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Books > Law > Jurisprudence & general issues > Foundations of law > General

Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge (Hardcover): Charles Lawson, Michelle... Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge (Hardcover)
Charles Lawson, Michelle Rourke, Fran Humphries
R4,077 Discovery Miles 40 770 Ships in 10 - 15 working days

Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.

Posted Work in the European Union - The Political Economy of Free Movement (Hardcover): Jens Arnholtz, Nathan Lillie Posted Work in the European Union - The Political Economy of Free Movement (Hardcover)
Jens Arnholtz, Nathan Lillie
R4,488 Discovery Miles 44 880 Ships in 10 - 15 working days

Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.

Nuclear Power in Stagnation - A Cultural Approach to Failed Expansion (Paperback): David Toke, Geoffrey Chun-fung Chen, Antony... Nuclear Power in Stagnation - A Cultural Approach to Failed Expansion (Paperback)
David Toke, Geoffrey Chun-fung Chen, Antony Froggatt, Richard Connolly
R1,364 Discovery Miles 13 640 Ships in 10 - 15 working days

This book studies the extent to which nuclear safety issues have contributed towards the stagnation of nuclear power development around the world, and accounts for differences in safety regulations in different countries. In order to understand why nuclear development has not met widespread expectations, this book focusses on six key countries with active nuclear power programmes: the USA, China, France, South Korea, the UK, and Russia. The authors integrate cultural theory and theory of regulation, and examine the links between pressures of cultural bias on regulatory outcomes and political pressures which have led to increased safety requirements and subsequent economic costs. They discover that although nuclear safety is an important upward driver of costs in the nuclear power industry, this is influenced by the inherent need to control potentially dangerous reactions rather than stricter nuclear safety standards. The findings reveal that differences in the strictness of nuclear safety regulations between different countries can be understood by understanding differences in cultural contexts and the changes in this over time. This book will be of great interest to students, scholars, and policymakers working on energy policy and regulation, environmental politics and policy, and environment and sustainability more generally.

Non-Judicial Remedies and EU Administration - Protection of Rights versus Preservation of Autonomy (Paperback): Paola Chirulli,... Non-Judicial Remedies and EU Administration - Protection of Rights versus Preservation of Autonomy (Paperback)
Paola Chirulli, Luca De Lucia
R1,390 Discovery Miles 13 900 Ships in 10 - 15 working days

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

Data - New Trajectories in Law (Paperback): Robert Herian Data - New Trajectories in Law (Paperback)
Robert Herian
R791 Discovery Miles 7 910 Ships in 10 - 15 working days

This book explores the phenomenon of data - big and small - in the contemporary digital, informatic and legal-bureaucratic context. Challenging the way in which legal interest in data has focused on rights and privacy concerns, this book examines the contestable, multivocal and multifaceted figure of the contemporary data subject. The book analyses "data" and "personal data" as contemporary phenomena, addressing the data realms, such as stores, institutions, systems and networks, out of which they emerge. It interrogates the role of law, regulation and governance in structuring both formal and informal definitions of the data subject, and disciplining data subjects through compliance with normative standards of conduct. Focusing on the 'personal' in and of data, the book pursues a re-evaluation of the nature, role and place of the data subject qua legal subject in on and offline societies: one that does not begin and end with the inviolability of individual rights but returns to more fundamental legal principles suited to considerations of personhood, such as stewardship, trust, property and contract. The book's concern with the production, use, abuse and alienation of personal data within the context of contemporary communicative capitalism will appeal to scholars and students of law, science and technology studies, and sociology; as well as those with broader political interests in this area.

Law, Policy and Climate Change - The Regulation of Systemic Risks (Hardcover): Dariel De Sousa Law, Policy and Climate Change - The Regulation of Systemic Risks (Hardcover)
Dariel De Sousa
R4,505 Discovery Miles 45 050 Ships in 10 - 15 working days

Focusing on systemic risks caused by climate change, this book examines how these risks can be effectively regulated to ensure resilience and avoid catastrophe. Systemic risks are risks that threaten the systems upon which society depends, including ecosystems, social systems, financial systems, and systems of infrastructure. Such risks are typically characterised by inherent complexity, profound uncertainty, and overwhelming ambiguity. In combination, these features pose significant regulatory challenges for policy and law-makers. Examining how different types of systemic risks caused by climate change are being regulated in four different jurisdictions - the EU, the UK, the US and Australia - this book identifies deficiencies associated with regulating systemic risks using a traditional approach, based on a linear relationship between risk and regulation, which is widely used to regulate risk. The book advances a regulatory approach that is, instead, founded on the concept of "risk governance". This involves a structured yet flexible, holistic, interdisciplinary and inclusive basis for responding to systemic risks; and it is, this book argues, a more effective basis for regulating systemic risks given their uncertainty, complexity and ambiguity. This book will appeal to academics, policy and law-makers and practitioners working at the intersection of law and policy in the areas of regulation, risk management and climate change.

Dictatorship - New Trajectories in Law (Paperback): Dimitrios Kivotidis Dictatorship - New Trajectories in Law (Paperback)
Dimitrios Kivotidis
R773 Discovery Miles 7 730 Ships in 10 - 15 working days

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.

Virtual Freedoms, Terrorism and the Law (Paperback): Giovanna De Minico, Oreste Pollicino Virtual Freedoms, Terrorism and the Law (Paperback)
Giovanna De Minico, Oreste Pollicino
R1,385 Discovery Miles 13 850 Ships in 10 - 15 working days

This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

Child Rights and Displacement in East Africa - Agency and Spatial Justice in Planning Policy (Hardcover): Cherie C. Enns,... Child Rights and Displacement in East Africa - Agency and Spatial Justice in Planning Policy (Hardcover)
Cherie C. Enns, Willibard J. Kombe
R4,493 Discovery Miles 44 930 Ships in 10 - 15 working days

Focusing on the intersection of spatial justice, child rights, and planning policy, this book investigates the challenges of resettlement in East Africa, where half of those displaced are children. The challenges created by displacement and resettlement are often considered from an adult-centric perspective by planners and humanitarian and development experts. The spatial injustice of displacement and resettlement, the agency of children, and the application of tools such as Child Participatory Vulnerability Index (CPVI) is siloed, commonly overlooked, or discounted. This book uses a CPVI and rights-based assessment of land-use policies, to investigate resettlement due to conflict and settlement in northern Uganda, floods due to climate change in Dar es Salaam, Tanzania, and urban to rural migration of children due to the aids pandemic in Western Kenya. Case studies from over a decade of field research are integrated with examples from applied planning projects and policy development in the East Africa region. This book uses spatial justice theory to show how child-friendly planning approaches can positively promote child rights in the context of resettlement. Providing important insights on how to enact child-friendly planning in informal settlements, refugee camps, and displacement camps, this book will be of interest to planning and development professionals, and researchers across the fields of children's rights, Development Studies, Planning, and African Studies.

Islam, Blasphemy, and Human Rights in Indonesia - The Trial of Ahok (Paperback): Daniel Peterson Islam, Blasphemy, and Human Rights in Indonesia - The Trial of Ahok (Paperback)
Daniel Peterson
R1,383 Discovery Miles 13 830 Ships in 10 - 15 working days

Using the high-profile 2017 blasphemy trial of the former governor of Jakarta, Basuki 'Ahok' Tjahaja Purnama, as its sole case study, this book assesses whether Indonesia's liberal democratic human rights legal regime can withstand the rise of growing Islamist majoritarian sentiment. Specifically, this book analyses whether a 2010 decision of Indonesia's Constitutional Court has rendered the liberal democratic human rights guarantees contained in Indonesia's 1945 Constitution ineffective. Key legal documents, including the indictment issued by the North Jakarta Attorney-General and General Prosecutor, the defence's 'Notice of Defence', and the North Jakarta State Court's convicting judgment, are examined. The book shows how Islamist majoritarians in Indonesia have hijacked human rights discourse by attributing new, inaccurate meanings to key liberal democratic concepts. This has provided them with a human rights law-based justification for the prioritisation of the religious sensibilities and religious orthodoxy of Indonesia's Muslim majority over the fundamental rights of the country's religious minorities. While Ahok's conviction evidences this, the book cautions that matters pertaining to public religion will remain a site of contestation in contemporary Indonesia for the foreseeable future. A groundbreaking study of the Ahok trial, the blasphemy law, and the contentious politics of religious freedom and cultural citizenship in Indonesia, this book will be of interest to academics working in the fields of religion, Islamic studies, religious studies, law and society, law and development, law reform, constitutionalism, politics, history and social change, and Southeast Asian studies.

Internally Displaced Persons and the Law in Nigeria (Hardcover, 1st Edition): Aderomola Adeola Internally Displaced Persons and the Law in Nigeria (Hardcover, 1st Edition)
Aderomola Adeola
R1,663 Discovery Miles 16 630 Ships in 10 - 15 working days

This book examines the national legal frameworks in place for internally displaced people in Nigeria and considers how they can be extended to provide further legal protection.

Despite a growing global awareness of the importance of developing solutions to the problem of internal displacement, how that translates to national level response is often under-researched. This book focuses on Nigeria, where conflict and violence continue to drive high levels of displacement. The book begins by examining the definitions and causes of internal displacement in the national context, before considering the state of national law, and the applicability of the Kampala Convention for furthering protection and assistance for internally displaced persons.

This book will be of interest to researchers of African studies and internal displacement, as well as to policy makers, civil society organizations, humanitarian actors and other regional and international stakeholders.

Table of Contents

Chapter 1. Context

1.1 Introduction

1.2 Migrants, Refugees and Internally Displaced Persons: Clarification

1.3 The Essence of Law

1.4 Sources of Nigerian Law

1.5 Scope and Objective

Chapter 2. Internal Displacement in Nigeria

2.1 Introduction

2.2 Definition

2.3 Causes

2.4 Conclusion

Chapter 3. Applicable Frameworks on Internally Displaced Persons in Nigeria

3.1 Introduction

3.2 The 1999 Nigerian Constitution

3.3 Relevant Legal Frameworks

3.4 Legal Stopgap: the Kampala Convention as supplementary law

3.5 Conclusion

Chapter 4. Reflection on the National Policy on internally displaced persons, 2021

4.1 Introduction

4.2 Brief background

4.3 The Policy framework

4.4 Conclusion

Chapter 5. Conclusion

/

Law, Ecology, and the Management of Complex Systems - The Case of Water Governance (Hardcover): Tiina Paloniitty Law, Ecology, and the Management of Complex Systems - The Case of Water Governance (Hardcover)
Tiina Paloniitty
R4,494 Discovery Miles 44 940 Ships in 10 - 15 working days

This book addresses the role of law in the adaptive management of socio-ecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law, as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called 'adaptive management' on the legal sphere. Even though the complicated relations between law and the adaptive management of socio-ecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path toward embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the 'normative' is created gradually before law begins to examine the 'facts' of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socio-ecological management of complex systems and not merely an external umpire resolving disputes. As a whole, the book offers new insights into the EU regulator's approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.

Law and the Regulation of Scientific Research - Trusting Experts (Hardcover): Mark Davies Law and the Regulation of Scientific Research - Trusting Experts (Hardcover)
Mark Davies
R4,505 Discovery Miles 45 050 Ships in 10 - 15 working days

Scientific research is fundamental to addressing issues of great importance to the development of human knowledge. Scientific research fuels advances in medicine, technology and other areas important to society and has to be credible, trustworthy and able to command confidence in the face of inevitable uncertainties. Scientific researchers must be trusted and respected when they engage with knowledge acquisition and dissemination and as ethical guardians in their education and training roles of future generations of researchers. The core values of scientific research transcend disciplinary and national boundaries and approaches to the organisation and oversight of research systems can impact significantly upon the ethics and conduct of researchers. This book draws upon legal expertise to critically analyse issues of regulation, conduct and ethics at the important interface between scientific research and regulatory and legal environments. In so doing it aims to contribute important additional perspectives to the existing literature. Case studies are engaged with to assist with the critical analysis of the current position and the consideration of future possibilities. The book will be of interest to academics in the fields of science, law and policy; science and law students; and scientific researchers at more advanced stages of their careers. Research professionals in government and the private sector and legal practitioners with interests in the regulation of research should also find the work of interest.

The Law of Off-label Uses of Medicines - Regulation and Litigation in the EU, UK and USA (Hardcover): Andrea Parziale The Law of Off-label Uses of Medicines - Regulation and Litigation in the EU, UK and USA (Hardcover)
Andrea Parziale
R4,495 Discovery Miles 44 950 Ships in 10 - 15 working days

This book examines the regulatory framework for untested and unapproved uses (off-label uses) of medicines in the EU, UK, and USA. Before reaching patients, medicines are extensively tested by manufacturers and approved by regulators to minimise the risk of adverse reactions. However, physicians can prescribe pharmaceuticals for off-label uses, widespread in paediatrics, oncology, rare diseases and, more recently, in treatment for Covid-19. While off-label uses may offer hope, they may also expose patients to risks and uncertainties. Clarification is therefore needed to improve the protection of patients' rights while enhancing legal certainty for health actors. To this end, this work clarifies the regulatory mechanisms and litigation trends concerning off-licence prescriptions in these jurisdictions. It assesses how traditional, prevention-driven regulatory and civil liability rules are being adapted to tackle potential risks and scientific uncertainty. The book outlines the applicable regulations, as well as considering Brexit's impact on off-label policies in the UK, and EU and national off-label policies in the context of the fight against the Covid-19 pandemic. It also explores under what conditions physicians, manufacturers, or regulators must compensate patients injured by untested prescriptions. The book will be an essential resource for researchers, academics and policy-makers working in the areas of medical law and ethics, public health law, pharmaceutical law and private comparative law.

Chinese State Owned Enterprises and EU Merger Control (Paperback): Alexandr Svetlicinii Chinese State Owned Enterprises and EU Merger Control (Paperback)
Alexandr Svetlicinii
R800 Discovery Miles 8 000 Ships in 10 - 15 working days

This book analyzes the specifics of corporate governance of China's State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission's screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.

Air Transport and Regional Development Methodologies (Paperback): Nicole Adler, Anne Graham, Ofelia Betancor, Volodymyr... Air Transport and Regional Development Methodologies (Paperback)
Nicole Adler, Anne Graham, Ofelia Betancor, Volodymyr Bilotkach, Enrique J. Calderon, …
R1,395 Discovery Miles 13 950 Ships in 10 - 15 working days

Air Transport and Regional Development Methodologies is one of three interconnected books related to a four-year European Cooperation in Science and Technology (COST) Action established in 2015. The action, called Air Transport and Regional Development (ATARD), aimed to promote a better understanding of how the air transport-related problems of core regions and remote regions should be addressed to enhance both economic competitiveness and social cohesion in Europe. This book discusses key methodological approaches to assessing air transport and regional development, outlining their respective strengths and weaknesses. These include input- output analysis, cost benefit analysis, computable general equilibrium models, data envelopment analysis, stochastic frontier analysis, discrete choice models and game theory. Air Transport and Regional Development Methodologies aims at becoming a major reference source on the topic, drawing from experienced researchers in the field, covering the diverse experience and knowledge of the members of the COST Action. The book will be of interest to several large groups. First, it will serve as an authoritative and comprehensive reference for academics, researchers and consultants. Second, it will advise policy- makers and government organizations at European, national and regional levels. Third, it presents invaluable insights to transport companies such as airports and airline operators. Along with the other two books (Air Transport and Regional Development Policies and Air Transport and Regional Development Case Studies), it fills a much-needed gap in the literature.

The Political Economy of International Commodity Cartels - An Economic History of the European Timber Trade in the 1930s... The Political Economy of International Commodity Cartels - An Economic History of the European Timber Trade in the 1930s (Paperback)
Elina Kuorelahti
R1,368 Discovery Miles 13 680 Ships in 10 - 15 working days

The Political Economy of International Commodity Cartels examines how international commodity cartels in the 1930s were impacted not only by commercial rivalry, but also by international trade political and diplomatic concerns. This work presents the rise and decline of the European Timber Exporters' Convention (ETEC) and analyses how firms navigated through the cartel game under increasing international competition, pressures from the national governments, and the interventionist endeavours of the League of Nations. Cartels are often associated with, in the standard economic interpretation, business collusion. However, in using vast archive sources and historical methodology, the chapters in this book shed light onto how international relations shaped cartels. The rise of British protectionism, the emergence of the Soviet Union as an industrial power, and the economic rapprochement of the League of Nations in the early 1930s created a wave of political and diplomatic challenges in the timber trading countries and affected cartelisation. Timber firms in the biggest producer countries-Finland and Sweden-were uninterested in international cartel collaboration, but under pressure joined the ETEC nevertheless. This book makes a strong contribution to the fields of business history and cartel studies. It is an essential read for economic historians interested in how political pressure shaped international cartels and how cartels became avenues of diplomacy.

Applied Legal Pluralism - Processes, Driving Forces and Effects (Hardcover): Ghislain Otis, Jean LeClair, Sophie Theriault Applied Legal Pluralism - Processes, Driving Forces and Effects (Hardcover)
Ghislain Otis, Jean LeClair, Sophie Theriault
R4,505 Discovery Miles 45 050 Ships in 10 - 15 working days

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.

Cross-Border Police Collaboration - Building Communities of Practice in the Baltic Sea Area (Paperback): Sophia Yakhlef Cross-Border Police Collaboration - Building Communities of Practice in the Baltic Sea Area (Paperback)
Sophia Yakhlef
R1,374 Discovery Miles 13 740 Ships in 10 - 15 working days

This book focuses on a border police collaboration project in the Baltic Sea area aiming at fighting cross-border crimes. It deals with the challenges that inherently "suspicious" organizations face when forced to work together. The study offers unique insights into a European border police project, giving the reader a behind the scenes account of how cross-border policing and organized crime in Europe is prevented and solved. Through detailed ethnographic descriptions, the book describes how a trust-based relationship, which is necessary for the exchange of sensitive intelligence information, gradually developed by the participants in and through their joint efforts to protect Europe from external threats and by performing everyday work together. The study presented in this book is of interest to scholars as well as practitioners concerned with migration management, border policing, intelligence analysis, police culture, and the changing nature of policing in an increasingly global and interconnected world. The book includes various sociological features, such as emotion management, emotional labor, hegemonic masculinity, and takes an interactionist perspective on informal interactions such as joking, bantering, and telling stories. It is also of interest to readers engaged in various forms of intra-, inter-organizational, and inter-cultural collaborations.

Christianity and Private Law (Paperback): Michael Moreland, Robert Cochran Jr. Christianity and Private Law (Paperback)
Michael Moreland, Robert Cochran Jr.
R1,385 Discovery Miles 13 850 Ships in 10 - 15 working days

This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.

The Law and Regulation of Airspace Liberalisation in Brazil - What is the Way Forward? (Hardcover): Delphine Defossez The Law and Regulation of Airspace Liberalisation in Brazil - What is the Way Forward? (Hardcover)
Delphine Defossez
R4,502 Discovery Miles 45 020 Ships in 10 - 15 working days

The book starts from the premise that the current aviation framework, in Brazil, cannot sustain a full liberalisation in the long run. While the competition rules in place offer a strong framework, which only requires small modifications, these rules are not "enough" to foster a "healthy" liberalisation. In fact, until recently, Brazilian airlines were operating in a homogenous market, where competition was artificial. This artificial competition, obtained through the imposition of a legal obligation to provide water and a snack and grant a 23kg bag allowance, has resulted in a highly concentrated domestic market with very few players. Compared to other same size markets, such as China or India, Brazil is far behind in terms of airlines operating at national level. Consequently, the opening of the domestic market must be closely regulated to avoid national carriers suffocating under external pressure. For this reason, state intervention during the liberalisation process is crucial. State intervention is also with regard to the protection of passengers. The other major problem is the protection framework for passengers which is much too uncertain and burdensome. In a sense, it is detrimental to the domestic market and passengers. Indeed, there is no harmonisation of passenger compensation leading to contradictory judgments and possible high moral damages which hinders legal certainty for airlines. Compared to the situation in the EU, in Brazil, airlines have a limited range of defences, which are often dismissed by courts. This book, therefore, critically analyses the policies and regulations in place by mainly comparing the Brazilian framework to the European one. This choice has been motivated by the fact that European liberalisation is considered the best so far, and as Brazil is starting this process much later, it could benefit from the European experience. This book will be of particular interest to scholars and practitioners interested in the Brazilian system.

Agricultural Policy in the United States - Evolution and Economics (Hardcover, 2nd edition): James L. Novak, Larry D Sanders,... Agricultural Policy in the United States - Evolution and Economics (Hardcover, 2nd edition)
James L. Novak, Larry D Sanders, Amy D. Hagerman
R6,614 Discovery Miles 66 140 Ships in 10 - 15 working days

Agricultural Policy in the United States: Evolution and Economics traces U.S. agricultural policy from its colonial roots to the present, using economic concepts to analyze and interpret political and economic consequences. It also examines the processes by which agricultural policies are developed, and the government structure which supports the implementation of legislation passed by Congress. The book includes arguments for and against common tools of U.S. agricultural policy, without influencing the reader in a particular direction. Each chapter contains questions and exercises to support students' learning, and technical economic material is contained in optional appendices. This second edition examines the Agriculture Improvement Act of 2018 and sets the scene for future policy developments. Additionally, it looks at trade wars and the impact of Black Swan events like the COVID-19 pandemic on agricultural resilience.

The Human Right to Water and International Economic Law (Hardcover): Roberta Greco The Human Right to Water and International Economic Law (Hardcover)
Roberta Greco
R4,494 Discovery Miles 44 940 Ships in 10 - 15 working days

This book discusses the international right to water and the liberalization of water services. It is concerned with the harmonization of the right to water with the legal systems under which liberalization of water services has taken or may take place. It assesses paths of harmonization between international human rights law and international economic law in this specific field. The issue of the compatibility between the fulfilment of the right to water and the liberalization of water services has been at the heart of a passionate public debate between opponents and advocates of the privatization of the utility. The book provides an unbiased analysis of different international legal regimes under which the liberalization of water services has occurred or is likely to occur, notably international investment law, international trade law and European Union law, in order to assess whether the main features of the right to water can be guaranteed under each of these systems of law and whether there is space for prospective harmonization. The work will be an invaluable resource for academics, researchers and policy-makers working in the areas of International Human Rights Law, International Economic Law, International Water Law, International Trade Law and EU Law.

The Constitution and Governance in Cameroon (Paperback): Laura-Stella E. Enonchong The Constitution and Governance in Cameroon (Paperback)
Laura-Stella E. Enonchong
R1,387 Discovery Miles 13 870 Ships in 10 - 15 working days

This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon's semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960-1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first critical assessment of the legislative provisions carving out a special autonomy status for the two Anglophone regions of Cameroon and considers how far these provisions go to resolve the Anglophone Problem. This book will be of interest to scholars of public law, legal history and African politics. The Open Access version of this book, available at https://www.taylorfrancis.com/books/9781351028868, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Tax Sovereignty and the Law in the Digital and Global Economy (Paperback): Francesco Farri Tax Sovereignty and the Law in the Digital and Global Economy (Paperback)
Francesco Farri
R1,384 Discovery Miles 13 840 Ships in 10 - 15 working days

This book discusses which is the most appropriate tax dimension to best manage the new horizons of the global and digital economy. In this perspective, the efficiency of the main models is examined and two fundamental proposals are put forth: the first one aims at a coordination of the Destination-Based approach with the role of some specific digital assets, such as user data; the second one is a framework for a possible futuristic tax phenomenon all internal to the world of the internet and not linked to traditional territorial States. The compliance of these models with the constitutional principles that western democratic systems have affirmed over time in matters of taxation is then analyzed with particular regard to legal certainty, consent to taxation and to the re-distributive function of taxes. A specific evaluation of the role of the European Union is carried out and the jurisprudence on financial interests of the Union and on State aids is analyzed and tackled in light of the Treaty on the Functioning of the European Union and of the tax sovereignty of member States. The conclusion is that the model of the organization with a general political purpose, from which modern States take their inspiration, appears unfailing for a tax project that would focus on the good and the growth of the person and of the social aggregations in which everyone lives. A model that therefore deserves to be safeguarded, although with new methods and instruments, starting from a Destination-Based Asset-Coordinated approach, in the Third Millennium. The book will be of interest to researchers and academics in international tax law, constitutional law and in political science.

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