FROM THE WINNER OF THE BAILIE GIFFORD PRIZE After the Second World War, new international rules heralded an age of human rights and self-determination. Supported by Britain, these unprecedented changes sought to end the scourge of colonialism. But how committed was Britain? In the 1960s, its colonial instinct ignited once more: a secret decision was taken to offer the US a base at Diego Garcia, one of the islands of the Chagos Archipelago in the Indian Ocean, create a new colony (the 'British Indian Ocean Territory') and deport the entire local population. One of those inhabitants was Liseby Elysé, twenty years old, newly married, expecting her first child. One suitcase, no pets, the British ordered, expelling her from the only home she had ever known. For four decades the government of Mauritius fought for the return of Chagos, and the past decade Philippe Sands has been intimately involved in the cases. In 2018 Chagos and colonialism finally reached the World Court in The Hague. As Mauritius and the entire African continent challenged British and American lawlessness, fourteen international judges faced a landmark decision: would they rule that Britain illegally detached Chagos from Mauritius? Would they open the door to Liseby Elysé and her fellow Chagossians returning home - or exile them forever? Taking us on a disturbing journey across international law, THE LAST COLONY illuminates the continuing horrors of colonial rule, the devastating impact of Britain's racist grip on its last colony in Africa, and the struggle for justice in the face of a crime against humanity. It is a tale about the making of modern international law and one woman's fight for justice, a courtroom drama and a personal journey that ends with a historic ruling.

This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience. In this context, it is important to recognize that when we address organizational forms, we are not thinking of corporate governance in the sense of managing agency costs and ensuring regulatory compliance, but the more pressing business task of putting in place organizational systems and processes that facilitate value creation through continued and sustained innovation. The book examines how the contemporary concept and discourse of corporate governance may be obsolete or, at least, is increasingly disconnected from the needs and realities of the most innovative firms today. The concept of organizing for innovation-identifying process and practices that deliver the best opportunities for innovation-needs to take centre stage. This book aims to contribute to the nascent debate in this area by bringing together a series of chapters that examine various issues related to organizing for innovation.

Critically engages with theories of the recognition of states under international law. Departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty. Of interest to legal and political theorists, as well as scholars and students in international relations.

This book offers a provocative retelling of Palestinian political history through an examination of the international commissions that have investigated political violence and human rights violations. More than twenty commissions have been convened over the last century, yet no significant change has resulted from these inquiries. The findings of the very first, the 1919 King-Crane Commission, were suppressed. The Mitchell Committee, convened in the heat of the Second Intifada, urged Palestinians to listen more sympathetically to the feelings of their occupiers. And factfinders returning from a shell-shocked Gaza Strip in 2008 registered their horror at the scale of the destruction, but Gazans have continued to live under a crippling blockade. Drawing on debates in the press, previously unexamined UN reports, historical archives, and ethnographic research, Lori Allen explores six key investigative commissions over the last century. She highlights how Palestinians' persistent demands for independence have been routinely translated into the numb language of reports and resolutions. These commissions, Allen argues, operating as technologies of liberal global governance, yield no justice—only the oppressive status quo. A History of False Hope issues a biting critique of the captivating allure and cold impotence of international law.

This book presents the essential knowledge and legal practice for establishing and operating companies in China. The book includes 6 chapters: Establishment of a Company; Shareholders, Directors, Supervisors, Senior Executives; Investment, M&A and Creditor's Rights; Financing and Guarantee; Alteration, Liquidation and Cancellation; Malfeasance Most Likely to be Overlooked. The end is a summary of the laws and regulations involved in the chapters above. From a professional perspective, this book explains and analyzes the key points, practical difficulties and potential risks that an enterprise may encounter in the process of establishment and operation, describes in detail the key points for handling various businesses and matters, the notes for selection of different administrative procedures, and conducts multi-dimensional comparison and case analysis to facilitate readers' understanding. This book is a practical guide for everyone to understand how to establish and operate a company in China, which is not only suitable for readers who want to start a business or have already started a business, but also suitable for overseas investors to fully understand how to establish and operate a company in China. It is also helpful for investors and entrepreneurs to lead the enterprise to be more standardized and more compliant so as to achieve better operation and development. In addition, this book could be used as a reference book for legal and financial professionals to help professionals become more professional.

Hardbound. Research in Law and Economics is a highly respected source of proactive, original perspectives on law and economics. For the researcher, this latest volume offers a diverse set of papers, each one a constructive contribution. The papers address: how the Supreme Court can clarify and rationalize the payment of pre-judgment interest; what is meant or should be meant by economic efficiency; the length of various statutes of limitations for accident cases; implications of the court congestion hypothesis of Posner and Priest; the efficiency of medical malpractice insurance; and the effects of hospital competition on Medicaid share.

The seventh edition of this classic handbook on the policy process is fully updated, featuring new material on policy making amid local and global disruption, the contestable nature of modern policy advice, commissioning and contracting, public engagement and policy success and failure. The Australian Policy Handbook shows how public policy permeates every aspect of our lives. It is the stuff of government, justifying taxes, driving legislation and shaping our social services. Public policy gives us roads, railways and airports, emergency services, justice, education and health services, defence, industry development and natural resource management. While politicians make the decisions, public servants provide analysis and support for those choices. This updated edition includes new visuals and introduces a series of case studies for the first time. These cases-covering family violence, behavioural economics, justice reinvestment, child protection and more-illustrate the personal and professional challenges of policymaking practice. Drawing on their extensive practical and academic experience, the authors outline the processes used in making public policy. They systematically explain the relationships between political decision makers, public service advisers, community participants and those charged with implementation. The Australian Policy Handbook remains the essential guide for students and practitioners of policy making in Australia.

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.

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 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 book offers a sociological analysis of the history of international police cooperation in the period from the middle of the 19th century until the end of World War II. It is a detailed exploration of international cooperation strategies involving police institutions from the United
States and Germany as well as other European countries.
The study provides a rich empirical account of many dimensions in the history of international policing, including the role of police in the 19th-century movement towards national independence; evolution from political cooperation
towards international criminal enforcement; international policing aspects of the outbreak of World War I and the Bolshevik Revolution; the early history of international police organizations, including Interpol; the international implications of the Nazification of the German police; and the rise
on the international scene of the Federal Bureau of Investigation.
To account for these historical transformations, this book develops an innovative theoretical model of bureaucratization based on the sociology of Max Weber and theories of globalization. It is argued that international police cooperation is enabled through a historical process of police agencies
gradually claiming and gaining a position of relative independence from the governments of their respective states. Furthermore it shows that international police cooperation relies on expert systems of knowledge on international crime, which police institutions across nations develop and share.
Paradoxically, in spite of this spirit of cooperation, national concerns of participating forces remain paramount.

This book examines one of the most emblematic cases of lawfare today: the criminal prosecution of former Brazilian President Lula. The authors argue that lawfare is not just a slogan or a game at the service of any one political ideology. Rather, it has to do with a complex, multifaceted phenomenon that should be carefully reflected upon in modern constitutional democracies, given that it is able to demolish majority rule and the rule of law. They contend it is the strategic use of the law with the purpose of delegitimizing, harming or annihilating an enemy. The literature specializing in the subject tends to alternate between analysis of only one aspect of the phenomenon or consists of extensive case studies. In order to fill this gap, this book revisits the subject and offers a sophisticated theoretical approach to lawfare, in an unprecedented combination of theory of war and theory of law. The book will be of interest to students, researchers and policy makers working in the areas of public law, international law, procedural law, anthropology of law and sociology of law, as well as political science and international relations.

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

The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors - states, transnational business corporations, or civil society groups - and their influence on the structures - such as national and international agreements, organizations, and private entities - that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.

This book collects and integrates Abbott and Snidal's influential scholarship on indirect global governance, with a new analytical introduction that probes the role of indirect governance techniques in the universe of global governance arrangements. The volume presents the Governance Triangle, a now widely-used figure that demonstrates and helps to assess the proliferation of private and public-private standard-setting organizations, along with new forms of intergovernmental institutions, over recent decades. It then analyzes how intergovernmental organizations, regulatory bodies, and other "global governors" enlist and work through those organizations as intermediaries, so as to govern more effectively and gain knowledge, influence and legitimacy. It demonstrates Abbott's and Snidal's groundbreaking concept of orchestration, a mode of indirect governance in which influential governors catalyze, support, and steer intermediary organizations through wholly voluntary relationships. It also considers their more recent innovations in the theory of indirect governance. These include additional modes of governance, such as co-optation, delegation and trusteeship, as well as the pervasive "Governor's Dilemma" trade-off between a governor's control of its intermediaries and the intermediaries' competence. This book will appeal to scholars and students in multiple disciplines, including international relations, global governance, law, and regulatory studies.

Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children's various civil rights; how to best assist children at risk; and discussions surrounding children's identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children's rights and justice.

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

This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

This book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clear summary, and practice questions. Due to its colourful cases, this book is accessible and fun to read.

Social networks have created a plethora of problems regarding privacy and the protection of personal data. The use of social networks has become a key concern of legal scholars, policy-makers and the operators as well as users of those social networks. This pathbreaking book highlights the importance of privacy in the context of today's new electronic communication technologies as it presents conflicting claims to protect national and international security, the freedom of the Internet and economic considerations. Using the New Haven School of Jurisprudence's intellectual framework, the author presents the applicable law on privacy and social media in international and comparative perspective, focusing on the United States, the European Union and its General Data Protection Regulation of 2018 as well as Germany, the United Kingdom and Latin America. The book appraises the law in place, discusses alternatives and presents recommendations in pursuit of a public order of human dignity.

This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. The Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.

This research examines the role of prosecutors within the United States and in Switzerland and is completed by an overview of the prosecution institutions in France and Germany. The research recognizes that despite seemingly very different legal traditions and structures, prosecutors in these systems are similar enough that each system might learn from the others. Drawing upon the experiences of other nations, this research proposes solutions to the problems identified in connection with the position and powers of public prosecutors in the United States. Furthermore, it outlines the problems related to the increase of prosecutorial power and the lessons the European criminal justice systems surveyed can draw from the experience in the US. In terms of methodology, this research not only considers formal legal provisions but also systematic structural factors, academic literature and statistics revealing how the law and governing principles actually work in practice.

This book explores a new way of thinking about diplomacy, warfare, trade, and collective goods that begins with the notion that key international actors project their domestic institutions onto the regional or global arena. Exploring the emergence, consolidation, and decay of international norms, the author puts forward a general argument designed to identify patterns across time and space, combining key insights from constructivist, liberal, classical realist, English School, and feminist thinking. By moving from institution to institution, each chapter presents a coherent story ranging from antiquity to the contemporary world allowing us to see not only the patterns, but also to begin to develop conjectures about other causal stories implicit in the narrative. The book will be used by scholars and students of international relations, international organization and law, security studies, political economy, historical sociology, regionalism, and a wide range of specific topics such as arms control, trade, migration, identity, and collective goods.