This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China's IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China's global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker. This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China's deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.

While vulnerability is a concept often mentioned in labour law and employment policy discourse, its precise meaning can remain elusive. This book provides rigorous theoretical analysis and contains fresh insights to aid our understanding of vulnerability. It is a stimulating contribution to the debate on how legal regulation responds to the changing characteristics of today's labour market.' - Mark Bell, The University of Dublin, Ireland The shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships. Arguing that the idea of vulnerability has been under-theorised in the labour law literature, Lisa Rodgers illustrates how this extends to the design of regulation for precarious work. The book's logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work. These threads are astutely drawn together to show the need for a shift in focus towards workers as 'vulnerable subjects' in all their complexity in order to better inform labour law policy and practice more generally. Constructively critical, Labour Law, Vulnerability and the Regulation of Precarious Work will prove invaluable to students and scholars of labour and employment law at local, EU and international levels. With its challenge to orthodox thinking and proposals for the improvement of the regulation of labour law, labour law institutions will also find this book of great interest and value.

This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialized ones, therefore making it a significant contribution to the field. In large part, the authors conclude that regulation of labour can play a positive role in promoting social and economic development, especially over time. Effective regulation has the potential to promote democratic engagement at work and beyond. However its impact is dependent on how much its design grapples with the particular arrangements of work occurring within different industries, reflecting the nature of development and social relations within that country. Contributors emphasize that regulation needs to be adapted to the challenges presented by non-standard employment relations, changes in the structure of work and the rise of global value chains. This collection's exploration of labour regulation in developing countries will be of interest to labour law scholars and teachers, to policy-makers in the field of labour regulation - especially in the global South - as well as to technical advisers and those engaged in the practice of industrial relations. Contributors include: G. Bensusan, D. Cheong, S. Deakin, F. Ebert, C. Fenwick, S. Godfrey, K. Kolben, S. Marshall, K. Sankaran, M. von Broembsen In Association with the International Labour Organization

This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

All over the world, private and public institutions have been attracted to "nudges," understood as interventions that preserve freedom of choice, but that steer people in particular directions. The most effective nudges are often "defaults," which establish what happens if people do nothing. For example, automatic enrollment in savings plans is a default nudge, as is automatic enrollment in green energy. Default rules are in widespread use, but we have very little information about how people experience them, whether they see themselves as manipulated by them, and whether they approve of them in practice. In this book, Patrik Michaelsen and Cass R. Sunstein offer a wealth of new evidence about people's experiences and perceptions with respect to default rules. They argue that this evidence can help us to answer important questions about the effectiveness and ethics of nudging. The evidence offers a generally positive picture of how default nudges are perceived and experienced. The central conclusion is simple: empirical findings strongly support the conclusion that, taken as such, default nudges are both ethical and effective. These findings, and the accompanying discussion, have significant implications for policymakers in many nations, and also for the private sector.

This book provides an authoritative overview of the contemporary phenomenon widely labelled as 'acid attacks'. Although once thought of as a predominantly 'gendered crime', acid and other corrosive substances have been used in a range of violence crimes. This book explores the historical use of corrosives in crime, legal definitions of such attacks, the contexts in which corrosives are used, victim characteristics, offender motivations for carrying and decanting corrosives, and preventative strategies. Data is drawn from the international literature and the analysis of primary data collected in the UK (which is thought to have one of the highest rates of acid attacks in the world) from interviews with over 20 convicted offenders and from police case files relating to over 1,000 crimes involving corrosive substances. This book adds significantly to the international literature on weapons carrying and use, which to date has predominantly focused around the possession and use of guns and knives.

The Changing Concept of 'Family' and Challenges for Domestic Family Law explores the changing concept of 'family', with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for 'horizontal' (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), 'vertical' (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and individual (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards a European family law.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners. Contributors: G. Douglas, L. Francoz Terminal, T. Keller, O. Khazova, G. Kubi kova, A. Lamarca Marques, D. Martiny, K. McK Norrie, B. Novak, E. OErucu, J.M. Scherpe, I. Schwenzer, B. Sloan, T. Sverdrup, F. Swennen, O. Szeibert, M. Giovanna E. Zervogianni

This book explores how small businesses respond to the law. By detailing the intricate ways in which businesses come to comply with or violate legal regulations, it shows a very different picture of compliance that completely changes the way we think about how businesses respond to the law, how we can capture such responses, and what explains their behaviors. The book moves us beyond a static and single-perspective approach to compliance, where firms are seen as obeying or breaking a specific rule at a specific point in time. Instead, it offers a dynamic view of compliance as it manifests in daily business, where firms must comply with a host of legal rules and must do so over a long period of time. This timely book is especially valuable to three main groups: to compliance practitioners and regulatory enforcement agents, who are increasingly forced to consider how compliance management and enforcement practices actually affect compliance; to regulatory governance scholars (in public administration, law, sociology, and management science), for whom compliance is a central aspect; and to scholars of Chinese law, who realize that compliance is a central challenge that the Chinese legal system must overcome.

Following the 30th anniversary of the United Nations Convention on the Rights of the Child in 2020, and the creation of the UN Sustainable Development Goals, there is increased interest in and a need to develop national human rights' bodies for children's rights. This book provides an in-depth look at one domestic independent children's rights institution: the Irish Ombudsman for Children's Office, to highlight the learnings for an international audience and the methodologies that can be used to promote and protect children's rights at a national level. Co-authored by Ireland's first Ombudsman for Children and a children's rights professor, the book will present an original and informed analysis of how a national human rights institution can advocate, most effectively, for the rights of children. By using illustrative case studies, the book will highlight how the powers of a national human rights institution can be put to strategic use to address specific children's rights deficits in areas of child protection, youth detention and public awareness about children's rights. Each chapter focusses on a case study, identifies a problem, the approach or intervention by the Ombudsman for Children, the outcome and reflects on lessons learned. It ensures that the cases can be extracted, examined and replicated in other jurisdictions by an international community interested in the promotion, monitoring and protection of children's rights. It speaks to those interested in Human Rights; Children's Rights; Socio-legal studies, Social Work; Childhood Studies; Administrative Law, Constitutional Law and International Law, and to practitioners and policy-makers in this field.

This book is the first interdisciplinary study of the rule of law in an environment of complementary culture. It argues that the rule of law should not be defined solely through the development of institutions, but also through the mobilization of existing culture towards support for law and its enforcement. Recognizing that the rule of law is most often misunderstood by many, the book describes the benefits of the rule of law and exposes its weaknesses and limitations. It summarizes the history and practice through case studies where culture has played an essential role in achieving a sustainable rule of law in practice. It incorporates the unique challenges to rule of law in regions like the Middle East, and addresses the nexus of law culture and institutions in the context of policing in the United States. Appropriate for researchers, professionals, and practitioners of law, policing, cultural criminology, and sociology, this book identifies practical and actionable elements of culture that can be mobilized, even in states that are only in the initial stages of developing the rule of law.

The common law action for breach of promise of marriage originated in the mid-seventeenth century, but it was not until the nineteenth century that it rose to prominence and became a regular feature in law courts and gossip columns. By 1940 the action was defunct, it was inconceivable for a respectable woman to bring such a case before the courts. What accounts for this dramatic rise and fall? This book ties the story of the action's prominence and decline between 1800 and 1940 to changes in the prevalent conception of woman, her ideal role in society, sexual relations, and the family. It argues that the idiosyncratic breach-of-promise suit and Victorian notions of ideal femininity were inextricably, and fatally, entwined. It presents the nineteenth-century breach-of-promise action as a codification of the Victorian ideal of true womanhood and explores the longer-term implications of this infusion of mythologized femininity for the law, in particular for the position of plaintiffs. Surveying three consecutive time periods - the early nineteenth century, the high Victorian and the post-Victorian periods - and adopting an interdisciplinary approach that combines the perspectives of legal history, social history, and literary analysis, it argues that the feminizing process, by shaping a cause of action in accordance with an ideal at odds with the very notion of women going to law, imported a fatal structural inconsistency that at first remained obscured, but ultimately vulgarized and undid the cause of action. Alongside more than two hundred and fifty real-life breach-of-promise cases, the book examines literary and cinematic renditions of the breach-of-promise theme, by artists ranging from Charles Dickens to P.G. Wodehouse, to expose the subtle yet unmistakable ways in which what happened (and what changed) in the breach-of-promise courtroom influenced the changing representation of the breach-of-promise plaintiff in nineteenth- and early twentieth-century literature and film.

Could the courts really order the death of your innocent baby? Was there an illegal immigrant who couldn't be deported because he had a pet cat? Are unelected judges truly enemies of the people?

Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society.

Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit.

Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.

There are multiple aspects of electronically-mediated communication that influence and have strong implications for legal practice. This volume focuses on three major aspects of mediated communication through social media. Part I examines social media and the legal community. It explores how this has influenced professional legal discourse and practice, contributing to the popularity of internet-based legal research, counselling and assistance through online services offering explanations of law, preparing documents, providing evidence, and even encouraging electronically mediated alternative dispute resolution. Part II looks at the use of social media for client empowerment. It examines how it has taken legal practice from a formal and distinct business to one that is publicly informative and accessible. Part III discusses the way forward, exploring the opportunities and challenges. Based on cases from legal practice in diverse jurisdictions, the book highlights key issues as well as implications for legal practitioners on the one hand, and clients on the other. The book will be a valuable reference for international scholars in law and other socio-legal studies, discourse analysis, and practitioners in legal and alternative dispute resolution contexts.

This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.

This fully revised third edition brings a fresh approach to the fundamentals of mass media and communication law in a presentation that undergraduate students find engaging and accessible. Designed for students of communication that are new to law, this volume presents key principles and emphasizes the impact of timely, landmark cases on today's media world, providing an applied learning experience. This new edition offers expanded coverage of digital media law and social media, a wealth of new case studies, expanded discussions of current political, social, and cultural issues, and new features focused on ethical considerations and on international comparative law. Communication Law serves as a core textbook for undergraduate courses in communication and mass media law. Online resources for instructors, including an Instructor's Manual, Test Bank, and PowerPoint slides, are available at: www.routledge.com/9780367546694

This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

This book explores the nature and impact of stalking and criminal justice system responses to this type of abuse based on the experiences and lived realities of victims. Drawing on in-depth interviews with 26 self-defined victims of stalking in England and Wales, it explores the psychological and social effects of this hidden and misunderstood form of interpersonal violence. Korkodeilou's work seeks to improve understanding regarding this type of abuse, contribute to feminist criminology and gender-based violence literature, and expand scholarly knowledge with her research's theoretical, methodological and practical implications. Victims of Stalking will appeal to academics in the fields of victimology, victimisation, gender-based and interpersonal violence, criminal justice system responses to victims and to criminal justice system professionals (e.g. police officers, probation officers, and lawyers).

At present, corporate social responsibility (CSR) for some may be not much more than an attitude. Can it be more? What degree of commitment can we reasonably expect of corporations in the struggle to eradicate poverty, promote human rights, halt climate change, and reverse ongoing environmental destruction? It is not a question of power; more than half of the world's top 100 economies are corporations, not nation-states. Whatever can be done to 'fix' the world's problems, corporations are in the best position to do. That they should act accordingly does not seem unwarranted, and for more and more corporations CSR is in fact a stated objective. In this impassioned work the well-known international lawyer Ramon Mullerat suggests that one of the root problems faced by CSR is one of definition. Various interested parties define the term differently, and their definitions clash. However, Dr Mullerat clearly shows in these pages that this very multiplicity of perspectives in fact enhances our ultimate comprehension of CSR. It is through an honest appreciation of the motivations and hopes behind each point of view - and of the nature of their conflict - that the way forward emerges. And as we examine these various perspectives, we inevitably come to a clear awareness of the role of corporations in the 21st century world order. Among the perspectives the author brilliantly elucidates are the following: - Ethics, philanthropy and CSR - sustainable livelihoods (provision of drinking water, health care, literacy); - opportunity (jobs, training, education); - legal and regulatory reform; - human rights; - the triple bottom line - the perception of CSR as 'virtue in the service of avarice'; - the efficacy of 'codes of conduct'; and - the problem of corruption and corporate criminal behaviour. Although this book will attract any general reader concerned with the state of today's world, it is sure to be taken up and pondered by lawyers, business executives, investors, and officials in positions to engage productively with its many powerful insights and ideas.

In recent decades, the issue of gender-based violence has become heavily politicized in India. Yet, Indian law enforcement personnel continue to be biased against women and overburdened. In Capable Women, Incapable States, Poulami Roychowdhury asks how women claim rights within these conditions. Through long term ethnography, she provides an in-depth lens on rights negotiations in the world's largest democracy, detailing their social and political effects. Roychowdhury finds that women interact with the law not by following legal procedure or abiding by the rules, but by deploying collective threats and doing the work of the state themselves. And they behave this way because law enforcement personnel do not protect women from harm but do allow women to take the law into their own hands.These negotiations do not enhance legal enforcement. Instead, they create a space where capable women can extract concessions outside the law, all while shouldering a new burden of labor and risk. A unique theory of gender inequality and governance, Capable Women, Incapable States forces us to rethink the effects of rights activism across large parts of the world where political mobilization confronts negligent criminal justice systems.

While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process.

This book explores victims' views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims' voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.

Conversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday discussion about law and the artificial, technical language developed by lawyers, judges and other legal specialists. In doing so, it explores the intriguing possibilities for future synthesis, a problem often neglected by legal theory. Analyzing the major components of law and legal procedure across both common and civil law, this book reveals how legal conversation on the `street' contributes to our understanding of law as well as our democratic citizenship. Jan M. Broekman and Frank Fleerackers consider the impact of multiculturalism and the threat of terror on our impressions of legal conversation and the importance we place upon it, arguing that anarchism and legalism are hostile neighbors sharing many themes and motives. Exploring the meaning and sense of the concept of `street' in ancient and modern times, the authors pose the question: is law just a discourse or should it be classified as one of the major narratives in human life? Unique and discerning, this book will appeal to anyone interested in the language of law. Legal educators will find their scope broadened whilst researchers, activists and politicians will find themselves captivated by the focus on social activism and citizen motivation.