The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.

This publication contains a survey of world conflicts that occurred between 1945 and 2008, the level of victimization they produced, and the subsequent post-conflict justice (PCJ) mechanisms which were applied. It shows the scope of the problem faced by international criminal justice (ICJ), and how the International Criminal Court (ICC) needs to shape its mission and approach to address ICJ needs and expectations. ICJ is no longer the utopian topic of only 40 years ago. After World War II, the Nuremberg and Tokyo trials were aimed at major offenders in leadership positions. Their prosecution and punishment, it was assumed, would have far reaching, deterring, and educational effects. Since 1948, however, some 310 conflicts have taken place resulting in an estimated 92 to 101 million people killed. In addition, an inestimable number of persons have been injured or have suffered psychological and material harm. Yet, for the most, perpetrators have benefited with impunity and escaped accountability. How can contemporary ICJ address such a volume of core international crimes which have generated so much victimization and material harm? Are the post-World War II assumptions still valid? Can national justice systems assume the primary task of prosecutions? What will the mission of the ICC become, and how will it acquit itself of it? These are issues which are identified within the International Guidelines on Post-Conflict Justice prepared during this project (herein referred to as the Chicago Principles). They are a set of comprehensive guidelines for how governments, international institutions, and others should respond to serious violations of human rights, as well as to promote peace and reconciliation in the aftermath of conflict. They are also an indispensable strategy within which the ICC can best function. Can it then be assumed that the ICC is likely to achieve its mission in the years to come? This two volume set - which contains the proceedings of five regional conferences in Asia, Africa, the Arab World, Europe, and Central and South America, as well as a number of thematic studies dealing with post-conflict justice - should be most instructive to the ICC. These studies also assess various PCJ experiences as a means of determining the most appropriate policy responses in the context of a comprehensive strategy. M. Cherif Bassiouni, in April 2012, received the Wolfgang Friedmann Memorial Award which is given by the Columbia Journal of Transnational Law to a distinguished scholar or practitioner who has made outstanding contributions to the field of international law.

This practical and explanatory guide for library and cultural heritage professionals introduces and explains the use of open licences for content, data and metadata in libraries and other cultural heritage organisations. Using rich background information, international case studies and examples of best practice, this book outlines how and why open licences should and can be used with the sector’s content, data and metadata. Open Licensing for Cultural Heritage digs into the concept of ‘open’ in relation to intellectual property, providing context through the development of different fields, including open education, open source, open data, and open government. It explores the organisational benefits of open licensing and the open movement, including the importance of content discoverability, arguments for wider collections impact and access, the practical benefits of simplicity and scalability, and more ethical and principled arguments related to protection of public content and the public domain. Content covered includes: an accessible introduction to relevant concepts, themes, and names, including ‘Creative Commons’, ‘attribution’, model licences, and licence versions distinctions between content that has been openly licensed and content that is in the public domain and why professionals in the sector should be aware of these differences an exploration of the organisational benefits of open licensing and the open movement the benefits and risks associated with open licensing a range of practical case studies from organisations including Newcastle Libraries, the University of Edinburgh, Statens Museum for Kunst (the National Gallery of Denmark), and the British Library. This book will be useful reading for staff and policy makers across the gallery, library, archive and museum (GLAM) sector, who need a clear understanding of the open licensing environment, opportunities, risks and approaches to implementation. This includes library and information professionals, library and information services (LIS) professionals working specifically in the digital field (including digital curation, digitisation, digital production, resource discovery developers). It will also be of use to students of LIS Science, digital curation, digital humanities, archives and records management and museum studies.

Friston on Costs is the acclaimed and often-cited authority on the law of costs. Separated into sixteen well-defined and easily navigable parts, this substantial and encyclopaedic text covers all aspects of the law of civil costs from funding and contracts of retainers, all the way through to the assessment of costs (both between opposing parties and between solicitor and client). The fourth edition has been updated to take into account the considerable number of authorities on this difficult and technical topic. Areas of interest to specialists have also been expanded upon, such as the recoverability of the costs of inquests, the costs of solicitors who act in their own cause, and disclosure of litigation funding. Friston features thorough cross-referencing throughout, enabling the user to easily locate answers to even the most complex of costs issues. It is an invaluable resource for costs judges, academics, and practitioners alike.

Edward Snowden, Julian Assange, and Chelsea Manning are key figures in the struggles playing out in our democracies over internet use, state secrets, and mass surveillance in the age of terror. When not decried as traitors, they are seen as whistle-blowers whose crucial revelations are meant to denounce a problem or correct an injustice. Yet, for Geoffroy de Lagasnerie, they are much more than that. Snowden, Assange, and Manning are exemplars who have reinvented an art of revolt. Consciously or not, they have inaugurated a new form of political action and a new identity for the political subject. Anonymity as practiced by WikiLeaks and the flight and requests for asylum of Snowden and Assange break with traditional forms of democratic protest. Yet we can hardly dismiss them as acts of cowardice. Rather, as Lagasnerie suggests, such solitary choices challenge us to question classic modes of collective action, calling old conceptions of the state and citizenship into question and inviting us to reformulate the language of critical philosophy. In the process, he pays homage to the actions and lives of these three figures.

This book forms part of a German language course for adult beginners, both independent learners and those following adult education courses. It has been updated to reflect developments in the language and culture of German-speaking nations, and also the political changes in Germany.

Byron Winterleaf, a 23-year old white guy, is on the verge of losing his job as a translator at a Xhosa-themed restaurant. And during heavy rains his back garden in Observatory, Cape Town, is flooded, killing the marijuana plants that he'd been hoping to harvest for profit. But the flood also brings something else to the surface – it’s a bone, that much is clear, but whose? Susan Ridge, head of Restoring Dignity to Forgotten Minorities (RDFM) is adamant that it is the bone of a Khoi victim of the 1713 smallpox epidemic. She convinces Byron that his house should be converted into a museum, to honour these forgotten people. But it soon becomes apparent that Ridge’s intentions are anything but honourable – she is simply playing on a collective sense of guilt, in order to make a personal profit. Byron finds himself caught up in the middle of a cultural scam. However, this time it’s not only his job at a restaurant that he stands to lose – his house, the only sure thing in his life, becomes a battleground, and if he’s unable to take control of the situation he stands to lose everything ...

This study of the political and legal thought of the American Revolution and founding period explores the differences in the perceptions of judicial and jural power that characterized the conditions of law in late 18th century America, as compared to her British counterparts.

In the last decade of the 20th century, South Africa underwent a remarkable transformation that culminated in the country's first democratic elections in 1994, and the adoption of a Constitution that is among the most progressive in the world. The Bill of Rights is arguably the part of the Constitution that has had the greatest impact on life in this country.

This book includes the full text of the South African Bill of Rights, in all 11 South African official languages, and incorporates an introduction - which places it in context - as well as the text of the National Anthem.

Contents:

• An overview of the Bill of Rights in English
• The National Anthem of South Africa
• The Bill of Rights in the eleven South African official languages

A study of the impact of business on legal practice exploring the attitudes and aspirations of lawyers and linking the findings to questions of the effective management of legal services. Included is a comparative analysis of trends in the UK and Australia.

The COVID-19 pandemic and the global response to it has led to a major upheaval of the international banking sector. This book has an international reach and constitutes a blend between theory and international, EU, comparative and national law and practice, with the primary purpose to review the impact of the COVID-19 pandemic on the architecture and content of international monetary and banking law. Part I is focused on this aspect, considering the response of international financial fora and some major central banks all over the globe to the crisis. A secondary purpose is considered in Parts II and III, offering a thorough overview, analysis, and discussion of two main issues which currently are of a significant importance for, and have heavy impact on, the law governing monetary policy and relations, banking regulation and payment systems law: (i) digitalisation of money and finance and (ii) sustainable finance. Other selected legal aspects relating to central banking, as well as to banking regulation and supervision are finally discussed in Part IV, and in particular central banks' independence and accountability, unconventional monetary policies, comparative aspects of central banking and banking failures, legal aspects of monetary integration, and the legal nature of financial standards. The individual Chapters are written, exclusively, by members of the Committee on International Monetary Law of the International Law Association (MOCOMILA) and reflect the global composition of this Committee of leading experts in international monetary and banking law from international financial institutions, central banks, the academia, the judiciary, and legal practice.

Numbering an estimated 164 million globally, migrant workers are an essential component of contemporary businesses. Despite their number and indispensability in the global economy, migrant workers frequently lack the legal protections enjoyed by other workers. They work in sectors where jobs are isolated, and they lack advocates and trade union representation. They may also be undocumented, further eroding their capacity to advance their rights. Migrant workers suffer workplace violations that range from underpayment of wages and unsafe work conditions to sexual assault and industrial manslaughter. How much does this exploitation vary across different countries? What explains differences and similarities among migrant worker destinations? In Patterns of Exploitation, Anna K. Boucher answers these questions by looking at workplace violations across four major immigration countries: the United States, Australia, Canada, and the United Kingdom. Incorporating interviews, the Migrant Worker Rights Database, and in-depth analysis of court cases, Boucher uses legal storytelling to document individual migrant experiences and assess the patterns of exploitation that emerge in case narratives. Migrant experiences vary across ethnicity, gender, occupational sector, visa status, trade union membership, and enforcement policy, as well as the industrial relations systems within a destination country. Boucher lays out the kinds of exploitation to which migrants are subjected, the patterns discernible within migrant workers' experiences, and the solutions that can best protect migrants against workplace violations. This unique mixed-methods approach provides a novel understanding of migrant workplace violations across a variety of immigration contexts.

This engaging history overturns the conventional wisdom about the Second Amendment—showing that the right to bear arms was not about protecting liberty but about preserving slavery. In Madison's Militia, Carl Bogus illuminates why James Madison and the First Congress included the right to bear arms in the Bill of Rights. Linking together dramatic accounts of slave uprisings and electric debates over whether the Constitution should be ratified, Bogus shows that—contrary to conventional wisdom—the fitting symbol of the Second Amendment is not the musket in the hands of the minuteman on Lexington Green but the musket wielded by a slave patrol member in the South. Bogus begins with a dramatic rendering of the showdown in Virginia between James Madison and his federalist allies, who were arguing for ratification of the new Constitution, and Patrick Henry and the antifederalists, who were arguing against it. Henry accused Madison of supporting a constitution that empowered Congress to disarm the militia, on which the South relied for slave control. The narrative then proceeds to the First Congress, where Madison had to make good a congressional campaign promise to write a Bill of Rights—and seizing that opportunity to solve the problem Henry had raised. Three other collections of stories—on slave insurrections, Revolutionary War battles, and the English Declaration of Rights—are skillfully woven into the narrative and show how arming ragtag militias was never the primary goal of the amendment. And as the puzzle pieces come together, even initially skeptical readers will be surprised by the completed picture: one that forcefully demonstrates that the Second Amendment was intended in the first instance to protect slaveholders from the people they owned.

Vulnerability has traditionally been viewed through the lens of specific groups of people, such as ethnic minorities, children, the elderly, or people with disabilities. With the rise of digital media, our perceptions of vulnerable groups and individuals have been reshaped as new vulnerabilities and different vulnerable sub-groups of users, consumers, citizens, and data subjects emerge. Vulnerability and Data Protection Law not only depicts these problems but offers the reader a detailed investigation of the concept of data subjects and a reconceptualization of the notion of vulnerability within the General Data Protection Regulation. The regulation offers a forward-facing set of tools that-though largely underexplored-are essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence. Considering the new risks and potentialities of the digital market, the new awareness about cognitive weaknesses, and the new philosophical sensitivity about the condition of human vulnerability, the author looks for a more general and layered definition of the data subject's vulnerability that goes beyond traditional labels. In doing so, he seeks to promote a 'vulnerability-aware' interpretation of the GDPR. A heuristic analysis that re-interprets the whole GDPR, this work is essential for both scholars of data protection law and for policymakers looking to strengthen regulations and protect the data of vulnerable individuals.

Die verhaal van vier vroue wat almal met polisiemanne getroud is en wie se lewens almal drasties beinvloed word deur die gevaar en gepaardgaande stres wat eie geword het aan die taak van die polisie in die eietydse Suid-Afrika. Die verhaal begin met Joan wat die man met wie sy getroud is skaars kan herken in die afgetrokke, teneergedrukte eggenoot wat kwalik nog met sy twee jong dogters kommunikeer maar tog rasend van bekommernis oor hulle veiligheid, allerlei reels vir hulle opstel. Uit radeloosheid en in 'n poging om kontak te maak met ander vroue wat moontlik ook in stilte ly as gevolg van die huislike spanning wat hul mans se werk in die polisiemag teweeg bring, plaas Joan 'n klein kennisgewing in die koerant. So maak sy telefonies kontak met drie ander vroue, elkeen uit 'n ander geografiese en sosiale omgewing. Elkeen van hierdie vroue se verhaal word in die loop van die roman vertel. Hoewel die verhale heeltemal van mekaar verskil en die vroue mekaar nie van aangesig tot aangesig ontmoet nie, word die verskillende verhaalstringe deur telefoniese kontak tot een groter spannende verhaal gesnoer.

Child migration and child movement cases are now more frequent and increasingly complex. In these cases, international and national cross border rules and regulations, and family and immigration laws and proceedings often intersect. This book features and explains these and associated international family treaties, regulations, rules, cases, guidance and policies. It is a practice guide highlighting the circumstances and experiences of children subject to these laws and litigation. Whether you are an experienced practitioner or at entry level, this is an essential guide and reference to a complex area of law and practice. This title is included in Bloomsbury Professional's Family Law and Immigration and Nationality Law online services.

Publisher's Note: Products purchased from Third Party sellers are not guaranteed by the publisher for quality, authenticity, or access to any online entitlements included with the product. A cell phone's roaming feature allows the user to get service when traveling beyond the boundaries of his/her service provider. Wireless service providers make approximately 30% of their operating profit from roaming. But despite being a major source of income, roaming suffers from a number of technological problems in the handoff between networks. Signal strength is wildly variable, calls are frequently dropped, and quality of service is poor. Based upon training courses the author teaches at Agilent and Hewlett-Packard, this is the first book to give communications engineers the know-how to faultlessly design and manage roaming services.

Konstant Wasserman se pad loop dood. Sy mense met hul verstarde lewens en hul aansprake dryf hom tot raserny, dryf hom die land uit: Australie toe. In Sydney leer hy kook in 'n restaurant en vind hy vrye geeste wat hom verstaan. Die liefde, in 'n smeulende gedaante, terg sy sinne. Hy is vry. Tot die vreemde blou merke op sy bene begin uitslaan en hy begin siek word. Die toetse is positief, en hy moet klaarmaak, vrede maak. In 'n beheerste proses van heroise afmetings konfronteer Konstant, en le hy af - elke vriendskap en verwantskap, sy sinnelike liefde vir die lewe, en in 'n geinspireerde deurgang, uiteindelik die lewe self.

This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting, and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems, and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort, and the methods of resolving a battle of the forms. This latest edition has been updated to reflect significant court decisions such as Devani v Wells [2019], which ruled on the extent to which implied terms can be used to overcome issues of uncertainty and completeness, as well as Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] which considered the extent to which issues of contract formation involved issues of law or fact. Although this work is based on English law, the authors draw upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore, and New Zealand, where these inform the development of principles in English law.

Summer is always a special time for the four teenage best friends: Bee, Tibby, Carmen and Lena. They have the time to hang out, get jobs, share secrets, discuss boys - and wear the amazing jeans they call the travelling pants. This year there's an added poignancy as the girls know this is their last summer together before going off to different universities. With Lena defying her father, Carmen resenting her mother, Bee rediscovering her first love and Tibby trying to escape her family, the air is fraught with tension. Can the strength of their friendship overpower the feuds in their families and leave the girls with happy memories of the third summer of the sisterhood?

Grawemeyer Award winner Kathryn Sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. She shows how, in just three decades, state leaders in Latin America, Europe, and Africa have lost their immunity from any accountability for their human rights violations, becoming the subjects of highly publicized trials resulting in severe consequences. This shift is affecting the behavior of political leaders worldwide and may change the face of global politics as we know it. Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.

Veertig gedigte van 'n nuwe stem in die poesie. Die wye verskeidenheid onderwerpe dek sake waarin die gewone mens belangstel erotiek, dood, die natuur, religie - wat dit 'n besonder toeganklike bundel maak. Bekende figure, gebeure, instellings en plekke word op verrassend nuwe wyse beskou: Johannes Kerkorrel, Madiba, die Waarheidskommissie, die Wederkoms, Namakwaland en verengelste Afrikaans.

Danny Rothbart is good-looking, bright, popular teenager living in Yeoville , Johannesburg, in the seventies. It seems he has the world at his feet - except for one little problem. He's having trouble losing his virginity, and the shame of the situation threatens his world. Unable to talk to his old-fashioned parents, Danny seeks guidance from the one adult in his life he can trust: charismatic, politically liberal Uncle Harold. But the suave, worldly Uncle Harold has another agenda. He is a serial child molester, and soon he draws Danny into a sickeningly manipulative abusive relationship.