redesigned to suit the new needs of the 21st century. It identifies critical problems within the current international trade system that prevents it from effectively responding to pandemics, as well as to the emerging digital economy. Based on the analysis, the study puts forward specific suggestions to upgrade the current trade rules framework to prepare for future international public health emergencies and further digitalization of health services. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of International Trade Law, Public Health Law and Medical Law.

In our complex, consumerist societies, the intricacy of personal interactions and the number of goods and products available often prevents us from direct knowledge of what lies 'behind' food behaviors, ingredients, and the origins of the modern food and agriculture supply chain. Over the last decade or so, scholars, lawyers and engaged lay vegans have had many discussions about vegan rights and discrimination as issues intrinsic to animal rights, but the final frontier remains intact: the direct concerns of other animals. To give effect to the rights of animals, we must recognize and defend the human right-or duty, as many uphold-- to care about them. Including contributors from Australia, the United States, Germany, Italy, France, Canada, Portugal, and the United Kingdom, this book explores the rights of vegans and how vegans can be protected from discrimination. Using an international socio-legal lens, the contributors discuss constitutional issues, vegan legal cases, the concept of protection for vegan 'belief' in human rights and equality law, the legal requirement to provide vegan food, animal agriculture and plant-based, vegan food in the context of the human right to food, and the rights of vegans in education and in health care. This book will be of interest to practicing lawyers, legal and critical legal scholars, scholars of vegan, and critical animal studies, and commentors on socio-political issues alike.

The book deals with (unfortunately) a highly relevant question of extraordinary measures adopted in many countries in connection with the recent pandemic, and the impact of such measures on ownership rights and constitutional freedoms as a whole. Using the methods of synthesis, analysis and historical comparison, the researchers address this issue from different perspectives, starting with the origins of state-governed crisis management, through the theoretical status of such measures and their role in the legal system, to the question of liability for damages arising from their imposition and application. Based on a critical analysis of existing measures, the book provides feedback on their compliance with basic legal principles and suggests possible solutions of encountered problems.

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction. FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.