This collection aims not only at honouring Lourens du Plessis in the traditional Festschrift style, but also to engage with his thinking, critically or otherwise, and to reflect on how his thinking can be applied to different areas of the law.

A veteran environmentalist shares her roadmap to a healthier world—one that uses the law to empower activists and provide hope for communities everywhere. We have reached a critical tipping point in our fight for the environment: Corporations profit off climate change, natural disasters devastate homes, and the most vulnerable suffer the health effects of pollution. Yet our laws are designed to accommodate this destruction rather than prevent it. Without government support, it’s no wonder people feel powerless. But there is a solution. In The Green Amendment, veteran environmentalist Maya K. van Rossum presents her radically simple plan for a green future: bypass local laws and turn to the ultimate authority—our state and federal constitutions—to ensure we have the right to a healthy environment. Through compelling interviews with activists on the ground, clear evidence from experts, and heartbreaking stories from those hit hardest by environmental ruin, The Green Amendment lights the path forward. In this updated edition of her trailblazing 2017 book, van Rossum invites readers to join the movement by sharing: Why Green Amendments work where other movements have failed How to position Green Amendments and what specific language offers the strongest legal protections How to argue in favor of environmental rights, and the economic and health benefits that will help activists make the case How Green Amendments address the crucial intersection of environmentalism and anti-racism What everyone—from artists and students to scientists and lawyer—can do to further the cause With the power of The Green Amendment, we can claim our environmental rights, ensuring a clean, safe Earth for generations to come.

The Elgar Encyclopedia of Crime and Criminal Justice stands apart as the most comprehensive global reference title in its field. Featuring the work of over 250 scholars and practitioners from around the world, the Encyclopedia presents an accessible and uniquely far-reaching set of entries on topics associated with crime and criminal justice. Within this flagship work, the incredible breadth and depth of the field is captured by a diverse and international range of contributors. The Encyclopedia is curated by a team of globally renowned scholars and is ambitious in its scope – comprising thematic, regional and comparative coverage. Entries give a concise summary of the accumulated knowledge on their topic, followed by a list of references to facilitate further study. Over 300 entries Entries organised alphabetically for ease of navigation Fully cross-referenced Entries written by scholars and practitioners from around the world World class editorial team The Encyclopedia will be available online ahead of print, followed by a multi-volume print edition.

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 insightful Advanced Introduction provides a kaleidoscopic overview of key US civil liberties, including freedom of speech, press, assembly, and religion, limitations on search and seizure, due process in criminal proceedings, autonomy rights, rights of equality, and democratic participation. Key Features: Discusses the historical development and current status of core civil liberties Examines the tension between libertarian and egalitarian views of civil liberties Promotes further understanding of the role of the US Supreme Court and other actors in setting levels of protection for civil liberties Provides an overview of common themes in development and interpretation of constitutionally protected civil liberties in multiple areas, including abortion Featuring examples of how key civil liberties have been shaped by historical, legal, and philosophical forces, this Advanced Introduction will be essential reading for students and scholars in American studies, history, human rights, law and politics, and political science.

Denis Cowen (1917-2007) is renowned for his work on negotiable instruments. Selected Essays presents readers with other facets of his life's work. His seminal essays and articles helped define areas of law such as constitutional law, environmental law, law of property and statutory interpretation. As a public intellectual in the liberal tradition, he spoke with great timeliness, insight and insistence, during apartheid, about the need for a court-enforceable bill of rights, academic freedom and pre-publication censorship.

Cowen on Law: Selected Essays spans more than 50 years of his lively, contentious and beautifully constructed texts. Leading legal thinkers introduce newly-accessible texts and provide us with a contemporary, evaluative lens. The book reveals to readers a fascinating mind. It also serves as an engrossing reflection on South Africa's legal past as well as the intersection of law and society.

Gerrie Radlof se gewilde Oloff die Seerowerreeks is oorspronklik tussen 1957 en 1961 uitgegee en het daarna reeds vier uitgawes beleef. Die verhale, wat in die 1740's afspeel aan die Kaap de Goede Hoop en die seewee daarom heen, is verwerk om aan te pas by die moderne taalgebruik en aan te sluit by die hedendaagse tiener, maar niks van die oorspronklike sjarme en spanning het in die verwerking verlore gegaan nie. Ook geskik as leesstof vir Afrikaans tweede taal vir ouer leerlinge.

Volume 106 of Terrorism: Commentary on Security Documents ("Terrorist Financing and Money Laundering") guides readers through the complex legal terrain of terrorist financing and money-laundering. Researchers will benefit from the diversity of this volume's selection: from U.S. agency reports on how to implement the recommendations of the 9/11 Commission to the efforts of the European Parliament in seizing assets to two perspectives on how well Saudi Arabia is combating terrorist financing within its borders: the U.S. perspective and the perspective of Saudi Arabia itself. Equally important for researchers is this volume's extensive treatment of U.N. measures on terrorist financing and money laundering. The volume concludes with the full text of the model rules for regulating terrorism-related financial transactions, as promulgated by a joint body of the U.N. and the International Monetary Fund.

This book provides a comprehensive analysis of the primary challenges, opportunities and regulatory developments associated with the use of artificial intelligence (AI) in the financial sector. It will show that, while AI has the potential to promote a more inclusive and competitive financial system, the increasing use of AI may bring certain risks and regulatory challenges that need to be addressed by regulators and policymakers. After analysing the technological foundations of AI, the book focuses on the use and regulatory challenges of AI in the banking, capital markets and insurance industries. It also analyses, compares and assesses the different strategies and international approaches that have been adopted to address the challenges raised by the use of AI. The book concludes by providing a holistic and cross-sectoral analysis of the use of AI in the financial sector. The comprehensive, interdisciplinary, and industry-relevant approach adopted in Artificial Intelligence in Finance will provide students, practitioners and academics interested in financial markets with a broad understanding of the challenges and opportunities of AI in the financial sector. Additionally, the comparative and policy-oriented approach also adopted in the book will provide regulators and policymakers with innovative ideas and regulatory solutions that will help them address some of the most critical challenges associated with a new data-driven financial system.

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. The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features: Uses numerous practical examples to illustrate key concepts Provides both in-depth information for advanced readers and accessible information for beginners in the field Succinctly evaluates case law and literature Follows a comparative law approach with a principle-based methodology in order to fully explore the most important issues This enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.

The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law. Key features include: an exploration of aspects of corporate insolvency law in need of reform an extensive examination of the rights and priorities of secured and unsecured creditors in English corporate insolvency law an analysis of the impacts of key legislative developments, such as the Insolvency (England and Wales) Rules 2016, and recent case law, such as the Supreme Court decision in the Lehman Waterfall case a unique consideration of bank insolvency regimes in the context of creditor treatment. Creditor Treatment in Corporate Insolvency Law is a specialist guide for legal practitioners and members of the judiciary looking for a clear account of current law and practice in this field. It is also a valuable doctrinal treatment of the law for scholars of corporate insolvency law, and will be of interest to policymakers involved in debates about reforms to creditor treatment and secured transactions law.

This innovative book explores the legal character of petroleum licences, a key vehicle governing the relationship between oil companies and their host states. Examining the issue through the lens of legal culture, it illustrates why some jurisdictions exert strong state control and others only minimal.Critically investigating the nature of a petroleum licence, the book analyses whether it is a mere administrative right, a contract or something more akin to property rights. Chapters examine recent developments, such as the UK's strategy of maximizing economic recovery and the opposition to drilling for oil in Norway and Australia. Outside of Western petroleum jurisdictions, the book also explores several long-established jurisdictions including Russia and Mexico, as well as emerging jurisdictions, such as China and Uganda. Taking a contextual and system-oriented approach, it reveals the preconditions of the petroleum licence regime and offers a critical insight into the reasons behind alterations to the terms of the licences. Encompassing a wide variety of legal cultures and experiences, this thought-provoking book will prove to be a valuable resource for academics and students of energy law, particularly those with an interest in state regulation. It will also provide useful insights for industry-based practitioners.

This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change. Contributions by leading scholars in the field explore the relationship between revolutions and constitutional order and disorder, considering in particular the impact of political transitions, situations of emergency, coup d´etat and the role of memory and oblivion during times of revolution. Through a series of case studies, the book identifies ways in which these phenomena have, and will, affect the formation and amendment of constitutions in both the short and long term. This includes, most notably, those changes which seem to go against the spirit of constitutionalism. In so doing, it provides important insight into how constitutions and constituent powers deal with the influences of the past. Students and scholars engaged in the study of constitutional law, legal theory, theories of the state, transitions of democracy and the philosophy of law will find this ground-breaking book to be a must read.

Pasture management in South Africa covers all major aspects of pasture production and management. Particular strengths are species selection, pasture establishment, fertilizer, grazing and forage management, and livestock related aspects of nutrient supplementation and feed budgeting. Pasture fertilizer practice is dealt with comprehensively. The range of regions and topics should make the title useful to students and practitioners beyond South Africa's borders.

This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, and on to the key areas of liability in practice. While including a timeless distillation of the guiding principles, each contribution explores the emerging boundaries of corporate liability issues so as to bring understanding to new levels. Cross-jurisdictional and interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on corporate vicarious liability, accountability for AI labour, and procedural law challenges. This Research Handbook examines not only the current state of play, but also predicts trends likely to feature in the development of corporate liability, including those in the areas of ESG and technology. Featuring contributions from leading scholars in their respective fields, this Research Handbook will be essential reading for scholars and students of commercial law, corporate law, and corporate governance. It will also be beneficial for judges, legal practitioners, and policymakers specialising in corporate liability.

This title is thus mainly written from a practical "how to" perspective. A wide range of topics related to education is dealt with - from the present legislative framework, through various aspects of teaching and learning to a consideration of assessment practices, curriculum design, web-based learning and the compilation of a teaching portfolio.

This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law. The book opens with an exploration of the meaning and scope of EU soft law’s legal effects from a theoretical and doctrinal perspective. Chapters analyse the role, contribution and broader legal effectiveness of the language employed by EU authorities when drafting soft law instruments. Finally, in a ground-up approach to the research topic, the book discusses soft law’s legal effects within three areas of EU legislation, namely financial supervision, technical standardisation and telecommunications law. Advancing a legal and argumentative toolkit to evaluate and improve EU soft law’s persuasiveness, this title will be advantageous to academics, practitioners and policy-makers with specialisations in European law, constitutional and administrative law and regulation and governance.

In this thought-provoking book, Günter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies. Frankenberg outlines the essential features of authoritarianism through a discussion of a variety of constitutional projects in authoritarian settings: the executive style of opportunist, informal governing, political power as private property, participation as complicity, and the cult of immediacy that is geared towards fantasies of a community of the followers and their leader. He also takes a comparative approach to authoritarian constitutions, drawing out the relationships between them, as well as providing a critique of the discourse around populism and authoritarianism. Authoritarianism will be critical reading for scholars of constitutional law, as well as political scientists, who will find its comparative analysis of political systems in this context invaluable. It will also be useful to students of comparative law and political science for its clear explanation of the characteristics of authoritarianism across regimes.

Based on years of experience teaching English to non-native speakers, this insightful How To guide describes not only the particular challenges that multilinguals face compared to native English speakers but also the unique benefits of working in multiple languages. Throughout this engaging and practical book, Shai Dothan explores the mastery of the English language, reflecting on the common problem of perfecting your English whilst also practicing and refining other languages. This book serves as a guide to improving writing styles and presentation skills, especially of non-native English speakers by providing techniques for improved public speaking, reading, and writing. With an accessible approach, chapters teach a wide range of useful skills including how to excel in exams, publish in multiple languages, and develop your 'inner ear'. Designed for multilinguals who wish to improve their English, this guide will be an invaluable and invigorating resource for students and researchers who are seeking to hone their English language skills. It can be used to accompany English language courses in an academic or professional setting and can also be read individually as a self-help book. Researchers, students, and professionals working in the field of law will find the book particularly relevant.

This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.   Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top-down and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight the need to fundamentally rethink the role of civil liability, and private law remedies more generally, as a regulatory and compensatory tool in European financial law.   Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.

Is competition law able to deal with algorithmic collusion? This evaluative book provides an insight into tackling this important question for competition law, with contrasting critical perspectives, including theoretical, empirical, and doctrinal – the latter frequently from a comparative perspective. Bringing together scholarly discussion on algorithmic collusion, the book questions whether competition law is adeptly equipped to deal with its various facets. With a comprehensive overview of the recent literature on algorithmic collusion, chapters offer a critical appraisal of the effectiveness of competition law to deal with algorithmic collusion. Covering a unique collection of legal, theoretical, and experimental case studies, it initiates debate among legal scholars for a better understanding of the data upon which algorithms decide prices. With a comparative identification of both the potentialities and limitations of competition law in relation to algorithmic collusion, this book will be of key value to students and scholars of competition law, economics and finance. It will also be an invaluable resource for legal practitioners and policy makers in the field.

Positioning industrial relations in a discussion that is sensitive to broader political, historical, and ideological tensions, this insightful book offers reflections on the politics of de-regulation that have developed in southern European work and employment relations over the past 20 years. Interwoven with case studies from Greece, Italy, Portugal, and Spain, the book reviews critical debates and issues related to de-regulation in employment relations and neoliberalism in southern Europe. Taking stock of major changes and crises affecting these national contexts over time, from austerity politics to the COVID-19 pandemic, chapters investigate how new voices, actors, and social movements are beginning to emerge and engage with the politics of work. The book ultimately posits that debates on production and work need to pay closer attention to changes in patterns of consumption and the changing nature of worker voice, and highlights how these changes are being used to undermine collective and social rights. Surveying political shifts in collective worker voice and representation over time, the book will benefit students and scholars of industrial relations, labour studies, the sociology of work, and employment politics. Its evaluation of the impact of de-regulation strategies imposed across southern Europe will prove invaluable to practitioners and policymakers involved in public employment and industrial relations.

Competition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law. This significantly expanded, restructured, and updated edition sets out the law in relation to actions for damages for loss caused by infringements of articles 101 and 102 of the TFEU, in both the EU and UK. The book now provides detailed guidance on the jurisprudence emanating from both jurisdictions, with careful reference, as in previous editions, to Directive 2014/104, and incorporating additional detail throughout on the variations in practice and interpretation in key member states. The book provides guidance on substantive issues, such as quantification of loss and pass-on, as well as evidentiary issues, such as access to documents, particularly in the context of leniency programmes, and the probative value of competition authority decisions. New to this edition is extensive treatment of collective redress in the EU and collective proceedings in the UK. In addition, the book has been restructured so that material on the parties to litigation and limitation, for example, are clearly presented in new chapters. Key features of the third edition include: The first major substantive volume to set out the law relating to actions for damages under EU competition law in both the EU and UK Comprehensive and clearly structured reference point for this complex field Updates on national developments from key jurisdictions Increased material on jurisdiction Extensive treatment of collective action The new edition of this comprehensive reference work remains a must-have resource for all competition practitioners in the EU and UK – from lawyers in private practice to in-house counsel, and from judges to officials at competition enforcement agencies.

This Research Handbook is a one-stop resource on global capital markets and the laws that regulate them. Focussing primarily on ‘mainstream’ capital markets, and framing them as an ecosystem in which the market players and regulators must co-exist, the Handbook paints a canvas on which key cross-cutting themes are depicted, dissected and discussed. Featuring contributions from leading global experts, the Research Handbook delves into a range of issues including investment products such as equity finance; sustainable finance; fintech; impact investing; private equity. It also provides analysis on institutional and procedural issues such as large and small companies' capital formation, the roles of institutional shareholders and information providers, and the practices and regulation of financial trading markets. International in scope, this Research Handbook will be of great value to scholars and practitioners in the field of financial law. It will also be a go-to source of information for policy makers in the financial markets sphere.