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This text provides students with a variety of case materials on different aspects of administartive law. Each chapter begins with a short summary of the law and the legal issues raised in the chapter, followed by extracts from case law. As far as possible, the latest case law is used.
Water is an essential resource for mankind, yet many countries around the world are currently facing mounting freshwater management challenges, with climate change and new regional imbalances threatening to aggravate this situation further. This timely book offers a unique interdisciplinary inquiry into the issues and challenges water regulation will face in the coming years. The book brings together economists, political scientists, geographers, and legal scholars to offer a number of proposals for the future of water regulation. The contributions in this book are grouped around specific themes. In the Part I, the contributions address the challenges which water poses to public international law. In Part II, the authors explore the most pressing ethical, legal, and social issues. Finally, the discussion in Part III covers the economic drivers shaping the future of water. This discerning book covers all of the primary actors in the water world, including governments, companies, international organizations, and citizens. With an original introduction by the editor and bringing a diverse collection of perspectives into a single collection, the book will be an essential resource for scholars and practitioners in legal and policy fields such as trade and investment, human rights and the environment, as well as in international relations.
Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make your answers stand out. See how an expert crafts answers to up to 50 questions on Land Law. Discover how and why different elements of the answer relate to the question in accompanying Guidance. Plan answers quickly and effectively using Answer plans and Diagram plans. Gain higher marks with tips for advanced thinking in Make your answer stand out. Avoid common pitfalls with Don't be tempted to. Compare your responses using the Try it yourself answer guidance on the companion website. Practice answering questions and discover additional resources to support you in preparing for exams on the Companion website.
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. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general. Key features include: * succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike * written in a clear and engaging style * ample attention to the policy choices behind the rules * examples from a wide range of jurisdictions across Europe, the UK and the US * places private law in its larger economic and societal context * addresses the potential and limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations * 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 quickly master the core principles behind private law.
Rogue States is a collection of essays written by Chomsky in the late 1990s, all of which subvert the United States foreign policy discourse and the notion of the "rogue state", turning the focus of criticism inwards and demonstrating how Western powers fail to uphold their own standards of conduct. Among the topics considered are the Balkans Crisis, the embargo against Cuba, and US intervention in Latin America, all of which provide important lessons for today from one of our most eminent and insightful teachers.
In 2003 the National Health Act (NHA) was passed by Parliament to give effect to the right of everyone to have access to health care services. This right is guaranteed by section 27 of the Constitution of the Republic of South Africa, 1996, which places express obligations on the state to progressivly realise rights of access to health care services within in its available resources.
This book provides the latest information on laws, policies and court judgements that affect the right to health services and will be useful to users of health care services, health care providers, students, lawyers and others. It aims to make the NHA more accesible to people who use health care services and to empower them to demand the full implementation of their rights under the NHA and the Constitution.
Healthcare delivery in the 21st century has become increasingly
complex and demanding . Clinical consultations frequently raise
scientific, ethical and legal challenges. While scientific issues
may be resolved using an evidence-based medicine (EBM) approach,
ethical theory is needed to justify decision making in the face of
ethical conflict. Medical ethics, law and human rights: a South
African perspective provides the conceptual background and analytic
skills necessary to assist with the resolution of ethical dilemmas
encountered in the South African healthcare environment.
Met die uitbreek van die Anglo-Boereoorlog in 1899 vertrek MJ de Jager as luitenant van die Staatsartillerie van die ZAR na die Natalse front. Hy onderskei homself tydens die veldslae by Modderspruit, Colenso, Ladysmith en Platrand. Na die slag van Donkerhoek op 11 Junie 1900 neem hy vir anderhalfjaar deel aan die guerillafase van die Anglo-Boereoorlog. Op 26 Januarie 1902 word hy in die distrik Ermelo gevange geneem en na St. Helena verban. Hy sit sy militêre loopbaan in die Transvaalse Polisie en die Unie-verdedigingsmag voort. Na die Suidwes-veldtog word hy hoof van die Unie-besettingsmag in die destydse Suidwes-Afrika en vestig hom op ’n plaas naby Windhoek. Hy word uiteindelik tot generaal bevorder, maar sy roemryke loopbaan word deur sy skielike dood in 1939 kortgeknip. De Jager se oorspronklike “Gedenkboek” het ook ’n veelbewoë geskiedenis en word nou vir die eerste keer gepubliseer nadat dit naelskraaps aan die aanslae van vuur en rysmiere ontkom het en daarná vir 60 jaar jaloers deur sy familie bewaar is.
The quality and the strength of an environmental legal system is a reflection of the conceptual foundations upon which it is constructed. The Research Handbook on Fundamental Concepts of Environmental Law illuminates key aspects of environmental governance through the lens of their underlying dimensions: for example, the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation. The topical chapters in this timely Handbook include analyses of human rights, constitutional rights, property rights, sustainable development, environmental impact assessment and precaution. Perceptive contributions examine the emerging roles played by various concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. The concepts examined go to the heart of environmental law: the capacity of a system of environmental governance to be judicially recognized and enforced. This insightful Handbook will be a valuable resource for all students and researchers in environmental law and governance. It will be essential reading for policymakers, legal drafters and anyone needing to understand the foundations of the modern environmental legal system.
One of the major shortcomings of the current drug discovery and development process is the inability to bridge the gap between early stage discoveries and pre-clinical research in order to advance innovations beyond the discovery phase. This book examines a drug discovery and development model, where the respective expertise of academia and industry are brought together to take promising discoveries through to proof of concept, providing a means to de-risk the drug discovery and development process. Expert author Helen Yu explores integrated drug discovery by analyzing the intersection of intellectual property law and competition law and discusses the role of stakeholders in the efficient translation and commercialization of publically funded research. Considering the transactional risks associated with drug discovery and development, this book advocates for a greater emphasis on contractual freedom and economic efficiency when assessing collaborative partnerships between industry and public research organizations. This standout book bridges the gap between theoretical research and legal practice by providing a research-based applied perspective on university-industry collaborations in drug discovery and development. Achieving Proof of Concept in Drug Discovery and Development has an international appeal, especially in countries actively involved in drug discovery and development. Organizations and associations will also benefit from a research-based applied perspective that advocates for a more nuanced application of the law to the pharmaceutical industry.
Whilst many of us would agree that human rights are more important than corporate profits, the reality is often different; such realities as child labour and environmental destruction caused by corporate activities make this patently clear. Recognising that balancing human rights and business interests can be problematic, Corporate Accountability considers the limits of existing complaint mechanisms and examines non-judicial alternatives for conflict resolution. The innovative approach herein compiles both long-standing international expertise and findings based on 25 key interviews from experts and victims. In contrast to the current literature, which tends to provide details on the functioning of the mechanisms, this book delves further to examine the strengths and weaknesses of each mechanism and provides criteria of excellence for non-judicial grievance mechanisms. In doing so, it provides a reality-check for corporate accountability worldwide. Novel and thought provoking, Corporate Accountability will be a captivating read for academics as well as companies interested in human rights and corporate social responsibility. It will also prove of interest to related state institutions such as development agencies and other relevant ministries such as chambers of commerce, trade unions, NGOs and civil society organisations.
The Fundamental Principles of Effective Trial Advocacy guides the trial lawyer in developing a winning theory and using it throughout every phase of the trial. The text focuses in depth on each phase of the trial from opening statement to examination-in-chief, cross-examination and final argument.
The book also examines the characteristics of effective trial lawyers, the rhetorical techniques that enhance the persuasive force of advocacy and the basic principles of formulating effective questions.
Practical and engaging examples distil the fundamental principles and strategies that lead to success in the courtroom.
The labour law applicable to the education environment is comprehensive and covers a vast variety of aspects that everyone within that environment will encounter at one time or another. In the past, most employees in education may have had a vague understanding of particular laws and regulations regarding conditions of employment, but now it is essential to have a basic understanding of all relevant laws and regulations that apply. Teachers, especially, could find themselves in a proverbial minefield if they do not ensure that they have a working knowledge of education law. This is evidenced by the numerous lawsuits, disputes, mediations, disciplinary hearings and often unpleasant implications for individuals (and their families) that arise from charges against offenders in all sectors of education. Legislative changes resulting from altered circumstances in education, have led to the need to be constantly aware of the implications and applications of such changes. This urgent need applies not only to principals, but to everyone involved in education. On the one hand the responsibility for correct application and implementation of education legislation lies with the governing body and the head of an institution, but on the other hand it affects the people who work there. The authors of this book have a keen understanding of this vital need, and address it most effectively from their own invaluable experience that stems from practical involvement and thorough research in the field of education.
With aquaculture operations fast expanding around the world, the adequacy of aquaculture-related laws and policies has become a hot topic. This much-needed book provides a comprehensive guide to the complex regulatory seascape. Split into three distinct parts, the expert contributors first review the international legal dimensions, including chapters on the law of the sea, trade, and access and benefit sharing for aquatic genetic resources. Part Two discusses how the EU and regional bodies, such as the North Atlantic Salmon Conservation Organization (NASCO), have addressed aquaculture development and management whilst the final part contains twelve national case studies exploring how leading aquaculture producing countries have been putting sustainability principles into practice. These case studies focus on implementation approaches and challenges, in particular emphasizing ongoing national struggles in attaining effective aquaculture zoning and marine spatial planning. Students and scholars of environmental law and politics will find this contemporary volume an invaluable addition to the limited academic literature critiquing aquaculture law and policy. Policy makers, international bodies and NGOs will also find its insights particularly informative when ensuring sustainable aquaculture regulation and development.
In China the process of criminal reconciliation allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies, which include case file examination and interviews with judges, prosecutors, lawyers and individual parties in three cities in mainland China, this important book provides a comprehensive description and in-depth analysis of the operation. Criminal reconciliation has been a key feature in the reform of China's judicial system and as part of her analysis of it Jue Jiang relates flaws in the criminal reconciliation programme to wider problems in the Chinese criminal justice system. Students and scholars of law and related subjects, especially those focussing on Asian studies, will find this book to be of interest. It will also be of use to associations and organisations working on restorative justice, mediation and reconciliation.
A concise student treatise on antitrust that includes the basics of the microeconomic foundations on which modern antitrust doctrine is built. Many students stumble trying to disentangle economic theory from doctrine, and this treatise expertly blends the two, clearly and concisely defining the terms and b
For the first time, a blistering, highly-charged account from the man known as `Marine A' who was at the centre of the controversial murder of a wounded Taliban fighter. His case led to an unprecedented wave of public support which raised over GBP800,000 to fund his appeal. The nerve-shredding situations Sgt Blackman operated within, under sustained attack for long periods, living in the unrelenting horror of a theatre of war, took their toll mentally and physically. "This book chronicles my young life, my recruitment and training, my first deployments, and then my experiences in the Middle East, where I fought first in Iraq, and later completed two tours of duty in Helmand, Afghanistan - before finally confronting the final moment of my 2011 tour, and the killing of the Afghan insurgent which led to my conviction for murder. "I confront this moment in a spirit of total honesty, chronicling the weeks and months of a hellish tour that led up to it, the mental frailties the tour exposed - and, without seeking to make excuses, reclaim at least some of that experience for myself. "This is a searingly honest look at the brutal realities of life in the military." - Sgt. Alexander Blackman (Marine A)
This accessible and innovative textbook adopts a practical, transactions-centered approach to contract law by using contract clauses to explain doctrinal concepts. While reading this book, students will gain a working knowledge of important contract provisions and learn how to use contracts to prevent problems, reduce risks and add value to transactions. This textbook contains unique features including reflection prompts, case highlights and `applying what you learned' exercises to reinforce learning and help students gain essential transactional skills. Law professor and contracts expert Nancy Kim focuses on litigation prevention with a problem-solving approach. She offers helpful tips to avoid potential pitfalls in drafting contracts and provides explanations for common contract clauses and their meanings. Access to a digital teacher's manual is available upon adoption of the book. The Fundamentals of Contract Law and Clauses will be an invaluable resource for both law and business students, specifically in contracts, commercial law, business law and other transactions-oriented classes.
The ideal companion for anyone studying company law, Smith & Keenan's Company Law provides you with: Straightforward, accessible coverage of the key legal principles you'll need to understand for your module written by experienced lecturers in the field; A range of features to support your learning and help you study independently, including detailed case summaries and discussion of academic opinion in the area; Extensive further reading suggestions to a wide range of academic articles to encourage deeper understanding and analysis. This eighteenth edition also includes: A new chapter on partnerships and limited liability partnerships (LLPs) An extended chapter on the corporate veil, including Petrodel Resources Ltd v Prest  and academic discussion of lifting and piercing the veil of incorporation Discussion of key developments brought about by the Small Business, Enterprise and Employment Act (SBEEA) 2015, including maintenance of a register of people with significant control (PSC); greater restrictions on corporate directors; and the submission of statements of confirmation An updated chapter on the statutory derivative action exploring the evolving case law such as Wilton UK Ltd v Shuttleworth .
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