This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators, lawyers, and students. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law and practice of arbitration. This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA, ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US). Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.

With only 54 years of existence, the Constitution of the State of Alaska is in its developmental infancy compared to the constitutional history of the rest of the United States. However, having had the benefit of over 300 years, the Alaskan Constitution is a pioneer and model in--among other things--simplicity, coherence, vision and accessibility.
The Alaska State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Alaska's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of Alaska'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 StateConstitutions 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.

The Supreme Court of Namibia: Law, Procedure and Practice, written by the Deputy Chief Justice of the Supreme Court of Namibia and author of Namibia's first ever civil procedure title, covers all aspects of Namibia's apex court's procedure and practice. The Supreme Court of Namibia: Law, Procedure and Practice covers both the criminal and civil practice of Namibia's Supreme Court. The book is systematically organised, covering the background to the legal system, general principles related to civil and criminal practice and procedure, prosecution of an appeal, duties of parties to litigation, challenges experienced by courts during litigation as well as the granting of costs as a post-hearing order. The author provides practical examples of how the court's appellate, review and first instance jurisdictions are exercised.

Goyder's EC Competition Law is firmly established as a classic text on this area of law. The emergence of competition law has been one of the most important features of the EC and has had a significant impact on many aspects of UK business and economic life. This book provides a full account of its development since the inception of the EC in 1957.
Competition law is a complex and often highly technical subject which the authors have unlocked by exploring its historical origins and early developments before illustrating the main areas of substantive law. Covering all of the major areas studied on undergraduate and postgraduate courses, the book contains not only a full account of the substantive law and its social, political and economic context, but also a penetrating assessment of its practical effectiveness and likely future development.
Topics covered in this new, revised, fifth edition, include:
- the Modernization of the Enforcement of the EC Competition rules
- the new Block Exemption Regulations on Motor Vehicle and Distribution, and Technology Transfer Agreements
- the Commission review of Article 82 EC
- the new Merger Regulation
- recent developments in international aspects of EC competition law

In The Utah State Constitution, Jean Bickmore White offers a comprehensive review of the unique historical background and the 100-year development of the Utah State Constitution. First drafted in 1896, at the beginning of Utah's statehood, the original constitution survived until the early 1970s with little change. Since that time there has been a wave of constitutional reform that has produced change in virtually every article. This reference guide shows these changes section-by-section and explores their purpose and meaning. This book will be of interest to readers seeking information about the law, politics, and history of Utah.
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.

The New Jersey State Constitution is a completely revised new edition that provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of New Jersey's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of New Jersey's constitution.
State constitutions perform different functions and contain different provisions from the more-familiar U.S. Constitution. The book first outlines the historical development of New Jersey's state constitution from 1776 to the present and explains the highlights of the process of state constitutional development, leading to the current New Jersey constitution. Next, each section of the current constitution is analyzed, including its origins, general intent and purpose, and important judicial interpretations illustrating the types of situations in which the section can come into play, including references to key academic analysis of each section. Careful explanation is provided, with illustrations from cases, of the complex and evolving relationship between rights guaranteed by the U.S. Constitution and rights guaranteed by the New Jersey constitution. In many instances, New Jersey's rights can be more protective than those included in the Federal Constitution. Finally, the book provides a thorough bibliographical essay reviewing the evolution of the New Jersey constitution.
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.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Presenting a concise, yet wide-ranging and contemporary overview of the field, this Advanced Introduction to Privacy Law focuses on how we arrived at our privacy laws, and how the law can deal with new and emerging challenges from digital technologies, social networks and public health crises. This illuminating and interdisciplinary book demonstrates how the history of privacy law has been one of constant adaptation to emerging challenges, illustrating the primacy of the right to privacy amidst a changing social and cultural landscape. Key features include: Incisive analysis of the meaning and value of privacy and the ways in which legal, social and economic institutions respond to our understanding of privacy in contemporary society A uniquely concise, contextual approach to privacy law, examining privacy as a constantly evolving social phenomenon and the legal implications of its mutability Historical and comparative insights into privacy and data protection laws across the common law world. This richly detailed book is an informative and thought-provoking resource for students, academics and practitioners of privacy and data protection law. Its interdisciplinary insights will also appeal to those working in legal history, media and cultural studies, economics and political science.

Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Providing a comprehensive overview of the body of law that regulates the insurance business, this Advanced Introduction evaluates the governing principles, policies, values, and purposes of insurance legislation and related judicial doctrines. It examines the ways in which the industry's origins help us understand its present shape, and how insurance connects to major public policy issues that will shape the world for future generations. Key Features: Introduces the fundamental rules and principles of insurance law Explores how these rules and principles intersect with important issues of public policy Discusses how insurance law shapes public choices in the modern world Examines the interactions between insurers and the people who purchase their products Proposes avenues for further research relating to fortuity, indemnity, misrepresentation and breach of warranty, settlement obligations, and risk classification Providing an enlightening overview of insurance law in context, this Advanced Introduction will be crucial reading for students, scholars, and practitioners in business law, insurance law, and risk management.

The Ethics of Sport explores moral issues that arise in sports, especially competitive athletics, in a manner that is accessible not only to sports fans or participants but also to those critical of sports or simply interested in an introduction to the kind of moral issues raised by the practice of athletics. The issues considered range from the more abstract, such as the importance that should be assigned to winning in sports, to specific controversies such as arguments over the use of performance enhancing drugs, the nature of gender equity, and the evaluation of violence in competition. The book explores different sides of these issues and suggests reasonable resolutions to the kinds of ethical questions prevalent in the practice of sports.

Stress is an inevitable part of being lawyer and it can even be a positive force - it can help you push through long hours or meet tough targets. However, when stress becomes excessive, it can be damaging to individuals and to firms, leading to mental and physical sickness, lack of morale or a desire to take on additional responsibility, and worse. The problem is widespread. According to a Law Society survey, 95% of lawyers have some negative stress in their jobs, and 17% say that this is extreme. Lawyers feel overloaded with work, unappreciated, isolated, and unsupported; many complain of unattainable targets, poor pay, and long hours. And while many firms say they have programmes in place that are geared towards improving the wellbeing of staff, 66% of lawyers say they would be concerned about reporting feelings of stress to their employer because of the stigma involved. Nobody wishes to be seen as a weak link in the chain of a professional practice. A solution won't be found overnight. This book is designed to encourage lawyers and firms to think more about the question of stress, how to recognise it in others and themselves, and how to take action before it becomes excessive. It is written for lawyers everywhere - regardless of location or career level. Key topics include: What is stress - how does it affect us? How can you prepare for inevitable stress and be better fitted to cope? How can you recognise the signs of stress in yourself and others? What are the particular characteristics of lawyers that make them more susceptible to negative stress? Mindfulness, mind-mindedness, and emotional intelligence (EI) - what they are and how they can help you to cope with stressful situations. Vicarious trauma - how you can be aware of and manage unavoidable emotional reactions to and/or involvement with clients' emotions. Looking after ourselves and our teams - what can (and can't) we do to make things better? The advice is informed by the author's practical experience as a lawyer and psychotherapist, and it is underpinned by recent statistical and research evidence, and illustrated by the personal experiences of lawyers whose stories have been anonymised, deconstructed, and re-arranged for confidentiality. The book also includes tips, exercises, and frameworks to think about in order to help you to tackle stress and promote mental wellbeing.

Public procurement law governs the acquisition of the goods and services that a state needs to fulfil its public functions. This area of law has seen tremendous development globally in recent years, and Africa is no exception. In many African countries there have been sweeping reforms in the regulatory regimes that govern public procurement. This trend shows no signs of slowing down. On the African continent, public procurement law is closely tied to pressing policy issues: from development plans to donor aid and international lending, to anti-corruption agendas and capacity challenges, to public finance management, enforceable remedies under the rule of law, and human rights. This book investigates a number of these themes to foster an understanding of public procurement law in the context of contemporary Africa. The authors of this collection, Public Procurement Regulation for 21st Century Africa, draw on their varied experience from scholarship, government, international bodies, NGOs and private practice to provide a range of perspectives that shed light on this vital field of law.

Target exam success with My Revision Notes. Our updated approach to revision will help students learn, practise and apply their skills and understanding. Coverage of key content is combined with practical study tips and effective revision strategies to create a revision guide students can rely on to build both knowledge and confidence. - Plan and manage a successful revision programme using the topic-by-topic planner - Enjoy an interactive approach to revision, with clear topic summaries that consolidate knowledge and related activities that put the content into context - Build, practise and enhance exam skills by progressing through revision tasks and Test Yourself activities - Improve exam technique through examstyle questions and sample answers with commentary from expert authors and teachers - Get exam ready with extra quick quizzes and answers to the activities available online

This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre. The book uses extracts from a judiciously selected range of legal instruments and case law relevant to the protection and regulation of the environment in international law, alongside commentary from the author team and questions for class discussion, to facilitate student understanding and encourage engagement in the topic. Divided into four main parts, it examines the main principles of international environmental law, the key areas of substantive environmental regulation, the implementation of environmental law and the relations between environmental law and other areas of international law. Key Features: Provides concise introductions to each topic of environmental law Discussion questions and further reading sections guide students in applying their understanding Familiarises students with the key legal materials, treaties and case law relating to international environmental law Covers a wide variety of topics, including sustainable development, protection of the marine environment, atmospheric protection and responsibility and liability for environmental damage By introducing and highlighting the most important instruments and cases of international environmental law, this textbook seeks to provide environmental law students and non-specialists with a rich and full understanding of the topic.

Church-of-Englandism and its Catechism Examined, printed in 1817 and published in 1818, was part of Bentham's sustained attack on English political, legal, and ecclesiastical establishments. Bentham argues that the purpose of the Church's system of education, in particular the schools sponsored by the Church-dominated National Society for the Education of the Poor, was to instil habits of insincerity into the population at large, and thereby protect the abuses which were profitable both to the clergy and the ruling classes in general. Bentham recommends the 'euthanasia' of the Church, and argues that government sponsored proposals were in fact intended to propagate the system of abuse rather than reform it. An appendix based on original manuscripts, which deals with the relationship between Church and state, is published here for the first time. This authoritative version of the text is accompanied by an editorial introduction, comprehensive annotation, collations of several extracts published during Bentham's lifetime, and subject and name indexes.

The new constitutional order has brought about substantial changes to the application of property remedies in South African law. Property Remedies investigates the ways in which various property remedies have been developed by the courts. The book shows that the transformation of remedial possibilities needs to be informed by different contexts. The book argues that it is important to consider this jurisprudential challenge in developing property remedies that are suited to a new constitutional order based on a single system of law. Property Remedies covers the traditional common-law remedies used to protect property interests, such as the rei vindicatio, the actio negatoria, the mandament van spolie, the possessory action, the actio legis aquiliae, compensation for improvements, the prohibitory interdict and the declaratory order. The book also discusses constitutionally inspired property remedies such as compensation for expropriation, constitutional damages and non-expropriatory compensation for lawful state action. The book offers guidance on how to deal with the tension between preserving the existing common-law remedies, accommodating new statutory interventions and developing the current system of property remedies in line with the Constitution.

This book of friends (liber amicorum) is a tribute to Professor JC Sonnekus by colleagues and friends from Europe and South Africa to celebrate his more than 40 years in the academy and his contribution to law and its development. Authors from Belgium, the Netherlands, Germany and South Africa make contributions on the multitude of subjects and areas of jurisdiction to which professor Sonnekus contributed over the years. Subjects that are discussed, are divided under a general heading, the recognition and enforcement of judgments, prescription, uncertainty regarding common law rules and how the courts sometimes act in a law-making capacity, conditional cession and `who has the King's voice' - looking back at the convictions of the people and the legal convictions in the nineteenth century and how it could still lead to new insights. The law of delict leads to contributions on accountability of children, the law concerning liability in general and liability for an omission. The law of succession contains contributions on wills and trustees; the section on estoppel and enrichment touches on aspects of estoppel and the Turquand rule, as well as Ponzi schemes and pyramid schemes. International developments are discussed in the section on the law of marriage and family law with contributions on marriage contracts and the consequences of divorce under German law, general matrimonial property law in Europe and the influence of the Belgian constitutional court on family law. Insolvency law includes business rescue and the actio Pauliana and the law of contract contains a potpourri of contributions on the interpretation of contracts, perpetual contracts, evictions and independent warranties. The law of things (property) section contains contributions on property law and habitatio, credit security law, fragmented property, syndicated loans, servitudes and digital assets. This collection of essays concludes with two contributions on insurance law relating to self-steering and distance-steered vehicles and the sources of insurance law.

This book discuss some fundamental changes in South African legal education. One of these changes is the introduction at first year level of a course in the basics of the law and the development of legal skills. At several universities, Roman law will be taught to students at first year level. Roman law is both foundation and basic superstructure of South African private law. This new work promotes a proper understanding of Roman legal development and is an essential study guide for students of Roman law.

Broker-Dealer Compliance is a concise yet comprehensive guide that reviews the state of broker-dealer compliance, both from general and practical perspectives. While the book has a practical focus, it also makes use of legal scholarship and behavioral and organizational literature on compliance that have grown exponentially in recent years. James Fanto discusses the main, well-established elements and practices in a broker-dealer compliance program and illustrates them with case studies and practical examples drawn from real-life situations to demonstrate the goals of a particular program element and problems in its implementation. Moreover, each chapter highlights the pressures on compliance officers and the trends that collectively may transform compliance practice in a particular area. Professionals in broker-dealer and investment firm compliance practice will find this book a readable introduction to the field. Experienced practitioners can refresh their knowledge and even learn something new about brokerage compliance program elements and practices.

THE SUNDAY TIMES BESTSELLER Angry, opinionated, mouthy, aggressive, hysterical, mad, disordered, crazy, psycho, delusional, borderline, hormonal . . . Women have long been pathologized, locked up and medicated for not conforming to whichever norms or stereotypes are expected of them in that time and space. Sexy But Psycho is a challenging and uncomfortable book which seeks to explore the way professionals and society at large pathologize and sexualise women and girls. Utilising decades of research, real case studies and new data from her own work, Dr Taylor's book will critically analyse the way we label women with personality disorders. Why are women and girls pathologized for being angry about oppression and abuse? How have so many women been duped into believing that they are mentally ill, for having normal and natural reactions to their experiences? Sexy But Psycho argues that there is a specific purpose to convincing women and girls that they are mentally ill, as the world avoids addressing violence against women and their centuries of ignored trauma.

This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory and opens new avenues in discussing how to correct incomplete IIAs. Throughout the book, the author challenges the fundamental assumption that most IIAs are concluded in a complete manner and emphasizes the importance of accounting for the fact that IIAs are often concluded without significant investment protection articles and are subject to renegotiation. Park applies various interdisciplinary approaches, including incomplete contract theory and development theory, to illustrate how countries easily postpone their treaty negotiations and are willing to renegotiate to remedy incomplete IIAs. Furthermore, he depicts the reality of treaty negotiation in recent years, helping readers to understand how countries are failing to negotiate complete IIAs and how utilizing an economics approach could analyse and resolve this issue. Offering a useful and practical contribution to the discussion on the resolution of incomplete IIAs, this book will be key reading for academics and researchers within the fields of commercial law, international economic law, trade law and international investment law. It is also a must-read book for both government officers and investment treaty lawyers in all countries involved with Free Trade Agreements.

Professor Dickson has used the conference notes of Justices Brennan, Burton, Clark, Douglas, and to a lesser degree Frankfurter and Jackson to compile a list of conference notes for more than two hundred landmark cases from 1945- 1985. He has transcribed and heavily annotated notes to make them more accessible and meaningful to readers. The project draws out some of the patterns, tendencies, and personalities of the conference and answers some of the questions long asked about the Court: Do the Justices bargain with each other for votes? How do Chief Justices manipulate the conference and control opinion assignments? Do Justices come into the conference with their minds already made up? Who takes a leadership role in conference and with which cases? Who are the crucial swing votes?

With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements.
Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choiceof Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country's courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country's law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? The Advanced Introduction to Private International Law addresses these questions in a concise overview of the field. Key features include: Comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union Written in a clear and engaging style Addresses classic choice of law as well as international civil procedure Problem-oriented presentation Three parts presenting principal problems parties face in dealing with cases with an international dimension Considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to master the core principles behind private international law quickly.