This introductory-level textbook provides a clear and concise overview of commercial law for undergraduate law students. Covering all the key areas of law that may be included in a commercial law module, including agency, sale of goods, bailments, carriage of goods, commercial financing, and conflict of laws, it also introduces relevant elements of related fields such as banking and insolvency law and touches on emerging issues such as cryptocurrencies. Key Features: Accessible and conversational prose A tight focus on core knowledge with manageable levels of detail Important concepts, cases and legislation are highlighted for ease of reference Student-friendly layout with key lessons and learning objectives clearly identified Principles of Commercial Law is perfectly suited to law students studying undergraduate commercial law modules in their second or third years. It will also be beneficial as an accessible introductory text on higher level courses for students who are newer to the topic.

The National Health Insurance, commonly known as the NHI, aims to ensure that all South Africans have access to appropriate, efficient and quality health services. The right to health, as an economic, social and cultural right to a universal minimum standard of health to which all individuals are entitled, requires government action and that the state provides welfare to the individual. Section 27 of the Bill of Rights affirms the right of everyone to have access to health care services. An obligation is placed on the state to achieve the progressive realisation of this right. While some legislative measures have been instituted, the National Health Insurance (NHI), however, is the direct and most germane response to that directive and towards realising universal health coverage. The NHI underpins the establishment of a unified health system in the country based on the principles of social solidarity, progressive universalism, equity and health as a public good and a social investment, thereby underscoring the values of justice, fairness and equity. Based on its principle of equity, the NHI will need to ensure a fair and just health care system for all and access to health services within reasonable periods. This book is timely as it will serve to inform stakeholders and communities of the key elements of the NHI, its structure, processes and plans for implementation

The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject. It considers complex issues surrounding the powers of arbitrators to grant provisional relief, categories and examples of such measures, procedural and substantive requirements for ordering an interim measure, the burden and standard of proof as well as issues of enforceability. Each chapter offers a thorough analysis both in commercial and investment arbitration. This important new publication will be beneficial to legal practitioners, academics a as well as arbitrators who want to gain a deeper understanding of both the principles and specific rules on provisional and emergency remedies established under the major arbitral rules and tribunals.

Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book.

Why do we research unit management in correctional facilities? The research was necessitated by a fundamental need to change the way in which South Africa deals with sentenced inmates. The country boasts one of the highest international recidivism rates. Instead of being a revolving door where shorter-term offenders circulate through the correctional system, or a warehouse where serious offenders are subjected to monotonous empty hours for a lifetime, all correctional systems should actively and meaningfully address recidivism. This means that correctional interventions must contribute to inmate empowerment, resulting in a life without crime. Unit management proves to be a management tool that can facilitate such meaningful contribution. It has been implemented in some international correctional systems but limited international research, mainly from the USA, is available. With their research, the authors uniquely integrate correctional management fundamentals, law, organisational theory, and institutional administrative procedures into one research project. The research aims to lay a foundation for unit management implementation by addressing philosophy, international norms, processes, design, legal principles, risk management, human resources and correctional case studies. These contents deliver evidence of original research that stretches over more than a decade. Unit Management in Correctional Facilities: Law and Administration challenges executive management and the modern-day correctional practitioner on the professional front in terms of accountability, implementation of evidence based correctional best practices and transformation of the correctional system to the ultimate benefit of the offender and the broad society. It aims to equip correctional practitioners, students, lecturers and other academics.

This unique book presents an in-depth analysis of the provision of legal advice at international organizations. It elucidates the dual role of legal advisers as representatives of their organization and as international civil servants acting as protectors and promoters of international law. Analysing the effects of internal and external factors on the work of advisers, including organizational specificity, political influences, and institutional position, this book identifies and examines common legal practices across organizations. Chapters discuss case studies of legal advisers working at various global organizations, including the United Nations, the European Union, UNESCO, the World Health Organization and the World Bank Group, as well as regional and cross-regional organizations such as NATO and the European Space Agency. Contributors emphasise the importance of collegiality and networking between legal advisers and analyse the differences in the delivery of legal services within both governmental and private contexts. Presenting a broad perspective on the work of legal advisers at international organizations, this book will be vital reading for students, scholars, and practitioners of global governance, international law and political science. It will also be beneficial to legal advisers working for international organizations, lawyers, politicians and sociologists.

This timely book investigates emerging efforts to govern artificial intelligence (AI) at an international level. It emphasizes the complex interactions involved when creating international norms related to potential and current developments in AI regulation. Organized into four parts, The International Governance of Artificial Intelligence demonstrates how formal and informal standards for AI are emerging from stakeholder interactions. With the objective of describing a nascent transnational law on AI use, chapters survey the various global realities that affect AI governance, concluding that AI law should ultimately be evaluated against the measure of international human rights. Students of law and governance will benefit from this book, particularly when studying emerging technologies, international economic law and general international law. Those researching policy creation and regulation will additionally find it to be an enlightening read.

Over the past 30 years, merger control has become well-established around the world with broad consensus around its ambit and objectives. That consensus has fractured in recent years. Enforcement today is at a critical juncture, facing an array of challenges and calls for reform unprecedented in their scope and intensity. Authored by leading legal practitioners, economists, enforcers, and jurists, this timely Research Handbook on Global Merger Control discusses various critiques that have been made and considers an array of jurisdictional, procedural, substantive, and other issues that are generating intense debate across the antitrust community. These include the scope and objectives of merger control, whether merger control can be reconciled with industrial policy, whether the consumer welfare standard is an appropriate tool for substantive assessment, whether merger control should be used to meet broader policy objectives, and whether existing rules and presumptions are appropriate for the digital age. This Handbook will be of great value to anyone interested in global merger control, digital markets, industrial policy, and the role of public interest considerations. It provides an excellent tool for academics and practitioners looking to gain a rounded view of current issues in global merger control and an understanding of how enforcement is likely to evolve.

This wholly new edition of the Research Handbook on International Marine Environmental Law provides an authoritative examination of international law relating to the protection of the marine environment. Rather than merely revised and updated, this new edition provides completely new and original chapters that critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. Each chapter goes beyond a survey of existing law to identify shortcomings in the legal regime and details further work needed to ensure effective regulation and management of human activities that affect the marine environment. Written by eminent scholars and practitioners, the Research Handbook on International Marine Environmental Law is a vital resource for scholars and government and policy practitioners, as well as for lawyers, policy advisers and advocates who work at intergovernmental organisations and non-governmental organisations that address marine environmental issues.

Realising the Right to Basic Education examines the crucial roles of civil society and the courts in developing the right to education in South Africa amid substantial and persistent inequalities in education provisioning. Unlike other socio-economic rights in the Constitution, the right to basic education is framed as an unqualified right - it is not subject to qualifiers such as 'progressive realisation' and 'within the state's available resources'. Yet, two and a half decades into South Africa's constitutional democracy, the apartheid legacy of unequal education still lingers. Poor, predominantly black learners continue to attend historically disadvantaged schools that are often severely under-resourced, producing poor learner outcomes. This has given rise to a wave of civil society activism since around 2008 - and organisations have been utilising legal mobilisation as a key tool to effect change in historically disadvantaged schools. The litigation initiated by these organisations has contributed to a rich and evolving jurisprudence on the right to basic education as a substantive right. However, in a significant number of these cases, the relevant education departments have not complied with court orders, requiring litigants to seek increasingly innovative, experimentalist and even coercive remedies to ensure that judgments are implemented. Realising the Right to Basic Education presents an overview of these education-provisioning cases and the roles played by civil society and the courts. It analyses the contribution of these two role-players in the normative development of the right to basic education. The book also aims to identify a viable framework for interpreting the right to basic education - one that can guide South Africa towards adequate education provisioning and, ultimately, facilitate transformation of basic education in South Africa's historically disadvantaged schools.

Collective Labour Law is the most thorough and comprehensive single work available on the law governing the often-tempestuous 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. Examples drawn from the case law, with which the book is copiously illustrated, provide the reader with insight not only into the law but also into the events that led to the conflicts which ended up in the courts. The book is written in the clear and readable style for which the author has become acclaimed, and each topic is extensively illustrated with examples drawn from the case law. Collective Labour Law forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date. The book is also available in electronic form, which is updated quarterly.

E.T. Meyer matrikuleer in Windhoek, gaan studeer in Suid-Afrika en gee daarna by verskeie skole in die destydse Suidwes onderwys. In sy drie bundels kortverhale, Die vlieende Ovambo, Waar’s my Tande en Tussen krokodille en Kavangovroue herroep hy die ligte kant en verrassende situasies wat hy destyds in hierdie ruwe omstandighede teegekom het.

This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic. Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.

The Law of Landlord and Tenant revisits the law of landlord and tenant in light of the constitutional context to determine how this area of law has developed, especially since the pre-1994 era, to further constitutional goals.

The purpose of the volume is to place legislation, case law, academic analysis and policy considerations in the context of the constitutional framework within which private law rights are acquired, exercised and transferred or lost, but also add to existing academic commentary some sections of foreign law where the comparison might provide insight to the South African landlord-tenant context.

This set of 7 volumes, originally published between 1984 and 1998, provides illuminating and practical information on Domestic Abuse. Aimed at both students and practitioners across a range of disciplines, the volumes explore topics including, provision of services for domestic abuse victims, the law, homelessness, advice for those coming into contact with violence and victims of abuse, public policy and the experience of domestic abuse victims themselves.

With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues. Analysing the repercussions of abduction from the perspectives of both abducted children and the therapeutic professionals engaged in their cases, chapters assess the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal practice and various regional initiatives, it considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention’s strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing the need to tackle the challenges in its future operation. Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of use to legal practitioners working in family law alongside NGOs and central authorities working in the field.

This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.

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. Providing a comprehensive overview of the body of law that regulates the insurance business, this Advanced Introduction evaluates the governing principles, policies, values, and purposes of insurance legislation and related judicial doctrines. It examines the ways in which the industry's origins help us understand its present shape, and how insurance connects to major public policy issues that will shape the world for future generations. Key Features: Introduces the fundamental rules and principles of insurance law Explores how these rules and principles intersect with important issues of public policy Discusses how insurance law shapes public choices in the modern world Examines the interactions between insurers and the people who purchase their products Proposes avenues for further research relating to fortuity, indemnity, misrepresentation and breach of warranty, settlement obligations, and risk classification Providing an enlightening overview of insurance law in context, this Advanced Introduction will be crucial reading for students, scholars, and practitioners in business law, insurance law, and risk management.