This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women's equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.

This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women's equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.

Despite high crime rates among men in the Caribbean, rising rates of violence against women in the region, and a significant number of Caribbean nationals incarcerated abroad due to drug smuggling, existing research has yet to offer explanations that are tailored to the unique Caribbean societies and the individuals in them. This edited volume adds to the existing body of scientific, empirical and theoretical work on crime (victimization), and criminal justice in the Caribbean, with a specific focus on impacts of post-colonialism and gender. To investigate these impacts on a developing Caribbean criminology, the contributions in this volume focus on how impacts of post-colonialism, associated racial stereotypes, and/or gender throughout the Caribbean impact on (a) types of offending, (b) victimization, and (c) criminal justice system responses and policies. Bringing together a broad range of experts, this book sheds light on key criminological topics in the Caribbean, including victimization, risk factors for offending, subcultures of violence and particularly gendered violence, and the role of motherhood within matrifocal societies. It is essential reading for those engaged with Caribbean - or decolonial - Criminology and those engaged with comparative and international studies in crime and justice more generally.

In the fascinating story of Israel-China relations, unique history and culture intertwine with complex diplomacy and global business ventures - some of which have reached impressive success. China and Israel is a living collage that addresses these issues from a point of view that combines the professional and the personal. This book paints a broad picture of China-Israel relations from an historical and political perspective and from the Jewish and Israeli angle. To tell this story, Shai relies on rare documents, archival materials and interviews with individuals who were active in forming the relationship between these two states. He profiles Morris Cohen who, according to some, served as Sun Yat-sen's personal advisor; gynecologist Dr. Ya'akov Rosenfeld, who rose to the rank of general in the Chinese Red Army and ended his career as a family physician in Tel Aviv; and international business magnate Shaul Eisenberg, otherwise known as ""the king of China"", who executed the first Sino-Israeli military contacts. Shai also covers the attempts of major Israeli companies and business people to enter China, and describes the opportunities and risks involved when China purchases companies that are part of Israel's national infrastructure.

The book is written in an accessible style setting out the concepts behind and development of WTO law in clear and logical way, allowing students studying WTO law or international law for the first time to grasp the key principles of world trade law. Giving a political-economy context for the legal rules and general trade theories enables students to better understand how the WTO has developed and the complex trade law concepts underlying it.

As the publishing, film and music industries are dominated by Big Media conglomerates, there is often recourse to simplistic ideological and conspiratorial readings of industry dynamics. Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author explains why copyright is much more than a creator's private property right or a mechanism through which corporations control cultural production and influence mass consumption choices. The volume is grounded in extensive, painstakingly detailed and colourful original archival research into business histories of major successful artists including Conan Doyle, Hall Caine, Margaret Atwood, Dame Nellie Melba, Radiohead and Banksy, and the industries and genres that grew up around their activities. Chapters address big questions about how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries. It includes discussion of the creation of new formats, the interplay between old media and new technologies, international copyright reform and cross-industry relations. Copyright, Creativity, Big Media and Cultural Value is a wide-ranging and important resource for students and practitioners of law and policy, media studies, cultural studies and literary history.

This book examines the Santillana Codes, legal instruments which form a distinct class of uniquely African civil codes and which are still in force today in a legal arc that extends from the Maghreb to the Sahel. Stigall presents the history of Santillana's seminal legislative effort and provides a comparative analysis of the substance of those codes, illuminating commonalities between Islamic law and European legal systems.

- Contains primary source documents - Will engage students on both side of the pro-life and pro-choice debate - Synthesizes a huge body of research in an easily digestible way for students

The book is written in an accessible style setting out the concepts behind and development of WTO law in clear and logical way, allowing students studying WTO law or international law for the first time to grasp the key principles of world trade law. Giving a political-economy context for the legal rules and general trade theories enables students to better understand how the WTO has developed and the complex trade law concepts underlying it.

This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. Paradoxically, he argues, law and political theory can now form the basis of the recovery of indigenous rights. Arguing for the recognition of indigenous peoples as "peoples" with the right of self-determination in constitutional and international law, Keal questions the moral legitimacy of international society and examines concepts of collective guilt and responsibility.

New Economic Constitutionalism in Europe focuses on the institutional mutation of constitutionalism following the major economic crisis in the Eurozone and globally. The main axis is that a new economic constitutionalism has arisen which trespasses on the conventional conceptual foundations and needs to be addressed with novel institutional vehicles. The author proposes an original and searching analysis of the significant constitutional evolutions that have taken place in member states in response to the global financial crisis. The book combines a sophisticated theoretical model of a new form of economic constitutionalism with detailed practical argumentation. This important new work provides a valuable addition to the understanding of this hugely important topic.

Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action - the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world's populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

This book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.

This book critically assesses how the rise of the collaborative economy in the European Union Digital Single Market is disrupting consolidated legal acquisitions, such as classical internal market categories, as well as the applicability of consumer protection, data protection, and labour and competition law. It argues that the collaborative economy will, sooner or later, require some sort of regulatory intervention from the European Union. This regulatory intervention, far from stifling innovation, will benefit online platforms, service providers and users by providing them with a clearer and more predictable environment in which to conduct their business. Although primarily intended for academics, this book also appeals to a wider readership, including, but not limited to, national and international regulators, private firms and lobbies as well as online platforms, consumer associations and trade unions.

Based on the first edition with extensive analysis of practical applications of environmental risk management and compliance management systems, this second edition of International Environmental Risk Management reflects updates made in the understanding and application of risk management best practices and makes available a frame of reference and systematic approach to environmental and social governance (ESG). It provides a pathway for readers to implement environmental management strategies that can be integrated with core operations and other risk management efforts, including supporting sustainability and corporate social responsibility initiatives associated with climate change, the circular economy or supply chain conditions, as well as enterprise risk management; anti-bribery, and other compliance management systems. This book provides in-depth discussions of ways to use global environmental management standards. New features in this edition: Combines EMS standards with discussion of specific principles, other authors' research, and guidelines on management practices. Provides guidelines on how to prepare for, anticipate, and resolve environmental issues. Includes easily understandable information for all readers and is not simply aimed toward individuals who are knowledgeable about this topic. Provides in-depth discussions on using global environmental management standards to manage risk and promote resilience, as well as legal strategies and voluntary initiatives that companies can utilize to minimize risk. Accounts for the substantive revisions in ISO 14001:2015. As a growing and rapidly changing field, it is necessary to address new issues, guidelines, and regulations to assist businesses, academia, students, consultants, lawyers, and environmental managers with a pragmatic resolution to environmental risk management issues. This second edition gives a broad and detailed analysis of the changes made to international standards and practices and serves as an excellent guide to managing environmental risk.

This book discusses civil litigation at the supreme courts of nine jurisdictions - Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States - and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court's judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.

It is commonly said that democracies very seldom fight each other. This book asks whether the assumption of a "democratic peace" is valid and seeks to explain why. Explanations explored include the accountability of democratic leaders to domestic institutions; the norms of democratic competition which influence international affairs; and the common interests which democracies have pursued.

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.

An invaluable asset in corporate decision and policy-making with regard to takeovers and mergers, this essential guide to securities law and regulation of acquisitions in Southern Europe, Africa, and the Middle East is the most comprehensive reference tool of its kind. As in his previous volumes, Ffrench has organized information into an easy-to-use country-by-country format. Description and analysis of relevant laws is readily accessible and includes requirements for specific acquisitions procedure. Possible legislative changes that could affect securities law are assessed. Included are discussions of such related topics as business organizations, relevant regulatory institutions, accounting principles, as well as anti-trust laws, labor laws, and laws relating to foreign takeovers, foreign investments, and insider trading.

This book focuses on the reality of China's modern judiciary, systematically demonstrating and discussing the judicial philosophy and judicial ethics as applied by Chinese courts and judges. In order to illustrate the methods of jurisprudence and sociology of law in the context of China's judicial practice and practicability of applicable laws, it also addresses judicial methodology and Chinese judges' trial methods. Based on comparative study and aiming at global judicial reform, the book provides valuable guidance and insights for readers pursuing a detailed understanding of modern Chinese judiciary, Chinese judges and Chinese rule of law. The book is intended to primarily serve the need of legal professionals around the world, in particular those who are interested in China's judicial system.

The book is a brief journey through centuries and jurisdictions and expands on examples of enactment practices of states that support, challenge or even reject communication during pending litigations. England, as the main representative of a jurisdiction, suggests communication solutions potentially different than the practice in the United States where litigation communication first time occurred. Accordingly, the author offers a comprehensive analysis and detailed historical narrative of the positions of various jurisdictions in relation to communication in the legal process. As a kind of applied legal history, the book provides an exploration of historical events that were significant in a legal communication context and addresses their implications for modern enactments. The account looks at the history of regulations to allow a better understanding of the strict rules that have often been cited over the years support or restrict communication in the legal process. The author provides the reader with proper contexts on different judicial and communication considerations, as well as the collaboration of legal and public relations experts, in a particular form of crisis and reputation management, in the litigation process. As such, this book is an attempt to present an accurate and thoughtful account of the theory and history of litigation communication, which is directly relevant in various debates such as the work on the meaning and context of the Contempt of Court Act in England or the American First and Sixth Amendments in different centuries.

The book provides a concise overview of currently applicable regulatory frameworks of states which are among the world leaders in research and development (R&D) of cell and gene therapies. Developments in genome editing are expected to lead to new possibilities for the treatment of hereditary diseases in humans. The treatment of such often severe but hitherto uncurable diseases can be based on genome-edited induced pluripotent stem cells (iPS cells). Such treatments constitute combined cell/gene therapies. These therapies need to be governed by a regulatory framework which ensures quality, safety, and efficacy of the relevant therapeutic products. On the other hand, such regulations may retard product approval and impede R&D. Accordingly, national regulations for therapies based on genome-edited iPS cells are an important and, as the case may be, decisive factor for both researchers and industry regarding their decision where to locate their R&D activities. Therefore, regulatory frameworks impact significantly on the competitiveness of states and their economies. This is why a comparative analysis of laws and regulations of different countries matters. Such a comparative legal analysis provides an important insight into regulatory concepts which, in turn, may inspire adjustments of, or amendments to, domestic legal regimes. For this purpose, experts present country reports on France, Germany, Japan, South Korea, Switzerland, and the USA. The reports on France and Germany also refer to the parameters and implications arising from pertinent EU law. This contributed volume is aimed at researchers, but also at, e.g., legal scholars, lawmakers, regulators, and political decision makers.

Women, Crime and Justice in Context presents contemporary feminist approaches to key issues in criminal justice. It draws together key researchers from Australia and New Zealand to offer a context-specific textbook that covers all of the major debates in the discipline in an accessible way. This book examines both the foundational texts and cutting-edge contributions to the topic and acknowledges the unique challenges and debates in the local Australian and New Zealand context. Written as an entry-level text, it introduces undergraduate students to key theories and debates on the topics of offending, victimization and the criminal justice system. It explores key topics in feminist criminology with chapters exploring sex work, prison abolitionism, community punishment, media representations of crime and victims, and the impacts of digital technology on gendered violence. Centring on an intersectional approach, the book includes chapters that focus on disability, queer criminology, indigenous perspectives, migration and service-user perspectives. The book concludes by exploring future directions in feminist approaches to crime and justice. This book will be essential reading for undergraduates studying feminist criminology, gender and crime, queer criminology, socio-legal studies, intersectionality, sociology and criminal justice.