Land Law and Governance: African Perspectives on Land Tenure and Title explores different ways of conceptualising secure land holding in Africa. The book brings together voices from different contexts, offering contrasting perspectives and methodological approaches. Land Law and Governance: African Perspectives on Land Tenure and Title also juxtaposes a range of political and academic viewpoints through theoretical discussions and case studies. The book thus opens up the discourse on forms of security of tenure in Africa, in a global context.

This text provides students with a variety of case materials on different aspects of administartive law. Each chapter begins with a short summary of the law and the legal issues raised in the chapter, followed by extracts from case law. As far as possible, the latest case law is used.

This thought-provoking book addresses the legal questions raised by the nexus between the rule of law and areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Working from an international law perspective, it examines the implications of limited statehood for the traditional State-based framing of the international legal order. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein, both with and without the approval of the State. Contributors discuss the impact of contested sovereignty on the rule of law, international responsibility with regard to rebel governance in these areas, and the consequences of limited statehood for international peace and security. This book will be useful for students and scholars of international law and international relations, particularly those working on sovereignty and statehood, non-state actors, State responsibility, and the rule of law. It will also appeal to practitioners and policy-makers working in these same fields in either State or global governance apparatus.

Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework. Building on existing research, this book analyses the EU Directive (2019) harmonising 'preventive restructuring' law in a number of member states of the EU. Embodying a modern approach to business failure involving radical concepts, it examines the imposition of a stay or moratorium, the process of agreeing a compromise of existing debt through cram-down and final approval, and ultimately financing the rescued business into the future. These concepts are considered in addition to the obligations imposed on courts through EU Regulation (2015) to cooperate in cross-border litigation in insolvency generally. Chapters also provide a critical analysis of legal texts and commentary, studying the development of the Preventive Restructuring Directive (PRD) and domestic preventive restructuring processes. Critically considering the legal initiatives affecting business rescue within a broader EU legal context, this book will be an insightful read for EU policy-makers and insolvency lawyers and practitioners. Academics and researchers with an interest in European law and EU integration will also benefit from this comprehensive book.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace. Key Features: Analysis of new efforts to regulate nuclear weapons Extended coverage of peacekeeping and analysis of war crimes Updated coverage of recent state practice and academic literature New analysis of recent and on-going conflicts, in particular Syria and Ukraine With updated analysis of peacekeeping, the law surrounding nuclear weapons, war crimes and extensive coverage of conflicts in Syria and Ukraine, this thoroughly revised second edition is an essential text for academics, researchers and students interested in international law and world peace.

Discussing the fundamental role played by the principles of equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. Providing an in-depth analysis of the three key dimensions of equality in the EU -- equality as a value, equality as a principle and equality as a right -- this incisive book investigates the place and scope of equality within the founding values of the EU. It does this by examining the use of the principle of equality in the case-law of the Court of Justice, as well as the rights conferred on individuals via equality in secondary legislation, and the interaction between equality in the Charter of Fundamental Rights and as a general principle of EU law. Presenting an up-to-date analysis of the role played by equality in blending the economic and social elements of EU legal integration, Equality and Non-Discrimination in the EU will be an important read for scholars and students of EU and constitutional law, as well as practitioners and EU officials.

Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has been long neglected in comparative constitutional studies. This timely and invigorating book showcases a novel comparative approach termed "slow comparison" counters the conceptual focus on nation-states in comparative studies and develops a broader understanding of democratic constitutionalism. In the context of the contemporary crisis of constitutional democracy, triggered by populism, majoritarianism and authoritarianism, chapters continue older ongoing debates about multiculturalism, identity politics and democratic equality that hold important insights for both India and the EU to deal with contemporary challenges. This book will be an important read for scholars of comparative constitutional law and theory. It will also benefit those studying EU law and Indian constitutional law.