Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field.
Each year's volume compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.
Featured in the 2008 Digest are excerpts from and discussion of numerous documents relating to issues of current interest, including the following:
* Department of Justice position on trial and conviction within the U.S. of the son of former Liberian president Charles Taylor, for torture (Chapter 3, "International Criminal Law").
* The U.S.-Libya Claims Settlement Agreement, including the Libyan Claims Resolution Act (enacted August 4, 2008) (Chapter 8, "International Claims and State Responsibility").
* Recognition of Kosovo as a sovereign state and establishment of diplomatic relations with Kosovo (Chapter 9, "Diplomatic Relations, Succession, and Continuity of States").
* Decisions in arbitration regarding the softwood lumber dispute with Canada (Chapter 11, "Trade, Commercial Relations, Investment, and Transportation").
* Statements and speeches of U.S. officials on climate change made at international climate change conferences (Chapter 13, "Environment and Other Transnational Scientific Issues").
* Executive Orders imposing sanctions on Burma, Syria, and Zimbabwe (Chapter 16, "Sanctions").
* U.S. positions on the Israeli-Palestinian conflict as well as peace efforts in Lebanon, Somalia, and Sudan (Chapter 17, "International Conflict Resolution and Avoidance").
* U.S. statements on the Russia-Georgia conflict and other instances of international armed conflict (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* U.S. positions on discussions of a possible Protocol to the Convention on Conventional Weapons relating to cluster munitions, and U.S. opposition to a separate Convention on Cluster Munitions (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* U.S. federal court decisions on current and former Guantanamo detainees (Boumediene v. Bush, Parhat v. Gates, Gates v. Bismullah, Rasul v. Myers, and In re Guantanamo Bay Detainee Litigation (pertaining to enemy combatant status of Uighur detainees)), military commissions (United States v.Hamdan), detainees held in the United States (Al-Marri v. Pucciarelli), and detainees held by the Multinational Force in Iraq (Munaf v. Geren) (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* UN Security Council Resolution and U.S. position on piracy in Somalia (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* U.S. positions on nuclear nonproliferation-related issues, including issues relating to North Korea, Iran, Syria, Russia, and India (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").

Copyright looms large in the digital world. As users and creators of expressive works, we all know more about copyright than we did a decade ago. But scholars of modernism have felt a special urgency in grappling with this branch of law, whose rapid expansion in recent years has prolonged or revived the rights in many modernist works. Indeed, thanks to public clashes between estates and users, 'modernism' has lately begun to seem like a byword for contested intellectual property. At the same time, today's volatile legal climate has prompted us to ask how modernism was, from its beginning, shaped by intellectual property law-and how modernists sought variously to exploit, reform, anoint, and evade copyright. We are beginning to discover, too, how copyright's transatlantic and imperial asymmetries during the modernist decades helped set the stage for its geopolitical role in the new millennium. Modernism and Copyright is the first book to take up these questions and discoveries in all their urgency. A truly multi-disciplinary study, it brings together essays by well-known scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works like these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.

The vulnerability of juvenile suspects concerns all phases of proceedings but is probably greatest during interrogations in the investigation stage. These early interrogations often constitute the juvenile suspects' first contact with law enforcement authorities during which they are confronted with many difficult questions and decisions. Therefore, the juvenile suspect should already at this stage be provided with an adequate level of procedural protection. The research project 'Protecting Young Suspects in Interrogations' underlying this volume, sprung from the observation that the knowledge of the existing level of procedural protection of juvenile suspects throughout the European Union is limited. More specifically, there is very little knowledge of what actually happens when juvenile suspects are being interrogated. The research project aims to fill at least part of this gap by shedding more light on the existing procedural rights for juveniles during interrogations in five EU Member States representing different systems of juvenile justice (Belgium, England and Wales, Italy, Poland and the Netherlands). In doing so, it intends to identify legal and empirical patterns to improve the effective protection of the juvenile suspect. The project is a joint effort of Maastricht University, Warwick University, Antwerp University, Jagiellonian University and Macerata University in cooperation with Defence for Children and PLOT Limburg.The present volume contains the results of the first part of the research project: a legal comparative study into existing legal procedural safeguards for juvenile suspects during interrogation in the five selected Member States. The country reports incorporated in this volume provide for an in-depth analysis of the existing rules and safeguards applicable during the interrogation of juvenile suspects. On the basis of these findings a transversal analysis is carried out in the final chapter, which is dedicated to the identification of common patterns with a view to harmonising the systems and improving the protection of juvenile suspects' rights. Part 2 and 3 of the research project (empirical research consisting of observations of recorded interrogations and focus group interviews) and a final merging of the legal and empirical findings resulting in a proposal for European minimum rules and best practice on the protection of juvenile suspects during interrogation will be published in a separate, second volume ('Interrogating Young Suspects: Procedural Safeguards from an Empirical Perspective').The book is intended for academics, researchers, practitioners and policy-makers working in the area of juvenile justice and interrogation.

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.

In the last couple of decades the national administrative law of the Member States has been influenced by case law from the Court of Justice of the European Union (CJEU). One of the main objectives of this research is to examine this influence and more specifically the influence of EU law on cooperation between public authorities. The present work examines how and to what extent EU (public procurement) law has an influence on the way a public authority organises and discharges its public service tasks. The object of this book is limited to cooperative agreements (public contracts and service concessions) concluded between public authorities as a means to organise or discharge public service tasks. Public authorities and private enterprises should be made aware as far as possible of the potential impact of EU law on certain types of cooperative agreements. This knowledge will prevent situations where the public authorities are post facto confronted with lawsuits that might force them to withdraw completely from cooperative associations that are already underway. It also enables private enterprises to be aware that in this context they may benefit from an open market. The book gives lawyers and practitioners in the field the most actual theoretical and practical background on the subject.

This second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.

Based on case studies spanning time and geography from the Spanish to the Nigerian civil wars, to government repression in Argentina and genocidal policies in Guatemala and Rwanda and, finally, to forced population removal in Australia and Israel, this collection represents a focused attempt to come to grips with some of the strategies used to publicly engage with traumatic memory work. The various essays offer a kaleidoscopic perspective of new approaches to show how such memory work contributes to transitional justice efforts, demonstrating the complexities of achieving justice and reconciliation through the open expression of shared memories of violence.

What is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences.
In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity.
Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.

This book contains a collection of economic and legal essays written by academics and practitioners who contributed to the elective Master's course 'State Aid and Public Procurement in the European Union' at Maastricht University, and to two conferences on State aid and public procurement organised in Maastricht in 2013 and 2014. The course, the conferences and this book aim to provide stakeholders - students, but also academics, practitioners, civil servants, and consumers - with a better knowledge of the EU rules on public procurement and State aid. By treating these two legal fields in one volume, the book also intends to draw attention to the largely unexplored links and interfaces between public procurement and State aid rules, which both aim to complete the internal market and to prevent the distortion of competition. Both fields also share common concepts, and furthermore observance of public procurement rules may limit the risk of individual transactions being qualified as State aid (as the Altmark case law and related Commission packages illustrate). In 2011, the European Commission's Education, Audiovisual and Culture Executive Agency EACEA recognised the course 'State Aid and Public Procurement in the European Union' as a Jean Monnet European Module (Lifelong Learning Programme).

European jurisdictions play a central role in intercountry adoption, both as countries of origin for children being placed, and as receiving countries. In 2010, 50 per cent of all children involved in intercountry adoption worldwide were sent to countries within Europe, while three European states - France, Spain and Italy - have been in the top five receiving states in the world for the past 15 years. In addition, of the approximately 30,000 children involved in intercountry adoption per year worldwide, around one-third come from European jurisdictions. The question that this book aims to answer is very simple: how can we best protect the rights of these children? Using the United Nations Convention on the Rights of the Child and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption as the foundation for analysis, this book provides an examination of the application of children's rights in the field of intercountry adoption. It uses European jurisdictions as examples of both good and bad practice in order to illustrate the issues that arise in the practical implementation of these principles. In doing so, the book proposes normative guidelines within which intercountry adoption can be effected in a manner that protects the rights of children in Europe. This book argues that children involved in intercountry adoption should be afforded the same safeguards, the same protection, as children in domestic placements, in a system that focuses on the welfare of the child as the paramount consideration. The book covers in detail the following issues: - the place of intercountry adoption within the domestic system - the applicability of intercountry adoption as a child protection mechanism, and the impact it can have on other forms of alternative care - the conditions for parental consent to intercountry adoption; including the identity of those who must give consent, and how it can be dispensed with - the mechanisms used to prevent consent being obtained improperly, and to prevent the illegal trafficking of children - the participation of the adopted child in the decision-making process - the right of the child to obtain information concerning his or her biological parents - the eligibility of prospective adopters - the support necessary for a successful adoptive placement

This book provides an overview of the state of EU migration law in 2014. It explores the meaning of EU legislation on migration in the light of fundamental rights and principles of Union law as explained in leading case-law of the European courts. It is especially aimed at students, but may likewise be useful for practitioners, policy makers or others interested in the legal foundations of migration in Europe. Today's Union law contains a comprehensive and almost all-encompassing migration law system. It governs both voluntary and forced migration. It controls entry, residence and return. It covers both Union citizens and third-country nationals. Though there are fields not affected by Union law and left to the Member States, the overall picture drawn by the existing EU instruments is fairly complete. The book purports to present as lucidly as possible, in one framework, the different regimes as they pertain to the free movement of Union citizens, the association agreement with Turkey, the migration of third country nationals for reasons of work, study, family reunification and asylum, the regulation of movement of third country nationals to, from and within the Schengen area, and instruments to control migration. This second edition is written by the same authors who wrote the first edition. Pieter Boeles, Emeritus Professor of Migration law at the University of Leiden, is now Visiting Professor at VU University Amsterdam; Maarten den Heijer is Assistant Professor of International Law at the Amsterdam Center for International Law (University of Amsterdam); Gerrie Lodder is Senior Lecturer in Immigration Law at the University of Leiden and Kees Wouters is Senior Refugee Law adviser at the Division of International Protection of UNHCR in Geneva.

The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.

The need to prevent convicted prisoners and other offenders from reoffending constitutes a major challenge for both criminal justice and penitentiary systems. Reoffending rates are considerable - in many instances they are even high - while the issue is tremendously complicated. Rehabilitation (sometimes described as resocialisation, reintegration or treatment) is an important tool to prevent reoffending, but has clearly become less self-evident in many jurisdictions in recent decades. This volume therefore first of all focuses on the value of restoring offenders to a useful life from the perspective of prisoners, their family, society, the tax-payer, prison staff and administration and victims, as well as from a criminological viewpoint. Notwithstanding these actual values of rehabilitation measures, their application alone may not be sufficient to prevent someone from reoffending. This particularly applies to high risk offenders, i.e. those who pose a substantial risk of further serious offending, such as sex offenders, terrorists, and members of organized criminal groups. This volume therefore also considers measures to deal with high risk offenders during and after their sentence, and the arguments for and against their use. La necessite d'empecher les detenus condamnes et autres delinquants de repasser a l'acte est le defi de taille que la justice criminelle et les systemes penitentiaires se doivent de relever. Les taux de recidive sont considerables (il n'est pas rare qu'ils soient meme eleves) et le probleme est extremement complexe. La rehabilitation (parfois decrite comme resocialisation, reinsertion ou encore traitement) est un outil important pour prevenir la recidive, bien qu'au cours des dernieres decennies, son importance se soit clairement amoindrie dans bon nombre de juridictions. Aussi, le present ouvrage se concentrera avant tout sur la valeur de la reintegration des delinquants dans une vie utile, tant du point de vue des detenus, de leur famille, de la societe, du contribuable, du personnel et de l'administration penitentiaires et des victimes, que d'un point de vue criminologique. Bien que la valeur des mesures de reinsertion soit bien reelle, leur seule application peut s'averer insuffisante pour prevenir la recidive. C'est particulierement vrai dans le cas des delinquants a haut risque, c'est-a-dire ceux qui presentent un risque important de nouveau delit grave, tels que les delinquants sexuels, les terroristes et les membres de groupes criminels organises. Cet ouvrage abordera des lors les mesures permettant de traiter les delinquants a haut risque durant l'execution de leur peine et au terme de celle-ci, ainsi que les arguments favorables et defavorables a leur utilisation.

Inspired by the vision of the future of humankind in outer space, an international team of technical experts, lawyers and political scientists examined topical issues of law and policy under the leadership of the editors - not only with respect to international space flight and space exploration, but also in view of the safe and sustainable use of space technology for the benefit of our planet. After all, our original habitat should not be sacrificed on our way to Moon and Mars! In this regard, Outer Space - Future for Humankind examines fundamental questions like the problem of space debris, the safe use of nuclear power sources in outer space, the protection of the ozone layer during space launches, the issue of light pollution and the protection of the marine environment during the guided re-entry of space craft into the High Seas. In addition to these problems of technical nature, questions relating to the peaceful, equitable and responsible use of outer space are explored also with regard to issues as space traffic management which must be solved by scientists, lawyers and politicians on an international scale, and supported by an again increasingly interested general public.

The optional matrimonial property regime of the community of accrued gains was created to address legal difficulties that may arise from marriages between persons of different nationalities or persons not living in their country of origin. It is the result of a treaty between France and Germany and entered into force in 2013. As it approaches cross-border conflicts using substantive legal rules, it has a unique character and is considered to be the first step towards the harmonisation of European family law. It is of interest beyond the borders of France and Germany because other Member States of the European Union can accede to the treaty. Further, the optional matrimonial property regime is open not only to marriages between French and German nationals but also to French or German couples living abroad or foreign couples living in France or Germany. To make the Franco-German treaty more accessible to the lawyer in Europe, this book contains the optional matrimonial property regime in five languages, namely German and French - the official languages - and English, Italian and Spanish. Each article of the optional matrimonial property regime is accompanied by a short commentary. Moreover, to provide the reader with additional background information, translations of the memoranda and explanatory reports are also included. With an introduction by Professor Maria Giovanna Cubeddu Wiedemann (University of Trieste) and Professor Dr. Dr. h.c. mult. Dieter Henrich (University of Regensburg) and translations by Professor Marella Magris (University of Trieste) and Professor Helena Lozano (University of Trieste).

McCulloch v. Maryland (1819) has long been recognized to be one of the most significant decisions ever handed down by the United States Supreme Court. Indeed, many scholars have argued it is the greatest opinion handed down by our greatest Chief Justice. Much of this praise is merited for it is brilliantly argued, far reaching in its implications, and unusually eloquent. While Marshall, dedicated to the vision of a powerful and growing nation, ultimately laid the foundation for the living constitution, the impact of the opinion in his own time was short-lived. Almost all treatments of the case consider it from the vantage point of Chief Marshall's decision in which he famously declared the act creating the Second Bank of the United States constitutional and Maryland's attempt to tax it unconstitutional. Yet a careful examination of the context in which the case emerged reveals other, even more important issues involved that Marshall chose to ignore: the private profit making nature of the Second Bank of the United States; the power of the Bank to create branches in the states without their consent, which many people viewed as a direct assault upon the sovereignty of the states; and the differences between a tax levied by a state for the purposes of raising revenue and one which was meant to destroy the operations of the branches of the Bank. Addressing these issues most likely would have undercut Marshall's extreme nationalist view of the constitution, and his unwillingness to adequately deal with them produced immediate, widespread, yet varied dissatisfaction among the States. These issues are particularly important as the Supreme Court was forced to rehear them in Osborn et. al. v. Bank of the United States (1824) and they also formed the basis for Andrew Jackson's famous veto for the re-chartering of the Bank in 1832. Not only the first in-depth examination of McCulloch v. Maryland, but also a new interpretation of this familiar and landmark decision, this sharply argued book provides much new information and fresh insight into a source of constant division in American politics, past and present.

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).

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.

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.

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.