The book The Law of Securitisations: From Crises to Techno-sustainability provides a full and detailed account of the EU legislation in the area of structured finance with the new legal rules dissected and discussed in their full extent. Securitisation transactions have been identified in the literature among the main reasons for the 2007–2008 financial crisis, alongside derivative contracts. More than a decade later, the EU legislature passed in 2017 a legal framework comprehensively disciplining the area of securitisations in the EU. On such a background the main purpose of the book is to discuss and analyse, in a holistic way, both the rationale behind the securitisations as financial transactions and their main players (e.g. originators, SPVs and credit rating agencies) and their "ESG" (Environmental, Social and Governance) challenges, particularly the recent regulation passed in the EU during the 2020–2021 global pandemic. The goal of this legal analysis is to identify and clarify the entire legal process of securitisations, as a result of the new EU legislation, as well as duties, responsibilities and practices incumbent on the main players. Furthermore, the monograph is also concerned with the new challenges facing financial markets and their regulation: the new concept of sustainability and the development of technology. In this scenario, there is a blend of financial issues, new environmental challenges and, ultimately, the role human beings are expected to play, also from a social justice perspective. Adopting not just doctrinal methodology but also comparative (from a private law perspective) and interdisciplinary (regulatory and law and economics), the authors also include a discussion of the main literature which has blossomed over the last two decades on structured finance transactions, particularly the literature that unveiled, a decade ago, the concept of shadow banking. This book will be one of the first to focus on the new EU Securitisation Regulation and will be of interest to academics, students and practitioners of financial law.

This book analyses the contemporary effects of anti-trafficking policies on children trafficked for labour. It explores different dimensions of private and public apparatuses through which the governmentality of child trafficking manifests itself at a regional and interregional level. It investigates questions linked to the diffusion of the child trafficking norm between and within regions and stakeholders; to the criminalisation and vulnerabilisation of child traffickees; and to private governance of anti-trafficking initiatives, in particular concerning social sustainability of business supply chains. Drawing on extensive fieldwork with government, police, justice, civil society, multilateral organizations and businesses in the EU and in the ASEAN, the book argues that child traffickees are subjected not only to physical and psychological violence, but also to structural violence. The book concludes with suggestions to improve current anti-trafficking regimes. This book will be of key interest to scholars, students and practitioners in EU Studies, Southeast Asian Studies, Regionalism, Human Rights, Law, International Relations, and International Political Economy.

The book is written by an author with a lot of teaching experience, at a university which is proactively developing SQE focussed courses. He has already amassed a huge number of practice MCQs. Part of the SQE1 series, which offers problem questions, revision points, MCQs and also, for Business Law and Practice, commercial awareness talking points. The series is designed around the needs of students preparing for SQE1, and each book follows a similar format. There is an online hub of support material for each book. Offers a combination of print and online material that differs from the few other offerings currently on the market.

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, that can also help create a fair equilibrium between protection and borrowing in fashion design.

This book critically confronts perceptions that social media has become a 'wasteland' for young people. Law has become preoccupied with privacy, intellectual property, defamation and criminal behaviour in and through social media. In the case of children and youth, this book argues, these preoccupations - whilst important - have disguised and distracted public debate away from a much broader, and more positive, consideration of the nature of social media. In particular, the legal tendency to consider social media as 'dangerous' for young people - to focus exclusively on the need to protect and control their online presence and privacy, whilst tending to suspect, or to criminalise, their use of it - has obscured the potential of social media to help young people to participate more fully as citizens in society. Drawing on sociological work on the construction of childhood, and engaging a wide range of national and international legal material, this book argues that social media may yet offer the possibility of an entirely different - and more progressive -conceptualisation of children and youth.

Resilience in Complex Socioecological Systems, Volume 60, the latest release in the Advances in Ecological Research series, includes specific chapters that cover Ecological Resilience, Socio-economic Resilience in Agriculture, Socio-ecological Resilience, Adaptive Capacity in Ecosystems, Tales of Resilience from iDIV and Resilience/ Robustness in Agro-ecology, and Resilience/Robustness in Agro-ecology, amongst other important topics in ecological research.

This ground-breaking textbook engages readers in conversation about responding to the effects of diversity within formal criminal justice systems in Westernized nation-states. Moving past a binary concept of diversity that involves only race and gender, this book elaborates upon a wide variety of other forms of diversity, including sexuality, disability, mental health, gendered identity, refugees, the young and the ageing, and culturally and linguistically diverse (CALD) peoples, with an awareness of how intersecting identities make some people more vulnerable than others. With reported statistics providing only a snapshot of the incongruent experiences of diverse minorities in contact with criminal justice systems, there is a clear need for nuanced training and accessible information regarding diversity in criminal justice. The book examines diversity in terms of both criminal justice agents and justice-involved individuals such as people in prison, those convicted of crimes, the victimized, and the community. This volume brings together a group of international scholars to articulate on each of the identified populations, examining the effect of culture and diversity on criminal justice outcomes and outlining how those diverse perspectives can improve criminal justice service delivery overall. Incorporating case studies, reflections, and activity questions, this book is a valuable resource for courses in criminology, criminal justice, corrections, and law enforcement, and is ideal for any program focusing on multiculturalism and diversity in criminal justice. Scholars, researchers, and professionals will also benefit from the analysis.

Singing the Law is about the legal lives and afterlives of oral cultures in East Africa, particularly as they appear within the pages of written literatures during the colonial and postcolonial periods. In examining these cultures, this book begins with an analysis of the cultural narratives of time and modernity that formed the foundations of British colonial law. Recognizing the contradictory nature of these narratives (i.e., both promoting and retreating from the Euro-centric ideal of temporal progress) enables us to make sense of the many representations of and experiments with non-linear, open-ended, and otherwise experimental temporalities that we find in works of East African literature that take colonial law as a subject or point of critique. Many of these works, furthermore, consciously appropriate orature as an expressive form with legal authority. This affords them the capacity to challenge the narrative foundations of colonial law and its postcolonial residues and offer alternative models of temporality and modernity that give rise, in turn, to alternative forms of legality. East Africa's "oral jurisprudence" ultimately has implications not only for our understanding of law and literature in colonial and postcolonial contexts, but more broadly for our understanding of how the global south has shaped modern law as we know and experience it today.

This book analyzes the role of laws and the judiciary in the process of censorship in India. It examines the rationales and observations produced by the judiciary when demands for censorship are directed against publications that allegedly offend religious sentiments. Focusing on a micro-level analysis of censorship of publications, it presents a hard case to understand the limitations of freedom of expression and the role played by the judiciary in defining its boundaries. The volume traces the evolution of laws governing freedom of expression since the colonial period and the context in which these laws were amended after Independence. It also explicates how the legal process - the structural and functional aspects of working of judiciary - affects the fate of freedom of expression in India. Employing comparative legal analysis, it tries to understand and situate the Indian case within the larger discourse of censorship and freedom of expression around the world, thereby marking its similarities and differences. In unravelling the politics of censorship, the author also examines the interaction among different stakeholders like government, non-state actors and the judiciary. A tract for our times, this book will be of great interest to scholars and researchers of law, especially constitutional law and fundamental rights, politics, especially political theory and Indian politics, modern India and South Asian studies.

Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and Nepal. The book argues that grandparents' rights have so far received insufficient acknowledgement and, consequently, that relationships between grandparents and grandchildren have received insufficient protection. However, it is crucial that the protection of grandparents' rights is balanced with the rights of parents and the rights and welfare of children; the book considers how best to achieve this, for example in disputes on child arrangements (i.e. residence and contact), child protection matters and in adoption cases. The book is of particular interest to all academics seeking a clear framework for the protection of grandparents' rights in private and public law proceedings.

The rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753-54); the Somerset Case (1771-72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London - from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law. -- .

This book explores the challenges of globalisation and digitalisation to labour law and social security under three headings. The first, "The changing foundations of labour law" focuses on the law itself. Here the authors discuss how a changing political setting influences the very foundations of contemporary labour law. The contributions in the second section, "Precarious work - the new normative model?", deal with the challenges that various new business models put to regulating working life and social welfare. The contributions in the final section, "New forms of labour mobility", treat the difficulties related to the protection of workers who move over borders between countries and continents. The book is a contribution to the ongoing debate on the future of labour law.

Offers accessible, clear and easy-to-read explanations of the key issues and concepts within Constitutional and Administrative Law, presented in a student-friendly format Fills a gap in the market between revision guides and big overwhelming textbooks - ideal for the first-time student of law The innovative pedagogical approach in the Unlocking series builds and consolidates understanding of each topic incrementally, providing extracts from key cases and judgments and secondary sources to help students to contextualise their learning. The fifth edition has been extensively updated, including a new chapter covering the constitutional impact of the COVID pandemic.

The author discusses to what extent a generally binding norm of social justice can be established in a modern, plural society. The book presents the difficulty associated with the preservation of plurality of different life forms. It also considers the plurality of the principles of social justice so as not to fall back to prioritization and the absolutization of their claims. This book argues for a more constructive way to search for criteria for complementarity, referring methodologically to Rawls' and Honneth's theories of justice. The author contents that the principles of social justice and their sources of normativity are plural.

Organized crime in Mexico has been responsible for a worrying increase in violence in that country since Felipe Calderon assumed the presidency in 2006. The country's main criminal gangs are now a real challenge to the Mexican state. Government policies aimed at combating that threat have not been very successful to date. While it is certainly possible to exaggerate the threat posed by organized crime to the Mexican state, the real problems posed are serious enough. This book considers the issue from a variety of viewpoints. The essential argument is that the organized crime is best combated by institutional reforms directed at strengthening the rule of law and winning over public opinion rather than by a heavy reliance on armed force. Some such reforms have indeed taken place in Mexico, and are discussed in the book.

Changing Legal and Civic Culture in an Illiberal Democracy is a unique empirical study on recent developments in legal and civic consciousness in Hungary. Drawing its methodology from social psychology, this book illuminates a shift in legal consciousness during the time in which Orban's government has cemented Hungary's reputation as an illiberal democracy. The book foregrounds the voices of the Hungarian population in how they view the shift towards increasingly right-wing politics and an erosion of the rule of law. It opens with an extensive theoretical introduction of the historical development and psychological dimensions of legal consciousness in Hungary and relates the Hungarian research to international developments. It then presents its empirical results and offers a jargon-free account of ordinary people's changing perceptions of their relationship to Hungary's civic and legal cultures, before finally examining the correlations between surveys. Methodologically, the book establishes that theories of legal consciousness and social change are bolstered by empirical data. Offering a new way of approaching shifts in legal consciousness and the rule of law in Balkan and Eastern European countries, this text will be of great interest to researchers and students of social psychology, law, international relations and Central European studies.

This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU's approach to occupied territories and the extent to which this approach comports with the EU's obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.

Exploring potential scenarios of artificial intelligence regulation which prevent automated reality harming individual human rights or social values, this book reviews current debates surrounding AI regulation in the context of the emerging risks and accountabilities. Considering varying regulatory methodologies, it focuses mostly on EU's regulation in light of the comprehensive policy making process taking place at the supranational level. Taking an ethics and humancentric approach towards artificial intelligence as the bedrock of future laws in this field, it analyses the relations between fundamental rights impacted by the development of artificial intelligence and ethical standards governing it. It contains a detailed and critical analysis of the EU's Ethic Guidelines for Trustworthy AI, pointing at its practical applicability by the interested parties. Attempting to identify the most transparent and efficient regulatory tools that can assure social trust towards AI technologies, the book provides an overview of horizontal and sectoral regulatory approaches, as well as legally binding measures stemming from industries' self-regulations and internal policies.

The steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This has resulted in the EU's assertion of control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and by opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, the book offers an in-depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, i.e. investments undertaken by an investor from one EU Member State within the territory of another EU Member State. It specifically analyses the conflict between the two investment protection regimes applicable within the EU with a particular emphasis on the compatibility of the international legal instruments with the law of the European Union. The book thereby addresses the more general question of the relationship between EU law and international law and offers a conceptual framework of intra-European investment protection based on the analysis of all intra-EU BITs, the Energy Charter Treaty and EU law, as well as the arbitral practice in over 180 intra-EU investor-State arbitration proceedings. Finally, the book develops possible solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union.

Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.

This book uses previously unknown archive materials to explore the meaning of the term 'incapable of work' over a hundred years (1911-present). Nowadays, people claiming disability benefits must undergo medical tests to assess whether or not they are capable of work. Media reports and high profile campaigns highlight the problems with this system and question whether the process is fair. These debates are not new and, in this book, Jackie Gulland looks at similar questions about how to assess people's capacity for work from the beginning of the welfare state in the early 20th century. Amongst many subject areas, she explores women's roles in the domestic sphere and how these were used to consider their capacity for work in the labour market. The book concludes that incapacity benefit decision making is really about work: what work is, what it is not, who should do it, who should be compensated when work does not provide a sufficient income and who should be exempted from any requirement to look for it.

Providing short, clear and accessible explanations of the main areas of EU law, Understanding European Union Law is both an ideal introduction for students new to EU law and an essential addition to revision for the more accomplished. This eighth edition has been fully revised and updated with the latest legislative changes and includes an in-depth discussion of 'Brexit' and its implications for EU-UK relations. The book provides readers with a clear understanding of the structures and rationale behind EU law, explaining how and why the law has developed as it has. In addition to discussing the core areas of EU law such as its sources, the role and powers of the EU's Institutions, the enforcement of EU law and the law of the internal market, this edition also includes a new chapter on three 'non-economic' areas of EU law: fundamental human rights, equality (non-discrimination) and the environment. This student-friendly text is both broad in scope and highly accessible. It will inspire students towards further study and show that understanding EU law can be an enjoyable and rewarding experience. As well as being essential reading for Law students, Understanding European Union Law is also suitable for students on other courses where basic knowledge of EU law is required or useful, such as business studies, political science, international relations or European studies programmes.

Originally published in 1955, this book describes in a clear and concise way the nature of a Trade Union in England from the legal point of view, the particular aspects of the Law which make it possible for Trade Unions to carry on their activities and the restraints which the Law place on them for the protection of their members and the community. It briefly reviews the history of Trade Union Law, describes the Acts of Parliament which made the modern Trade Union possible and deals with those aspects of the Law which are important for those who have industrial relations with Trade Unions.

Crime scene investigation-or CSI-has captured the modern imagination. On television screens and in newspapers, we follow the exploits of forensic officers wearing protective suits and working behind police tape to identify and secure physical evidence for laboratory analysis. But where did this ensemble of investigative specialists and scientific techniques come from? In Murder and the Making of English CSI, Ian Burney and Neil Pemberton tell the engrossing history of how, in the first half of the twentieth century, novel routines, regulations, and techniques-from chain-of-custody procedures to the analysis of hair, blood, and fiber-fundamentally transformed the processing of murder scenes. Focusing on two iconic English investigations-the 1924 case of Emily Kaye, who was beaten and dismembered by her lover at a lonely beachfront holiday cottage, and the 1953 investigation into John Christie's serial murders in his dingy terraced home in London's West End-Burney and Pemberton chart the emergence of the crime scene as a new space of forensic activity. Drawing on fascinating source material ranging from how-to investigator handbooks and detective novels to crime journalism, police case reports, and courtroom transcripts, the book shows readers how, over time, the focus of murder inquiries shifted from a primarily medical and autopsy-based interest in the victim's body to one dominated by laboratory technicians laboring over minute trace evidence. Murder and the Making of English CSI reveals the compelling and untold story of how one of the most iconic features of our present-day forensic landscape came into being. It is a must-read for forensic scientists, historians, and true crime devotees alike.