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Books > Law > Laws of other jurisdictions & general law > General
The Law of Commerce in South Africa 2/e provides a clear and practical introduction to various fields of commercial law, for students of accounting and other business disciplines. The text conveys concepts and principles of commercial law in a manner which is accessible and vibrant, clearly demonstrating the practical relevance and application of the legal principles in the commercial world. The text provides clear explanation and extensive illustrative examples to support understanding, as well as a clear pedagogical structure which includes end-of-chapter questions to assess comprehension.
Jurisprudence in an African Context, Second Edition, is devoted to the philosophy of law in a way that engages earnestly with African thought and the African context. The textbook features primary texts by leading African intellectuals, putting these in critical dialogue with works by Western theorists. It addresses core jurisprudential topics, such as the nature and functions of law, the manner in which judges do and should interpret the law, theories of distributive justice, and accounts of civil and criminal justice. These abstract philosophical issues are considered in the light of both African and Western principles as applied to salient controversies on the African continent. This revised and updated second edition offers a deepened examination of the philosophical theories, the African context and African customary law. It includes new chapters that address critical race theory and feminism, and provides expanded analysis of primary texts. Further reading lists are also n ow available in each chapter, and links to online media are integrated throughout the work. Jurisprudence in an African Context, Second Edition, is suited as core material for courses in African jurisprudence, legal philosophy or political theory, and may be of interest to scholars who wish to engage with African thought about the making, interpretation and enforcement of law.
George Bizos is one of a distinguished group of human rights lawyers who in the dark days of apartheid sought to uncover the state's role in eliminating its opponents. Some, like Biko, Timol and Aggett, were arrested and died in detention, while others, like Matthew Goniwe, were abducted and killed. As counsel for the families of the deceased, George Bizos was centrally involved in many of the inquests following these high-profile deaths. He is thus well placed to tell the story of the great courtroom dramas in which, with devastating skill, he and his colleagues pared away the tissue of lies protecting the security forces and the state functionaries—only to be rewarded with the invariable finding that there was 'no one to blame'.
There is already ample evidence that the new constitutional order has triggered an unprecedented flowering of South African jurisprudential debate. The aim of this book is to provide a sensitive and intuitive understanding of these debates. In addition, lecturers will be given an innovative approach to what has been previously regarded as a difficult, boring and irrelevant subject.
This edition of Cession for Students is an update with some new cases added and a more user-friendly format. The book is a useful tool for both students and practitioners in mastering this complicated subject. Cession for Students is divided into three sections: the substantive law of cession, case study questions and a short introduction to the drafting of cession documents. The first section is for examination purposes, the second to test insight and practical knowledge and the third serves as a practical aid. Contents Include:
The use of unmanned aircrafts, commonly known as drones, is developing at a fast pace worldwide. Drones are extremely versatile and capable of performing a wide variety of applications. However, applicable regulations are still lagging behind in technological progress and volume growth. The authors provide an in-depth study on prevailing drone law and policy in order to achieve a seamless integration of drone technology into the legal order of civil aviation. The drone market largely depends on the successful implementation of such a comprehensive international regulatory framework that will allow for safe, secure and environmentally friendly operations, while technologies must be mature enough to ensure full integration of drones into non-segregated airspace in the foreseeable future. Monitoring, evaluating and analysing drone operations is a continuous and systematic process, generating knowledge and best practices, also for streamlining such an all-encompassing regulatory framework.
The only book of its kind, Introduction to South Pacific Law provides an overview of law in Pacific Island countries and in Papua New Guinea. It sets out the framework of South Pacific legal systems and also describes the substantive law on a broad range of topics.Examining both State laws and customary laws, the book highlights common patterns and explains some of the principal differences between the laws and legal systems of the countries of the region.The introductory chapter looks at the development of South Pacific law and at South Pacific jurisprudence. Individual chapters are devoted to State laws, customary laws, constitutional law, administrative law, criminal law, family law, contract law, torts law, land law and court systems. The book makes extensive reference to legislative provisions and case law of individual jurisdictions.Including a discussion of recent changes in the law, this new edition of Introduction to South Pacific Law is a useful and up-to-date resource for all those interested in the law of the region.JENNIFER CORRIN is Professor Emerita at The University of Queensland. She is an academic and consultant on law reform and development in plural legal regimes and legal issues affecting small States. Before joining The University of Queensland, she spent five years at the University of the South Pacific, having joined the Faculty after nine years in her own legal firm in Solomon Islands. She is author of Contract Law in the South Pacific (now in its second edition) and co-author of Courts and Civil Procedure in the South Pacific. She is co-editor of Legal Systems of the Pacific.JUSTICE DR VERGIL NAROKOBI is a Judge of the National Court and Supreme Court of Papua New Guinea. Prior to his appointment as a judge in 2020, he was Legal Counsel at the Ombudsman Commission of Papua New Guinea and President of the Papua New Guinea Law Society. His PhD from Victoria University of Wellington examined the implementation of Papua New Guineas national goals and directive principles and basic social obligations. He also holds an LLM from the University of Cambridge.
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
The Oxford Companion to American Law provides a comprehensive A-Z guide to the main lines of American law, including the institutions, doctrines, concepts, people, events, and cases that have given and continue to give shape to it.
Rodes examines the legal materials (cases, statutes, canons, and measures) used in the English experience of updating the medieval synthesis of church and state.
European law has come to influence almost all fields of national law, including administrative, constitutional, contract, criminal and even tort law. But what is the European Union? How does it work? How does it produce European law? This book uses a clear framework to guide readers through all core constitutional and substantive topics of EU law. New content includes: a Brexit chapter covering the negotiation process and the possible future relationships between the United Kingdom and the European Union, new EU private international law and EU criminal law sections, and extended coverage of delegated legislation, human rights and free movement of persons. All chapters reflect judicial and legislative practice up to 31st December 2017. Key features include case extracts accompanied by extensive critical discussion of the theoretical and practical aspects of EU law, over 100 figures and tables clarifying complex topics and a companion website with full 'Lisbonised' versions of cited cases and many extra materials.
Online Dispute Resolution - Theory and Practice is intended to provide an in-depth analysis and overview of not only the past and present but also the future of Online Dispute Resolution. It serves as a guide to scholars and practitioners having an interest in the interplay between dispute resolution, ICTs and AI applications. The book employs international, comparative, empirical, and interdisciplinary approaches to a myriad of legal and technical issues across the ODR spectrum. ODR is a field that lies at the intersection of dispute resolution and technology and our challenge has been to examine the many different areas that are being touched by these elements of modern life. This second edition updates information about ODR around the world, extends and brings up to date ODR approaches to facilitation, mediation, arbitration, and ecommerce, and adds important information about new technologies like blockchain and artificial intelligence. Online Dispute Resolution - Theory and Practice is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field.
This book provides a comprehensive account of Japan's space program, including the history of its space organizations, laws, and policies. The two main laws covering space activities are the Act on Launching of Spacecraft, etc. and Control of Spacecraft, and the Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data, both of which are discussed in detail. Also closely examined is the 2020 Basic Plan on Space Policy, which deals with the broad policy goals and specific programs of Japan's space development. In addition, a more general overview of Japanese foreign investment legislation is discussed for the benefit of non-Japanese participants in Japan-based space activities. The book is aimed at readers who are interested in Japanese space law, have a general interest in Japan's space development, or who may be considering participation in a growing and increasingly diverse array of Japanese space-related business opportunities.
Exam Board: Pearson BTEC Academic Level: BTEC National Subject: Applied Law First teaching: September 2017 First Assessments: Summer 2018 Ideal for classroom or independent study, this Revision Guide with ActiveBook is the smart choice for learners studying for the externally assessed units 1 and 3 of the new BTEC Nationals in Applied Law qualifications. The Revision Guide is accompanied by an ActiveBook (eBook) so that learners have the choice and flexibility to access materials anytime or anywhere. The visually engaging format breaks the content down into easily-digestible sections for students and provides hassle-free instant-access revision for learners. Clear specification fit, with revision activities and annotated sample responses for each unit to show students how to tackle the assessed tasks. Written with students in mind - in an informal voice that talks directly to them. Designed to be used alongside the Workbook with clear unit-by-unit correspondence to make it easy to use the books together.
The past decade has witnessed a proliferation of regulatory agencies at both the national and the EU level. This coherent and clearly structured book is the first of its kind to analyse in equal measure, and interdependently, both national regulatory authorities and European agencies. It brings together a select group of highly esteemed contributors - authorities in their fields - to provide a systematic and over-arching view of regulation in the EU. Unlike many of the previous attempts to shed light on this increasingly opaque and complex co-existence of regulatory systems, this book takes a genuinely multi-disciplinary approach with integrated perspectives from law, politics and economics. Exploring firstly the rationales for the existence of agencies, the book then goes on to examine how agencies are designed in the EU before considering the legal and political challenges they raise, and finally comparing them with international agencies and agencies in an enlarged Europe and the wider world. Academic researchers in the fields of law, economics and politics will find Regulation through Agencies in the EU of great interest as will EU law practitioners, policymakers and regulators in Europe.
Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that undergird American federalism, with real consequences for governance that requires local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health reform, and other problems implicating local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective interjurisdictional governance by failing to navigate the tensions within federalism itself. The Constitution's dual sovereignty directive fosters an ideal set of good governance values-including the checks and balances between opposing centers of power that protect individuals, governmental accountability that enhances democratic participation, local autonomy that enables interjurisdictional innovation, and the synergy that federalism enables between local and national regulatory capacity for coping with problems neither level could resolve alone. In adjudicating questions of federalism, faithfulness to these values should be the touchstone. But they are suspended in a web of tension, such that privileging one may encroach upon another in different contexts. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. Providing new conceptual vocabulary for wrestling with old dilemmas, Ryan traces federalism's tug of war through history and into the present, proposing a series of innovations to bring judicial, legislative, and executive efforts to manage it into more fully theorized focus. The book outlines a model of Balanced Federalism that mediates federalism tensions on three separate planes: (1) fostering balance among the competing federalism values, (2) leveraging the functional capacities of the three branches of government in interpreting federalism, and (3) maximizing the wisdom of both state and federal actors in so doing. Along the way, the analysis provides clearer justification for the ways in which the tug of war is already mediated through various forms of balancing, compromise, and negotiation. The new framework better harmonizes the values that-though in tension-have made the American system of government so effective and enduring.
Despite the increasing trend towards deregulation, the public regulation of private activities remains a common phenomenon in industrialized countries. However, it is frequently claimed that slow and costly regulatory licensing procedures impede economic growth. This book investigates the strategic and adaptive interaction between citizen-applicants and administrators in regulatory licensing bodies, and studies the effects of policies to accelerate and simplify these processes.Based on a variation and extension of the enforcement game, the author demonstrates that amendments to procedural rules which aim to speed-up and improve licensing procedures may have the effect of reducing social welfare. He illustrates that the failure of a policy to increase the number of applications implies a failure to increase the number of licenses granted. This in turn causes a reduction of social welfare. Importantly, he shows that the reverse implications are not true and that despite an increase in the number of applications or licenses granted, social welfare may still decline. Therefore, he argues that any evaluation of procedural reforms on purely theoretical grounds is impossible. Only the measurement of real improvements in social welfare will verify the success of a policy. To establish failure, however, it is simply necessary to observe a decrease in the number of applications or licenses granted. This book is a rare combination of game theoretic modeling and microeconomic analysis on the effects of variations in the procedural rules of licensing. The conclusions drawn will interest and inform a wide variety of academics and researchers working in the fields of law and economics, regulation, administrative law and game theory.
This monograph intervenes in the long-standing and controversial debate on the socio-economic orientation of the European Union. Arguing that the European economic constitution is pluralist in the sense that it does not favour any specific socio-economic paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic law scholarship and European law in general. With the ongoing economic crisis triggering a significant interest in economic questions among legal scholars it is particularly timely and topical. |
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