Although the protection of individuals' interests against administrative actions is still primarily the domain of the judiciary, most legal systems nowadays also assign this task to ombudsmen. This can potentially lead to tension between the two institutions and can affect their relations, and therefore needs coordination. This book investigates whether relations between the judiciary and ombudsmen exist at all, how their respective tasks and competences influence one another and how they are coordinated. It contains a comprehensive and comparative study on the coordination of the relations between ombudsmen and the judiciary in three considerably different legal systems, namely the Netherlands, England and the European Union. The author identifies three levels of possible coordination: institutional coordination, case coordination and normative coordination. He explores and compares the statutory rules, the case law of the judiciary and ombudsprudence. In addition, he draws from experiences shared through interviews with ombudsmen, judges and employees of ombudsman offices. In doing so, he demonstrates that several improvements to the ombudsmen-judiciary relations are required

After its heyday in the 1970s and 1980s, many wondered whether the law and literature movement would retain vitality. This collection of essays, featuring twenty-two prominent scholars from literature departments as well as law schools, showcases the vibrancy of recent work in the field while highlighting its many new directions. New Directions in Law and Literature furnishes an overview of where the field has been, its recent past, and its potential futures. Some of the essays examine the methodological choices that have affected the field; among these are concern for globalization, the integration of approaches from history and political theory, the application of new theoretical models from affect studies and queer theory, and expansion beyond text to performance and the image. Others grapple with particular intersections between law and literature, whether in copyright law, competing visions of alternatives to marriage, or the role of ornament in the law's construction of racialized bodies. The volume is designed to be a course book that is accessible to undergraduates and law students as well as relevant to academics with an interest in law and the humanities. The essays are simultaneously intended to be introductory and addressed to experts in law and literature. More than any other existing book in the field, New Directions furnishes a guide to the most exciting new work in law and literature while also situating that work within more established debates and conversations.

This book explains the health and safety measures that employers are required to implement in the workplace to protect their employees and the public against COVID-19. It contains several checklists that systematically work through and simplify the applicable Directions issued by the Minister of Employment and Labour.

The Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces were published in the Government Gazette on 1 October 2020. They place a legal responsibility on employers to take further measures to safeguard employees and the public against COVID-19. Penalties can be imposed on employers who fail to comply with the Directions (in terms of the Occupational Health and Safety Act).

Zimbabwe’s Constitution of 2013 provides for multi-level government at national, provincial and local level. This book explores the nature, evolution and future of this multi-level system of government against the background of international best practices.

Provincial and Local Government Reform in Zimbabwe: An analysis of the Law, Policy and Practice considers key questions about the multi-level system of government and shows how it radically differs from the old Lancaster House constitutional order.

The roles that provincial and local governments, as well as traditional leaders, fulfil in the new order are examined, the reforms needed to implement the system are outlined, and lessons to be learnt from other countries with multi-level governments are considered.

This book aims to aid the realisation of Zimbabwe’s constitutional goals of development, democracy and peace through effective multilevel governance and contributes to the international discourse on decentralisation and the role of subnational governments in Africa.

We live in an era in which privacy and data protection are daily news items. This tendency demonstrates that privacy and data protection are taken seriously in wide circles of our society. Most of the time, however, issues relating to privacy and data protection are not newsworthy because these rights have been so well protected. It is the scandals that make the news, the latest example being the NSA affair which has dominated the news for months. These news stories create a feeling of discomfort and lead to diminishing trust - diminishing trust of citizens in companies they deal with, in their governments, in supranational entities such as the European Union, in the law, and diminishing trust between countries. This book defines the restoration of this trust in relation to privacy and data protection as the most pressing challenge. It reflects on the state of play in the area of privacy and personal data protection in Europe and the United States at the start of 2014. The authors discuss the issues from different perspectives, such as constitutional values and the role of the judiciary, the role of the legislator and independent control, and transatlantic relations. This volume collects contributions of a large number of outstanding academic scholars, legal practitioners, regulators and politicians from Europe as well as the United States. All contributions are written in honour of Peter Hustinx, the first European Data Protection Supervisor who will step down in 2014, after ten successful years in office and after a long and impressive career in the area of privacy and data protection. A recommended read for everyone interested in privacy and data protection and more generally in the complex relations between law and the information society.

In this book Hannah Kruimer analyses the application of the legal principle of non-discrimination in the context of energy network operation. Since the early 1990s the duty not to discriminate has applied to energy network operators, in order to achieve a liberalised European energy market, in which European consumers have a free and real choice of energy supplier. This book provides guidance to those working in the context of the non-discrimination obligation, such as energy network operators, regulatory authorities, national courts and other energy market players, as well as those studying the rules for (academic) research purposes. The book's conclusions serve as a tool for critical consideration and offer suggestions for improvements to the legal framework and its application on a European as well as a national level. It is thus of practical as well as academic relevance. Several questions are answered in this book, including why energy network operators have a non-discrimination obligation in the context of energy market liberalisation, how European law has tried to remove and control the discrimination problem since the early 1990s and when different treatment of energy network users amounts to 'forbidden' discrimination? The book's conclusions are underpinned by comparisons with competition law, public procurement law and telecommunications law, as well as a case-study on how energy network operators and regulators in several Member States currently interpret and apply the non-discrimination obligation.

This Training Framework is based on the empirical study of the procedural rights of suspects in four European Union (EU) jurisdictions - England and Wales, France, the Netherlands and Scotland - conducted in the period 2011-2013. The study focused on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected and accused persons in criminal proceedings: the right to interpretation and translation; the right to information and the letter of rights; and the right of access to a lawyer before and during police interrogation, as well as the right to silence. The results were published in the book Inside Police Custody: An Empirical Account of Suspects' Rights in Four Jurisdictions, Ius Commune Europaeum No. 113. The objective of the training framework is to enhance the knowledge, understanding and skills of criminal justice practitioners - police officers and defence lawyers - in respect of the procedural rights of suspects in police detention. It seeks to do this by orientating the framework around the requirements of EU law on procedural rights, as set out in the EU Directives referred to above, and by suggesting appropriate training strategies. The framework incorporates best-practice identified during the observational stage of the research study, and is designed to be applicable across EU Member States. Since training courses for police officers and lawyers rarely focus exclusively on the procedural rights of suspects, the training framework is not intended to provide a model for stand-alone training. Building on the findings of the research, and the pilot training programme carried out as part of the research project, the training framework is designed as a tool to be used in the planning of training programmes on the procedural aspects of police custody, for both police officers and lawyers. In this regard, it highlights the procedural rights to be addressed through training, and the training methods that may be suitable for ensuring their effective delivery in practice. The research study and development of the training framework was carried out by the Universities of Maastricht, Warwick and the West of England, together with JUSTICE. Avon and Somerset Police and the Open Society Justice Initiative were also collaborators on the project.

The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area with the aim of providing citizens with the opportunity to resolve their disputes outside state courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. Its goal is to analyse in depth the various ADR devices present in relevant countries, such as Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, Singapore, South Korea, Thailand, the Philippines, and the USA. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyses subjects covered by ADR devices, the existing legal regime, and its solutions and problems. The book provides a unique response to a topical matter of great legal and economic relevance. It is written by leading practitioners and scholars and provides a clear image of the existing framework from a legal, theoretical and practical standpoint. This book is essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world.

Understanding the CCMA Rules & Procedure is an explanation of the Rules for the Conduct of Proceedings before the CCMA, and an invaluable guide to the various CCMA processes and proceedings. Understanding the CCMA Rules & Procedure will assist the reader in understanding a sometimes complicated and confusing set of rules. Each CCMA rule is explained and summarised. In cases where a rule has been interpreted by the CCMA or Labour Courts, the relevant award or judgment is brought to the reader's attention. Understanding the CCMA Rules & Procedure also contains: The text of the rules for easy reference; A useful matrix of CCMA forms and their uses; Templates for rescission and condonation applications; The CCMA guidelines on misconduct arbitration; The code of conduct for CCMA commissioners.

There have been remarkable developments in the field of human rights in the past few decades. Still, millions of asylum-seekers, refugees, and undocumented immigrants continue to find it challenging to access human rights. In this book, Ayten Gundogdu builds on Hannah Arendt's analysis of statelessness and argues that these challenges reveal the perplexities of human rights. Human rights promise equal personhood regardless of citizenship status, yet their existing formulations are tied to the principle of territorial sovereignty. This situation leaves various categories of migrants in a condition of "rightlessness," with a very precarious legal, political, and human standing. Gundogdu examines this problem in the context of immigration detention, deportation, and refugee camps. Critical of the existing system of human rights without seeing it as a dead end, she argues for the need to pay closer attention to the political practices of migrants who challenge their condition of rightlessness and propose new understandings of human rights. What arises from this critical reflection on human rights is also a novel reading of Arendt, one that offers refreshing insights into various dimensions of her political thought, including her account of the human condition, "the social question," and "the right to have rights." Rightlessness in an Age of Rights is a valuable addition to the literature on Hannah Arendt and a vital way of rethinking human rights as they relate to contemporary issues of immigration.

Over the past twenty years, National Human Rights Institutions (NHRIs) have moved from the periphery to the centre of the human rights debate. The potential of NHRIs to transmit and implement international norms at the domestic level, and to transfer human rights expertise to regional and global human rights fora, is increasingly recognised. In Europe, the continent with the widest variety and density of human rights protection mechanisms, NHRIs are also gradually gaining recognition as actors that can enable more comprehensive and effective human rights promotion and protection. This book, the result of a COST conference held in Leuven in April 2012, focuses on the functioning and role of NHRIs in Europe in a comparative, European and international perspective. At a time when the European Union is looking for a more coherent and strategic human rights policy, it is important that policy makers and academics pay more attention to the potential role of NHRIs. By bringing together contributions from academics and practitioners, this volume offers insights into the opportunities and challenges that accompany the increasing emergence of NHRIs in Europe and their proliferation on the multiple levels of human rights promotion and protection. Accordingly, this volume aims to inform and further trigger the NHRI debate in Europe.

As most Americans know, conflicts of interest riddle the US health care system. They result from physicians practicing medicine as entrepreneurs, from physicians' ties to pharma, and from investor-owned firms and insurers' influence over physicians' medial choices. These conflicts raise questions about physicians' loyalty to their patients and their professional and economic independence. The consequences of such conflicts of interest are often devastating for the patients--and society--stuck in the middle.
In Conflicts of Interest and the Future of Medicine, Marc Rodwin examines the development of these conflicts in the US, France, and Japan. He shows that national differences in the organization of medical practice and the interplay of organized medicine, the market, and the state give rise to variations in the type and prevalence of such conflicts. He then analyzes the strategies that each nation employs to cope with them.
Unfortunately, many proposals to address physicians' conflicts of interest do not offer solutions that stick. But drawing on the experiences of these three nations, Rodwin demonstrates that we can mitigate these problems with carefully planned reform and regulation. He examines a range of measures that can be taken in the private and public sector to preserve medical professionalism--and concludes that there just might be more than one prescription to this seemingly incurable malady.

This book focuses on ecological damage: the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms (such as liability insurance, direct insurance, risk-sharing agreements, environmental funds, other guarantees and capital markets), to both prevent and compensate for ecological damage. Three new compensation models are proposed in this research, mainly based on the desirability and feasibility of a mandatory financial security system. In addition to briefly exploring the existing experience in the US, the EU and international regimes, this book also provides both theoretical and empirical research on the Chinese compensation system, which the existing literature has largely neglected. This book will be of interest to legal scholars, environmental agencies and insurers, and students.

Many Christians ignore most Old Testament laws as obsolete or irrelevant. Others claim to honor them but in fact pick and choose among them very selectively in support of specific agendas, like opposition to homosexual rights. Yet it is a basic tenet of Christian doctrine that the faith is contained in both the Old and the New Testament. If the law is ignored, an important aspect of the faith tradition is denied. In this book Cheryl Anderson tackles this problem head on, attempting to answer the question whether the laws of the Old Testament are authoritative for Christians today. This question is crucial, because some Christians actually believe that the New Testament abolishes the law, or that the major Protestant reformers (Luther, Calvin, Wesley) rejected the law. Anderson acknowledges the deeply problematic nature of some Old Testament law, especially as it applies to women. For example, Exodus 22:16-17 and Deuteronomy 22:28-29 both deem the rape of an unmarried female to have injured her father rather than the female herself. Deuteronomy requires the victim to marry her rapist. Anderson argues that biblical laws nevertheless teach us foundational values. They also, however, remind us of the differences between their ancient context and our own. She suggests that we approach biblical law in much the same way that Americans regard the Constitution. The nation's founding fathers were privileged white males who did not have the poor, women, or people of color in mind when they agreed that "all men are created equal." The Constitution has subsequently been amended and court decisions have extended its protections to those who were previously excluded. Although the biblical documents cannot be modified, the manner in which they are interpreted in later settings can and should be altered. In addition to her work as a scholar of the Old Testament, Anderson has been a practicing attorney, and has worked extensively in critical, legal, feminist and womanist theory. This background uniquely qualifies her to apply insights from contemporary law and legal theory to the interpretive history of biblical law, and to draw out their implications for issues of gender, class, and ethnicity.

The New York Convention is regarded as one of the most successful treaties in the past fifty-five years. Its simplicity and brevity in wording but complexity and diversity in application have triggered endless discussions, debates and writings. Rethinking the New York Convention - A Law and Economics Approach for the first time offers a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely Darwinian legal theory and game theory. Four key topics are analysed in this book: the evolution of the treaty, the competition among various jurisdictions, lex mercatoria and governing law in arbitration, and the doctrine of public policy. This choice of key topics offers the opportunity to look into these so-called core dilemmas surrounding the New York Convention from different angles, inspiring the reader to think outside the box. In addition, against the background of the current financial crisis, this book focuses on the use of the New York Convention in the context of global governance and discusses the need for a reform of the existing regime of cross-border transactions and activities. Rethinking the New York Convention - A Law and Economics Approach explores the topic in a refreshing style and will be of use for anyone who is interested in arbitration or law and economics.

The separation of powers is an idea with ancient origins, but nowadays it is often relegated to legal doctrine, public philosophy, or the history of ideas. Yet the concept is often evoked in debates on the "war " on terrorism, the use of emergency powers, or constitutional reform. So it is surprising that there have been few attempts to place the study of the separation of powers on a social scientific footing. To that end, this book makes a bold conjecture. It argues that the separation of powers emerged with the spread of literacy, became a central part of constitutional thought in the context of the Gutenberg revolution, and faces unprecedented challenges in our current era of electronic communication. The separation of powers is linked to social-cognitive changes associated with evolving media of communication. The essence of the argument is that constitutional states use texts to coordinate collective action, and they do so by creating governmental agencies with specific jurisdiction and competence over distinct types of power. The first, and most familiar to students of political science since Max Weber, is the power to make decisions backed by legally sanctioned coercion. Cameron highlights two other forms of power: the deliberative power to make procedurally legitimate laws, and the judicial power to interpret and apply laws in particular circumstances. The division of government into three such branches enables state officials and citizens to use written texts-legal codes and documents, including constitutions-along with unwritten rules and conventions to coordinate their activities on larger scales and over longer time horizons. Cameron argues that constitutional states are not weaker because their powers are divided. They are often stronger because they solve collective action problems rooted in speech and communication. The book is a must read for anyone interested in the separation of powers, its origin, evolution, and consequences.

Hans van Loon has been at the forefront of private international law for well over a quarter of a century. Since joining the Hague Conference on Private International Law in 1978, he has presided over remarkable growth of the Organisation and significant changes to how it operates. He has been involved in the development of nine Hague Conventions, two of which are fast approaching 100 Contracting States, as well as the revision of the Statute of the Hague Conference. In his time as Secretary General, he has seen the Organisation's membership grow from 44 to 72 Members (with more than 60 non-Member States now party to at least one Hague Convention), which has turned the Hague Conference into a veritable world organisation. The continued relevance of the Hague Conference in the 21st century owes much to the commitment of Hans van Loon to private international law and his awareness of its role in a broader social context. This Liber Amicorum is a collection of contributions from friends and colleagues who have shared the negotiating table with Hans van Loon at various diplomatic sessions, collaborated with him on seminars and academic pursuits around the globe, and worked alongside him at the Permanent Bureau. Its pages are testament to a long and respected career, as well as to the meaningful relationships that Hans van Loon has developed along the way with academics, judges, practitioners and government officials from various legal backgrounds.

Out of the 2015/16 nationwide student protest action has come the long-overdue challenge for academia to assess and reconsider critically the role academics play in maintaining and perpetuating exclusive social structures and discourse in schools and faculties in the higher education landscape in South Africa. Decolonisation and Africanisation of Legal Education in South Africa proposes possible starting points on the subject, and the roles, challenges and questions that legal academia face in the quest to decolonise and Africanise legal education in South Africa. It explores the potential role of the Constitution in decolonising and Africanising legal education. Furthermore, the book discusses important contextual factors in relation to decolonising clinical legal education. Decolonisation and Africanisation form a much more nuanced project in the continuous process of development and reflection to be undertaken by all law academics together with their relevant institutions and students. The book ultimately highlights the importance of decolonising the law itself. This timely and important work lays a foundation that will hopefully inspire many more publications and debates aimed at transforming our legal education.

Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.

Regulation and In-House Lawyers is a resource for SRA regulated lawyers working in-house for organisations which are not authorised by the SRA. This second edition has been updated to reflect the major regulatory changes introduced by the SRA Standards and Regulations in November 2019. The book explains the changes and their significance to in-house lawyers in particular, and provides guidance on regulatory compliance. It also covers key legislation such as the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the EU General Data Protection Regulation and the Data Protection Act 2018, as well as recent Solicitors Disciplinary Tribunal decisions. Additional material has been added to this new edition which will help lawyers to demonstrate compliance in practice through systems, controls and policies, including templates which can be used by practitioners to create compliance manuals.

The process of the transformation, reconciliation, development and reconstruction of South African society had not been finalised when the Truth and Reconciliation Commission (TRC) and the Amnesty Committee reached the end of their mandates in 1998 and 2003 respectively. The reality is that apart from those people whose applications for amnesty have failed, there are also those who simply choose not to participate in the proceedings, as well as those who could not participate due to the limitations in the scope of the TRC. It is therefore imperative to implement measures to address "unfinished business," which should be approached in such a manner that they complement and build upon the work of the TRC. This book focuses on successive measures in the form of prosecutions and on the implementation of additional measures in the form of Presidential pardons in the aftermath of the TRC's amnesty scheme. The main objective of this book is to examine the manner in which the post-TRC phase in South Africa has unfolded and to answer the question of whether or not South Africa's post-TRC initiatives are in compliance with both national and international law. The aim of presenting the South African model, although context specific, is to contribute to a better understanding of legal challenges a society in transition faces in the aftermath of initial measures in the form of amnesty. This will provide guidance to future societies in transition and reduce the likelihood of repeating avoidable errors - errors that transitional societies can hardly afford to make.

This book is the first South African work on this crucial new tool for the successful investigation and prosecution of crime.

It introduces readers to the biological principles of DNA and emphasises the importance of the chain of custody and pre-trial disclosure. It also looks at the process that a DNA-sample has to go through before a DNA test result can be produced, as well as an explanation of test result interpretation.

The meaning of a DNA match is explained, as well as aspects of population genetics, statistical calculations and DNA databases.

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.