Violence against women and girls (VAWG) is a longstanding problem that has increasingly come to the forefront of international and national policy debates and news: from the US reauthorization of the Violence against Women Act and a United Nations declaration to end sexual violence in war, to coverage of gang rapes in India, cyberstalking and "revenge porn", honor killings, female genital mutilation, and international trafficking. Yet, while we frequently read or learn about particular experiences or incidents of VAWG, we are often unaware of the full picture. Jacqui True, an internationally renowned scholar of globalization and gender, provides an expansive frame for understanding VAWG in this book. Among the questions she addresses include: What are we talking about when we discuss VAWG? What kinds of violence does it encompass? Who does it affect most and why? What are the risk factors for victims and perpetrators? Does VAWG occur at the same level in all societies? Are there cultural explanations for it? What types of legal redress do victims have? How reliable are the statistics that we have? Are men and boys victims of gender-based violence? What is the role of the media in exacerbating VAWG? And, what sorts of policy and advocacy routes exist to end VAWG? This volume addresses the current state of knowledge and research on these questions. True surveys our best understanding of the causes and consequences of violence against women in the home, local community, workplace, public, and transnationally. In so doing, she brings together multidisciplinary perspectives on the problem of violence against women and girls, and sets out the most promising policy and advocacy frameworks to end this violence.

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.

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.

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.

The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of core principles, different borders are explored to test out where criminal law's normative or performative limits are, in particular, the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, counter-terrorism and intelligence law.The volume carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and key comparative lessons. Each country offers insights beyond their own laws. This double perspective sharpens readers critical understanding of the criminal law, and at the same time produces insights that go beyond the perspective of one legal tradition.The book does not promote a single normative view of the limits of criminal law, but builds a detailed picture of the limits that exist now and why they exist now. This evidence-led approach is particularly important in an ever more interconnected world in which different perceptions of criminal law can lead to profound misunderstandings between countries. The Limits of Criminal Law builds picture of what shapes the criminal law, where those limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits. Some of the most interesting insights come out of the comparison between German systematic approach and doctrinal limits with English laws focus on process and judgment on individual questions.

A unified theory of conservation that addresses the broad problem of conservation, the principles that inform conservation choices, and the application of those principles to the management of the natural world. The conservation of natural resources, like that of any other asset, involves trade-offs. Yet, in a world faced with the harsh realities of climate change, crafting the right environmental policies is an increasingly urgent task. In Conservation, Charles Perrings and Ann Kinzig bring together new research in economics and biodiversity to investigate conservation decisions and the theory behind them. Perrings and Kinzig apply the concept of conservation broadly to examine how the principles of conservation apply to the management of the natural world. They demonstrate that the same basic principles serve as the foundation of all rational conservation decisions, from managing financial assets to safeguarding at-risk ecosystems. Whether someone is deciding to hold or dispose of a stock or whether to exploit or preserve a natural resource, they are better off choosing to conserve a resource when its value to them, if conserved, is greater than its value when converted. The book also considers the context of such conservation decisions. Just as national tax rules influence choices about financial investments, environmental regulations within countries, and environmental agreements between countries, impact the decisions regarding natural resources. Building on their basic theory of conservation, Perrings and Kinzig address key issues in the field of environmental economics, including the valuation of ecosystem services and environmental assets; the limits on the substitutability of produced and natural capital; and the challenges posed by the often weak markets for ecosystem services oriented toward the public good. They also address the problem of scale: while decisions might be easier to make at the local level, many conservation policies need to apply at either the national or international level to succeed. Written by experts from both social and hard sciences, this book presents a unified theory of conservation and provides a model for a more effective way to approach the vitally important issue.

Employment Rights 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. This volume deals with relations between employers and employees from the commencement of employment to its termination, and highlights the drastic inroads which have been made on the managerial prerogative by legislation, in particular the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act.

The reader will find detailed discussion of the employment contract, unfair labour practices, unfair discrimination and affirmative action, unemployment insurance and skills development.

The book is written in the clear and readable style for which the author has become acclaimed, and each topic is copiously illustrated with examples drawn from the case law.

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.

The second edition builds on the excellent reputation earned by the first as a comprehensive and practical work focussing on civil law claims and remedies. Its aim is to provide clear answers for practicioners whilst being willing to tackle some of the more complex and difficult areas such as proprietary remedies. The book covers all aspects of international commercial fraud litigation, ranging from issues of conflict laws, pre- emptive remedies (e.g. freezing orders, interim receivers, Norwich Pharmacal Orders), contentious insolvency litigations, to tracing assests. The book also covers substantive claims in areas such as trusts/ equity, contract, tort, restitution, company law and insolvency, as well as challenging asset protection devices in sham trusts and lifting the corporate veil, along with sanctions for non- compliance or contempt. Practical guidance on important procedural elements such as injunctions and disclosure is also provided. Detailed treatment of difficult topics such as unjust enrichment and conflict of laws is included and the new edition considers the impact of the Rome I and Rome II Regulations governing contractual and non- contractual obligations concerning choice of law issues. It also examines all relevant new case law such as Sinclair v Versailles concerning the impact on the right to obtain a proprietary claim in respect of a breach of fiduciary duty. The book draws together the disparate areas of the law that must be considered by commercial fraud litigators making a single and accessible reference source for practitioners and scholars.

The use of economic theory and economic evidence in competition cases, their appropriate interpretation, meaning, impact, usefulness and validity are among the most challenging issues that judges and legal practitioners are facing in their daily decision-making. Notorious questions of, for example, how courts, practitioners and other decision-making bodies should employ economic evidence and what weight (and credibility) should be attached to such evidence where different experts offer different suggestions are among the most complex ones. This book, while addressing such questions, provides tools for judges, scholars and legal practitioners to employ economic evidence in a more effective, optimal and predictable way so as to overcome the identified, EU-wide obstacles in enforcing current EU competition law.This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries. The book features scholars who are experts in the field of competition law and economics as well as several of the most prominent European judges who provide first-hand information on the use of economic evidence in practice. The book is not limited to a particular subfield of competition law, but covers the area of competition law at large, including state aid. This reflects the fact that also the European Commission has gradually expanded the application of the economic approach to all areas of competition law.

The use of third-party funding in the UK has been increasing and has moved into the mainstream as a funding option for clients involved in litigation, particularly following on from the positive endorsement of litigation funding by Lord Justice Jackson in his Review of Civil Litigation Costs where he said: 'I remain of the view that, in principle, third-party funding is beneficial and should be supported.'. This has now culminated in the formation of the Association of Litigation Funders to monitor compliance and the launch of the Code of Conduct for those funding in England and Wales. This practical guide to litigation funding provides the first comprehensive one-stop third-party funding reference to help practitioners in preparation for seeking funding and in their decision making. It examines the impact of the Jackson Reforms and Damages Based Agreements as well as the Code of Conduct and the Association of Litigation Funders. It would also include practical examples and a review of notable cases, including the important decisions of Gulf Azov Shipping, Arkin, London & Regional and Merchantbridge and their impact on funders, solicitors, and clients.

This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action. Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this unique guide to European and international contract law is marked out by the following features: A comparative perspective on highly topical, real-life issues of contract law; Materials from some 30 jurisdictions in both their original languages and in high quality translations, with information on smaller and medium-sized jurisdictions further diversified; An opportunity for students to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law; NEW! Concise introductions to the history of each country and its private law system, informing readers about the key data before they are invited to work with material from that jurisdiction; NEW! A chapter on 'contractual penalty clauses', a frequent occurrence in contractual practice; NEW! Full integration of the Chinese Civil Code which entered into force in 2021. Essential reading for all students of comparative contract law and methodology, thi the s third edition remains a vital teaching and learning resource, and a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.

EU Asylum and Immigration Law examines in detail the EU legislation and case law on the issues of immigration, asylum, visas and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. The updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of 'refugee' and subsidiarity protection, the rights of asylum-seekers, and Member States' responsibility for asylum-seekers); and irregular migrants' rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. Steve Peers' seminal text on the justice and home affairs law of the European Union appears in its fourth edition and is now available in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law, and as a two-volume set. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.

This book studies the role of international actors in the areas of transitional justice and justice sector aid with respect to traditional justice and legal pluralism in sub-Saharan Africa. Based on a number of case studies, the chapters describe the kinds of policies and interventions that are supported and financed by international actors, with special attention for the kinds of strategies that are deployed in order to address areas of tension with human rights. The volume then explores the relationship between international actors' practices and the body of knowledge that exists in these domains, as well as in general socio legal theory. Thereby, this contribution offers empirical data drawn from examples of who is doing what in a series of case studies, identifies regional trends and links them to the existing literature by examining the extent to which the insights generated so far by scholars and practitioners is reflected in the work of international actors. Based on this, the book formulates a number of hypotheses that may explain current trends and proposes additional issues that need to be considered in future research agendas. Finally, the volume links two fields of intervention that have so far evolved in rather parallel ways and explores the commonalities and differences that can be found in the areas of transitional justice and justice sector aid.

Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost. The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA). The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms `mineral' and `petroleum'; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum.

In response to increasing mobility and migration in Europe, the European Directive 2010/64/EU on strengthening the rights to interpretation and translation in criminal proceedings has highlighted the importance of quality in legal translation and interpreting. At the same time, the economic situation is putting pressure on public services and translation/interpreting service providers alike, jeopardizing quality standards and fair access to justice. With regard to interpreting, the use of videoconference technology is now being widely considered as a potential solution for gaining cost-effective and timely access to qualified legal interpreters. However, this gives rise to many questions, including: how technological mediation through videoconferencing affects the quality of interpreting; how this is related to the actual videoconference setting and the distribution of participants; and ultimately whether the different forms of video-mediated interpreting are sufficiently reliable for legal communication. It is against this backdrop that the AVIDICUS Project (2008-11), co-funded by the European Commission's Directorate-General Justice, set out to research the quality and viability of video-mediated interpreting in criminal proceedings. This volume, which is based on the final AVIDICUS Symposium in 2011, presents a cross-section of the findings from AVIDICUS and complementary research initiatives, as well as recommendations for judicial services, legal practitioners and police officers, and legal interpreters.

The Law of Corporate Finance discusses, from a company law perspective, the provisions of the Companies Act 71 of 2008 relating to the field of shares, securities, and corporate finance. There have, thus far, been few major decisions of the courts providing guidance on this technical branch of company law. The Law of Corporate Finance unpacks the complexity of this field of law, while also examining the Companies Regulations and the common law principles preserved by the Companies Act. It offers a lucid and comprehensive treatment of this notoriously difficult subject. The Law of Corporate Finance is written to provide guidance to a wide range of persons seeking a proper grasp of both the principles of corporate finance as well as their practical application - from the judiciary, legal practitioners and legal advisors to auditors and accountants, from company directors and company secretaries to academics and students, whether undergraduate or postgraduate. The major company law topics in the field of corporate finance are discussed and analysed in this book. A highlight of The Law of Corporate Finance is that it includes a discussion of the legal remedies available to investors when the rules relating to corporate finance have been flouted. A further highlight is the practical examples that illustrate how corporate finance rules work and their shortcomings in specific situations. Due to the rapid globalisation of corporate law, a treatment of the legal position in leading foreign jurisdictions has been included, particularly those that have moulded the provisions of the South African Companies Act. These include English law, US law, Australian, Canadian and New Zealand law. This unique perspective provides an invaluable insight into the interpretation and application of the corporate finance provisions of the South African Act. Anyone seeking to understand the complex corporate finance rules will find this book to be useful and illuminating.

Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in England and Wales. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process. This new edition has been fully updated to include all important legislative changes over the last three years, and covers all significant case law, including discussion on R v Waya The new edition incorporates in-depth coverage of the relevant legislation, with analysis of the Proceeds of Crime Act 2002 and reference to case law under both the Drug Trafficking Act 1994 and the Criminal Justice Act 1988, as well as the most recent amendments under the Crime and Courts Act 2013. The new edition contains carefully selected appendices, including extracts from the Proceeds of Crime Act 2002, and draft restraint, receivership and civil recovery orders.

This second edition of Understanding Money Laundering and Illicit Financial Flows explains these two concepts and outlines strategic responses to deal with them. The book explores the forms of money laundering and illicit financial transfers; mechanisms used to launder money; measures to curb, investigate and monitor these crimes; and asset forfeiture.

Understanding Money Laundering and Illicit Financial Flows also considers new strategic approaches to combating these crimes. It touches briefly on the funding of terrorism, which is seen as closely connected to laundering and illicit transfers. The book includes clear illustrations, useful statistics, explanations of frequently used terms, a comprehensive bibliography and recommendations for further reading.

Understanding Money Laundering and Illicit Financial Flows provides the reader with an easy entry into these complex subjects. The book will be useful not only for role players in the public sector – such as policy makers, politicians, law enforcement officials and regulators – but also for businesses and managers in the private sector. Written in an accessible way, the book is aimed at both professionals and a broader audience.

Formally, Kansas still operates under a constitution dating from 1959. However, its present day basic law differs importantly from the original text. In The Kansas State Constitution, Francis H. Heller offers an unprecedented explanation of Kansas's experience with "incremental revision."
In The Kansas State Constitution, Francis H. Heller carefully traces the history and development of the Kansas state constitution. Heller includes the constitutional text in its entirety and offers accompanying descriptions of specific constitutional provisions. These descriptions provide readers with important information about the origins each provision, as well as ways in which the courts and other governmental bodies have interpreted them. A bibliographical essay describing the most important sources of the constitutional history and constitutional law of Kansas, making this an indispensable for students, scholars, and practitioners of Kansas's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

This book is the only analysis of the legal regime governing collective investments in the important financial centre of Luxembourg. Written by expert practitioners from a leading funds practice, it provides a detailed, comprehensive, and practical account of the regulation and operation of investment funds under Luxembourg law. Beginning with a definition of undertakings of collective investment funds and a description of the background to the relevant legislation, the authors go on to provide a detailed account of how undertakings for collective investments are classified and how they operate in practice. Covering all relevant EU Directives including the UCITS Directives, Prospectus Directive, MiFID, and the Savings Directive, the authors also consider the application of these Directives under Luxembourg law. The latest developments on the AIFM Directive are also addressed. A comprehensive and systematic account, this new edition is an important reference source for all practitioners and investment managers regularly dealing with Luxembourg investment funds, as well as providing an exceptional introduction to this area of the law.

Criminology is a dynamic and evolving field of study. In the recent decades, the study of the causes, development, prevention, and treatment of juvenile delinquency and adult crime has produced many important discoveries. This volume address two questions about crucial topics facing criminology - from causation to prevention to public policy: Where are we now? What does the future hold? Rolf Loeber and Brandon C. Welsh lead a team of more than forty top scholars from across the world to present the future of research, policy, and practice in the discipline. "Criminology has entered into a new era in which standard ideas are being revised or replaced by fresh theoretical and empirical investigations. In The Future of Criminology, Rolf Loeber and Brandon Welsh capture the field's dynamic nature by pulling together, under one cover, diverse ideas of where criminology should head. Written by leading scholars, the volume's contributions provide lucid and compelling assessments of how best to think about crime and its control. Every scholar should keep this book close at hand and consult it regularly."-Francis T. Cullen, Distinguished Research Professor, University of Cincinnati "Inspired by David Farrington, one of the world's foremost scholars of criminology, The Future of Criminology is designed to be a 'state of the art' collection of essays delineating criminology's contribution to our understanding of crime prevention and its control. It succeeds admirably as a diverse group of leading scholars summarize, integrate, and extend previous work on child delinquency, criminal careers, psychopathology, high-risk families and communities, and experimental criminology. Researchers, policymakers, and students will benefit greatly from a close study of its chapters." - Joan Petersilia, Adelbert H. Sweet Professor of Law, Stanford Law School "This set of contributions, by forty world-renowned criminologists, constitutes a cutting-edge volume for future generations of scholars to take the baton from David Farrington."-Gerben Bruinsma, Director of Netherlands Institute for the Study of Crime and Law Enforcement, Amsterdam

It is now unquestionable that corruption has become an issue of international concern. A complex set of substantive and procedural rules has emerged concerning the prevention and repression of corruption, representing the international legal framework against corruption. The present study begins by tracing the emergence of this framework and engages in a systematic analysis of its content, highlighting weaknesses and innovative aspects. What does international law require States to do in relation to corruption? What happens if States do not meet their international obligations? The responses to these questions constitute the core of this study.