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Books > Law > International law > General
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.
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.
This is the first book to present the law of the Baltic States in one comprehensive and coherent volume in English. The Baltic States region, which was incorporated by the Soviet Union for 50 years and now is the only such territory in the EU, continues to be characterized by a number of unique traits, problems and developmental trends. This book addresses these facets of law - the status quo, problems and trends - by adopting a comparative perspective structure for all three Baltic States (divided into three main parts - Estonia, Latvia and Lithuania). Each of these parts examines similar core aspects: General Frameworks, Public Law, and Private Law. Taking into account the peculiarities of each country, the individual chapters provide analyses of principles, problems and developments in specific legal branches. The authors of the book are recognized academics and professionals in the field of law. Taken together, their contributions offer a valuable tool and resource for anyone interested in the law of the Baltic States: students, legal practitioners, scholars, administrators, etc.
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.
Environmental crime is arguably the most vital and destructive crime of the 21st century, especially in the light of climate change and shifts in social, economic and ecological circumstances that will accompany global warming. The author takes an excitingly broad and refreshing approach to environmental crime and investigates a variety of topics including illegal fishing, poaching, wildlife crimes, animal abuse, climate change and ecocide as well as crimes related to waste, energy and contamination.
What role does law play in post-communist societies? This book examines the law as a social institution in Eurasia, exploring how it is shaped in everyday interactions between state and society, organisations and individuals, and between law enforcement and other government entities. It bridges the gap between theoretically rich work on law-in-action and the empirical reality of Eurasia. The contributions in this volume include research on policing, the legal profession, public attitudes towards law, regime support and oppositional mobilisation, crime policy, and property rights, among others. The studies shift away from the common perception that, in Eurasia, the law exists only as a tool for the state to enforce order and suppress dissent. Instead, they show, through empirical analyses, that citizens evade, use, reinterpret and shape the law even in authoritarian contexts-sometimes containing state violence and challenging the regime, and other times reinforcing state capture from below. The chapters in this book were originally published as a special issue of the journal Europe-Asia Studies.
It contributes to the field of posthumanism through its application of posthuman feminism to international law Interdisciplinary approach. Will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.
The book's narrative style makes it accessible to both general interest and specialist readers. Such as historians, political scientists and other social scientists, who will gain an understanding of the impact of police suppression on political speech, especially anti-war speech, in Japan. The book will be of very strong interest to anyone with an interest in Japan's evolution as a democratic society or the operation of Japan's legal system and to scholars and students of comparative law and peace studies. Little known outside Japan, and not well remembered within the country, in Repeta's capable hands the tale of victories, reversals, and limited vindication of the defendants offers a clear-eyed warning of the challenges to free speech faced by Japanese society today.
The book's narrative style makes it accessible to both general interest and specialist readers. Such as historians, political scientists and other social scientists, who will gain an understanding of the impact of police suppression on political speech, especially anti-war speech, in Japan. The book will be of very strong interest to anyone with an interest in Japan's evolution as a democratic society or the operation of Japan's legal system and to scholars and students of comparative law and peace studies. Little known outside Japan, and not well remembered within the country, in Repeta's capable hands the tale of victories, reversals, and limited vindication of the defendants offers a clear-eyed warning of the challenges to free speech faced by Japanese society today.
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.
The volume explores the consequences of recent events in global Internet policy and possible ways forward following the 2012 World Conference on International Telecommunications (WCIT-12). It offers expert views on transformations in governance, the future of multistakeholderism and the salience of cybersecurity. Based on the varied backgrounds of the contributors, the book provides an interdisciplinary perspective drawing on international relations, international law and communication studies. It addresses not only researchers interested in the evolution of new forms of transnational networked governance, but also practitioners who wish to get a scholarly reflection on current regulatory developments. It notably provides firsthand accounts on the role of the WCIT-12 in the future of Internet governance.
This book is the first-ever comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh. The book not only sheds new light on classical international law concepts, such as statehood, citizenship, and self-determination, but also covers more current issues including Rohingya refugees, climate change, sustainable development, readymade garment workers and crimes against humanity. Written by area specialists, the book explores how international law shaped Bangladesh state practice over the last five decades; how Bangladesh in turn contributed to the development of international law; and the manner in which international law is also used as a hegemonic tool for marginalising less powerful countries like Bangladesh. By analysing stories of an ambivalent relationship between international law and post-colonial states, the book exposes the duality of international law as both a problem-solving tool and as a language of hegemony. Despite its focus on Bangladesh, the book deals with the more general problem of post-colonial states' problematic relationship with international law and so will be of interest to students and scholars of international law in general, as well as those interested in the Global South and South Asia in particular.
This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world. In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development. This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.
In 1995 the United Nations celebrated its 50th anniversary, ensuring that public and scholarly interest in this increasingly important field of international politics is particularly high at this point in time. This two-volume set, reproducing official documents in this field (such as charters, statutes, and other legal instruments) provides easy access to the legal bases of international organizations. As such, the set will be an invaluable addition to the library of all scholars and practitioners of international law.
This book explores the methods through which international law and its associated innovative global governance mechanisms can strengthen, foster and scale up the impacts of treaty regimes and international law on the ability to implement global governance mechanisms. Examining these questions through the lens of the Sustainable Development Goals (SDGs), the book looks at environmental, social and economic treaty regimes. It analyses legal methodologies as well as comparative methods of assessing the relationship between the SDGs and treaty regimes and international law. Contradictions exist between international treaty regimes and principles of international law resulting in conflicting implementation of the treaty regimes and of global governance mechanisms. Without determining these areas of contest and highlighting their detrimental impacts, the SDGs and other efforts at global governance cannot maximize their legal and societal benefits. The book concludes by suggesting a path forward for the SDGs and for international treaty regimes that is forged in a solid understanding and application of the advantages of global governance mechanisms, including reflections from the COVID-19 pandemic experience. Addressing the strengths, gaps and weaknesses related to treaty regimes and global governance mechanisms, the book provides readers with a comprehensive understanding of this increasingly important topic. It will be of interest to students, researchers and practitioners with an interest in sustainability and law.
This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into 'active' and 'passive' rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that - unlike existing attempts to place the corporation in international legal theory - does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on 'human problems' and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have 'passive' or procedural rights that cater to problems that can be characterized as 'universal' but that international law should avoid universalizing 'active' or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.
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 book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism - defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book's non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.
International Relations and International Law continue to be accented by epistemic violence by naturalizing a separation between law and morality. What does such positivist juridical ethos make possible when considering that both disciplines reify a secular (immanent) ontology? International Law, Necropolitics, and Arab Lives emphasizes that positivist jurisprudence (re)conquered Arabia by subjugating Arab life to the power of death using extrajudicial techniques of violence seeking the implementation of a "New Middle East" that is no longer "resistant to Latin-European modernity", but amenable to such exclusionary telos. The monograph goes beyond the limited remonstration asserting that the problematique with both disciplines is that they are primarily "Eurocentric". Rather, the epistemic inquiry uncovers that legalizing necropower is necessary for the temporal coherence of secular-modernity since a humanitarian logic masks sovereignty inherently being necropolitical by categorizing Arab-Islamic epistemology as an internal-external enemy from which national(ist) citizenship must be defended. This creates a sense of danger around which to unite "modern" epistemology whilst reinforcing the purity of a particular ontology at the expense of banning and de-humanizing a supposed impure Arab refugee. This book will be of interest to graduate students, scholars, and finally, practitioners of international relations, political theory, philosophical theology, and legal-theory.
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.
1. This book has a market across criminology and South-East Asian Studies. 2. Most research findings on policing are based in Anglo-American assumptions; this book joins the growing literature on policing (and other parts of the criminal justice system) from other parts of the world, and particularly the Global South. |
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