How may an employer effect a dismissal that does not fall foul of the law? What is an unfair labour practice? How and when does an employer discipline an employee? How do you formulate charges? How do you prepare for an arbitration?

The answers to these and other questions can be found in this book, which aims to alert both employers and employees of their respective rights and how these rights can be enforced and protected.

This book is not an arid reflection on labour law. It is an attempt to initiate a sound understanding of the basic principles of labour law and to instil a practical approach to work-related issues. Any person, whether an employer or employee, who needs to understand labour issues without being burdened by esoteric legal principles will find this book helpful.

Property in Housing unpacks the right of access to adequate housing (section 26 of the Constitution of the Republic of South Africa, 1996) from a property perspective. The purpose of the volume is to reassess how and to what extent property plays a role in the protection, promotion and fulfilment of this right.

The characteristics of access to ‘adequate’ housing – as articulated by the United Nations Committee on Economic, Social and Cultural Rights in its General Comment 4 – serve as an organising framework for the volume. It is within this framework that we explore how property law can be used and aligned to implement the right of access to adequate housing as a vehicle for large-scale transformative aims.

Themes that are used to explore the vigorous relationship between property and housing include the centrality of the home in housing versus proprietary conflicts; the extent to which property narrates the conception of adequate housing, absent dedicated legislative reform; and the instrumentality of property as a vehicle for transforming the housing sphere.

The property paradox in the context of the housing clause is threefold: the property institution must be curtailed to make way for housing interests; it must be utilised (with legislative measures and sometimes without) to do some of the section 26(1) heavy lifting – for instance, to provide secure tenure or ensure access to services; and it must foster a culture of regulation by way of the constitutional property clause (section 25), to provide the required access to the spaces that we envision adequate, at the costs that we consider reasonable.

The monograph first introduces the authors’ approach, methodologically and theoretically, with reference to the history of property in housing in South Africa, the limited juridical development of our understanding of ‘adequate’ housing in the constitutional dispensation, the way in which housing relates to other constitutional rights, and the characteristics of having adequate housing. The remainder explores each of the internationally recognised characteristics by drawing on property law – security of tenure, services, accessibility, habitability, affordability, location and cultural adequacy – as components of the organising framework to interpret the progressive realisation of the South African housing mandate and respecting its anti-eviction measures. The development of the normative and substantive content of the right of access to adequate housing lies in the space left incomplete by property law. As such, this monograph is a call to action for this development to be achieved in order to foster a democratic South Africa for all who live in it.

Property in Housing will be a valuable resource for subject specialists, researchers, advanced students, practitioners and the judiciary alike.

Studente sal hierdie boek van groot waarde vind by hulle studie van die Strafprosesreg. Dit maak lesers vertroud met die fundamentele beginsels en waardes onderliggend aan hierdie gebied van die reg en lei hulle stelselmatig deur die proses wat op strafsake van toepassing is.

Professor J P Swanepoel (voormalige staatsadvokaat met beduidende praktiese ondervinding in die strafhowe) en Professor J J Joubert is beide afgetrede lede van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika. Professor S S Terblanche (voorheen ’n landdros) is ’n lid van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en het al ruim bygedra tot die literatuur met betrekking tot vonnisoplegging. Professor S E van der Merwe was professor in Publiekreg aan die Universiteit Stellenbosch en is steeds ’n produktiewe skrywer oor hierdie vakgebied. Professor G P Kemp is ’n lid van die Departement Publiekreg van die Universiteit Stellenbosch en sy publikasies oor die strafregspleging verwys gereeld na sy spesialiseringsgebied, die internasionale strafreg. Professor D Ally is Hoof van die Departement Regte van die Tshwane University of Technology en het ’n aantal artikels geskryf met die strafproses as onderwerp, en met besondere verwysing na die impak van die Grondwet op die strafproses. Dr M T Mokoena is Hoof van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en lewer publikasies oor die strafprosesreg, insonderheid borgtog.

In an increasingly globalised world, despite reductions in costs and time, transportation has become even more important as a facilitator of economic and human interaction; this is reflected in technical advances in transportation systems, increasing interest in how transportation interacts with society and the need to provide novel approaches to understanding its impacts. This has become particularly acute with the impact that Covid-19 has had on transportation across the world, at local, national and international levels. Encyclopedia of Transportation, Seven Volume Set - containing almost 600 articles - brings a cross-cutting and integrated approach to all aspects of transportation from a variety of interdisciplinary fields including engineering, operations research, economics, geography and sociology in order to understand the changes taking place. Emphasising the interaction between these different aspects of research, it offers new solutions to modern-day problems related to transportation. Each of its nine sections is based around familiar themes, but brings together the views of experts from different disciplinary perspectives. Each section is edited by a subject expert who has commissioned articles from a range of authors representing different disciplines, different parts of the world and different social perspectives. The nine sections are structured around the following themes: Transport Modes; Freight Transport and Logistics; Transport Safety and Security; Transport Economics; Traffic Management; Transport Modelling and Data Management; Transport Policy and Planning; Transport Psychology; Sustainability and Health Issues in Transportation. Some articles provide a technical introduction to a topic whilst others provide a bridge between topics or a more future-oriented view of new research areas or challenges. The end result is a reference work that offers researchers and practitioners new approaches, new ways of thinking and novel solutions to problems. All-encompassing and expertly authored, this outstanding reference work will be essential reading for all students and researchers interested in transportation and its global impact in what is a very uncertain world.

Collective Labour Law is the most thorough and comprehensive book available on the law governing the relationship between organised labour and employers in South Africa.

The book covers topics such as the recognition of trade unions as bargaining agents, how organisational rights are acquired and lost, the collective bargaining process, strikes and lock-outs.

Copious examples from case law give the reader insight not only into the law but also into the events that led to conflicts which ended up in the courts. The book is written in the clear and readable style for which the author has become acclaimed.

Collective Labour Law is part of a quartet of books by John Grogan that covers the entire field of labour law as it has developed in South Africa to date. The book is also available in digital format, which offers subscribers ongoing quarterly updates.

New Methods, Reflections and Application Domains in Transport Appraisal, Volume 7 in the Advances in Transport Policy and Planning series, assesses both successful and unsuccessful practices and policies from around the world. Chapters in this new release include Evaluating transport equity, Participatory Value Evaluation, Sustainability assessment of transport policies, plans and projects, Deliberative appraisal methods, Appraisal methods of public transport projects, Appraisal of cycling and pedestrian projects, Appraisal of Freight Project, Project appraisal methods: tools for optimizing or for informed political debate?, and Research agenda for appraisal methods.

Women and Cyber Rights in Africa explores the challenges faced by African women in cyberspace, highlighting the exacerbation of gender inequalities by emerging technologies.

Authored by African female researchers, it employs multidisciplinary approaches and Afro-feminist theories to discuss biases, stereotypes, and the impact of patriarchal structures.

The book addresses limited digital literacy, gendered cyber-criminality, and inadequate gender-sensitive policies. It aims to spur effective policy development and further research on African women's cyber rights.

In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.

The containment of pollution by physical defenses is the first step in restoring the ocean to its natural state. The first two chapters of Oil Spill Studies: Healing the Ocean, Biomarking and the Law describes the feedback on seven experiments made on the East Atlantic Ocean. The first chapter concerns semi-open sites while the second focuses on open environment directly linked to the ocean. The third chapter examines pollution from a French harbor marina and its effects on the local biodiversity. The book provides a methodology to quantify biological contamination coming from heavy metal releases into the environment. Chapter four provides the state-of-the-art in the science of a mid-depth-living fish species affected by the treatment of oil pollution by chemical dispersion. In a similar way, the fifth chapter addresses new explored and exploited ocean with extreme environments such as the Arctic and deep sea. The sixth and final chapter provides a lawyer's analysis on the subject.

The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.

It has been well-established that many of the injustices that people around the world experience every day, from food insecurity to unsafe labor conditions and natural disasters, are the result of wide-scale structural problems of politics and economics. These are not merely random personal problems or consequences of bad luck or bad planning. Confronted by this fact, it is natural to ask what should or can we do to mitigate everyday injustices? In one sense, we answer this question when we buy the local homeless street newspaper, decide where to buy our clothes, remember our reusable bags when we shop, donate to disaster relief, or send letters to corporations about labor rights. But given the global scale of injustices related to poverty, environmental change, gender, and labor, can these individual acts really impact the seemingly intractable global social, political, and economic structures that perpetuate and exacerbate them? Moreover, can we respond to injustices in the world in ways that do more than just address their consequences? In this book, Brooke A. Ackerly both answers the question of what should we do, and shows that it's the wrong question to ask. To ask the right question, we need to ground our normative theory of global justice in the lived experience of injustice. Using a feminist critical methodology, she argues that what to do about injustice is not just an ethical or moral question, but a political question about assuming responsibility for injustice, regardless of our causal responsibility and extent of our knowledge of the injustice. Furthermore, it is a matter that needs to be guided by principles of human rights. As she argues, while many understand human rights as political goals or entitlements, they can also guide political strategy. Her aims are twofold: to present a theory of what it means to take responsibility for injustice and for ensuring human rights, as well as to develop a guide for how to take responsibility in ways that support local and global movements for transformative politics. In order to illustrate her theory and guide for action, Ackerly draws on fieldwork on the Rana Plaza collapse in 2013, the food crisis of 2008, and strategies from 125 activist organizations working on women's and labor rights across 26 countries. Just Responsibility integrates these ways of taking political responsibility into a rich theory of political community, accountability, and leadership in which taking responsibility for injustice itself transforms the fabric of political life.

Contemporary scholarly and popular debate over the legacy of racial integration in the United States rests between two positions that are typically seen as irreconcilable. On one side are those who argue that we must pursue racial integration because it is an essential component of racial justice. On the other are those who question the ideal of integration and suggest that its pursuit may damage the very population it was originally intended to liberate. In An Impossible Dream? Sharon A. Stanley shows that much of this apparent disagreement stems from different understandings of the very meaning of integration. In response, she offers a new model of racial integration in the United States that takes seriously the concerns of longstanding skeptics, including black power activists and black nationalists. Stanley reformulates integration to de-emphasize spatial mixing for its own sake and calls instead for an internal, psychic transformation on the part of white Americans and a radical redistribution of power. The goal of her vision is not simply to mix black and white bodies in the same spaces and institutions, but to dismantle white supremacy and create a genuine multiracial democracy. At the same time, however, she argues that achieving this model of integration in the contemporary United States would be extraordinarily challenging, due to the poisonous legacy of Jim Crow and the hidden, self-reinforcing nature of white privilege today. Pursuing integration against a background of persistent racial injustice might well exacerbate black suffering without any guarantee of achieving racial justice or a worthwhile form of integration. Given this challenge, pessimism toward integration is a defensible position. But while the future of integration remains uncertain, its pursuit can neither be prescribed as a moral obligation nor rejected as intrinsically indefensible. In An Impossible Dream? Stanley dissects this vexing moral and political quandary.

This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook. Key Features: Examples of different solutions show how tort law is implemented in a variety of jurisdictions Direct comparison of legal systems helps readers to match different kinds of property or damage in civil and common law systems Translated provisions from codes and statutes facilitate access to the systems of French and German law in particular Clarification of corresponding concepts and terminology, as well as guidelines and examples to help readers find their way in a legal environment that is not restricted to a single jurisdiction Introductory guidance to tort law systems outside Europe Providing readers with a working knowledge of major tort law systems as well as a greater understanding of the main concepts in tort law, this textbook will be an important resource for both undergraduate and postgraduate students.

This book is the most comprehensive and up-to-date source of information about ways in which consumer activism has reshaped the economic and political well-being of citizens in the United States and around the world. This all-encompassing collection of information about consumer activism and the consumer movement will provide students, public officials, business groups, and other activists with a one-stop source of facts and insights. The contributors explore hundreds of major consumer protections that have significantly enhanced the quality of life and safety for all Americans, showing how these protections were won through the skillful and determined work of leading activists and activist organizations. Many of the stories told here are related by the activists themselves, often for the first time. More than 140 entries offer a comprehensive treatment of the consumer activism of specific organizations, their leaders, and strategies. The book also includes more than 40 entries about consumer movements in Europe, Asia, Africa, and Latin America. A timeline of key events and a listing of the most important books on the subject of consumer activism help provide context for the individual entries as do two introductory essays. Cross references in each entry establish linkages among topics. Provides the single most comprehensive source available of information about consumer activism and advocacy Shows how activism has influenced laws and regulations affecting more than 40 consumer issues Shares personal accounts from activists about their work on these issues Details information on U.S. national consumer organizations and many state and local consumer groups, including their goals, strategies, leaders, finances, and impact Offers insights into the ways consumer activist groups have interacted with other nonprofits, policymakers, regulators, and business groups

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more than twenty years since the publication of the first edition.

The principles of extinctive prescription have been scrutinised by the courts in numerous reported cases over this period, including prominent judgments of the Constitutional Court dealing with the justification for extinctive prescription, the concept of ‘debt’, and the knowledge requirement for prescription to begin to run. This edition also examines the principles governing the co-existence of the 1969 Prescription Act and prescription or time limitation provisions in other statutes, with reference to certain prominent examples. A new chapter 12 deals with procedure.

Reported cases continue to illustrate the practical importance of extinctive prescription and the thorough analysis of theory and policy required for its application.

International Economic Law (southern) African perspectives and priorities is the first book dedicated to examining international economic law from a (southern) African perspective. This field of law profoundly affects African countries’ (and, indeed, every individual country’s) sustainable development and aspirations for economic growth.

International Economic Law (southern) African perspectives and priorities examines the international legal framework and how it intersects with the domestic regulatory frame work of South Africa and other (southern) African countries and their economic policies. It offers fresh, diverse and balanced perspectives on international economic law by (primarily) African authors and addresses topics that are the most relevant on the continent for academics, practitioners and students in this field. The book aims to continue the conversation in the light of Africa’s increasing participation in all facets of global economic affairs by providing stake holders – both within and outside Africa – with another source for understanding the priorities for (southern) African countries in international economic law.

Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.

In 1998, the Rome Statute to the International Criminal Court (ICC) emerged as a groundbreaking treaty both due to its codification of international criminal law and its recognition of the crimes committed against women in times of war and conflict. The ICC criminalized acts of rape, sexual slavery, and enforced pregnancy, amongst others, to provide the most advanced articulation ever of gender based violence under international law. However, thus far no scholarly book has analyzed whether or not the implementation of the ICC has been successful. The Politics of Gender Justice at the International Criminal Court fills this intellectual gap, specifically examining the gender justice design features of the Rome Statute (the foundation of the ICC), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Louise Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges. Meticulous and comprehensive, this book refines the notion of gender justice principles and adds a valuable, but as yet unrecognized, gender dimension to the burgeoning historical institutionalist approach to international relations. Chappell links feminist international relations literature with feminist institutionalism literature for the first time, thereby strengthening and adding to both fields. Ultimately, Chappell's analysis is an essential step towards attaining a greater degree of gender equality in the context of international law. The definitive volume on gender and the ICC, The Politics of Gender Justice at the International Criminal Court is a valuable resource for students and scholars of international relations, international law, and human rights.

This book covers the different aspects, such as patents, trademarks and copyright of Intellectual Property (IP) from a more practical business perspective. Intellectual Property and Assessing its Financial Value describes the differences between regions, mainly the differences between the US and EU. In addition, several tools are presented for assessing the value of new IP, which is of importance before engaging on a new project that could result in new IP or for licensing purposes. The first chapter introduces the different types of IP and illustrating the business importance of capturing and safeguarding IP, the second chapter discusses patents and other forms of IP with subsequent chapters exploring copyright and trademarks in more detail, and a concluding chapter on the future of systems that can assess new IP value.
Introduces IP and various features from a business perspectiveIncludes tools to assess the value of new IP Provides a comprehensive and practical insight into IPExplores other forms of IP including designs, models, breeders rights, and domain namesOffers an applied approach to IP and systems to evaluate the value of new IP"