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Post-conflict peacebuilding efforts can fail if they do not pay sufficient attention to natural resources. Natural resources - diamonds, oil, and minerals - are frequently at the heart of historic grievances, and have caused or funded at least eighteen conflicts since 1990. The same resources can play a central role in post-conflict peacebuilding, providing revenue for cash-starved governments, basic services for collapsed economies, and means for restoring livelihoods. To date, there is a striking gap in knowledge of what works, what does not, and how to improve peacebuilding through more effective and systematic management of natural resources. Post-Conflict Peacebuilding and Natural Resource Management addresses this gap by examining the growing literature on the topic and surveying experiences across more than forty post-conflict countries. The six-volume series includes more than 130 chapters from over 200 researchers, practitioners, and policymakers.
Election campaigns ought to be serious occasions in the life of a
democratic polity. For citizens of a democracy, an election is a
time to take stock-to reexamine our beliefs; to review our
understanding of our own interests; to ponder the place of those
interests in the larger social order; and to contemplate, and if
necessary to revise, our understanding of how our commitments are
best translated into governmental policy-or so we profess to
believe.
An introduction to Family Law in Zambia is an instrumental addition to the texts on Family Law in Zambia, it discusses key legislative reforms including the Children’s Code Act, the Anti-Gender Based Violence Act, the Matrimonial Causes Act of Zambia and the Marriage (Amendment) Act of Zambia. The book further discusses key Supreme Court decisions that have immensely transformed the field of family law. An introduction to Family Law in Zambia thus provides a comprehensive, up-to-date and reliable guide for students and law practitioners. The book is designed to equip undergraduate students and students preparing for the legal practitioner’s qualifying exam with necessary knowledge required for family law practice. The book incorporates chapter summaries and provides a guide on approaching questions on family law to reinforce student learning
This set of 7 volumes, originally published between 1984 and 1998, provides illuminating and practical information on Domestic Abuse. Aimed at both students and practitioners across a range of disciplines, the volumes explore topics including, provision of services for domestic abuse victims, the law, homelessness, advice for those coming into contact with violence and victims of abuse, public policy and the experience of domestic abuse victims themselves.
The most glamorous and even glorious moments in a legal system come
when a high court recognizes an abstract principle involving, for
example, human liberty or equality. Indeed, Americans, and not a
few non-Americans, have been greatly stirred--and divided--by the
opinions of the Supreme Court, especially in the area of race
relations, where the Court has tried to revolutionize American
society. But these stirring decisions are aberrations, says Cass R.
Sunstein, and perhaps thankfully so. In Legal Reasoning and
Political Conflict, Sunstein, one of America's best known
commentators on our legal system, offers a bold, new thesis about
how the law should work in America, arguing that the courts best
enable people to live together, despite their diversity, by
resolving particular cases without taking sides in broader, more
abstract conflicts.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 129, Detention Under International Law: The State of Emergency Exception and Evolving Topics, is the second in a three-volume arc that looks at detention under international law. In this volume, Professor Kristen Boon describes how international human rights instruments and courts at the regional and multinational levels have carved out a "state of emergency" exception to allow for detention in some circumstances. This volume frames and discusses two emerging topics in detention: the right of habeas corpus (the right to challenge one's detention), and the broadening intersection between international human rights law and international humanitarian law. Professor Boon illustrates her commentary by organizing treaties, reports by UN agencies and non-governmental organizations, judgments in regional international human rights courts, and through comments, adjudications, and reports from UN human rights treaty bodies.
Taking effective witness statements is a practical book on crime investigations with reference to the role of witness statements in such investigations. The book also delves into how a witness should be prepared before a statement is taken, actions by the interviewer and observations during statement taking. Body language and different methods to approach a witness are discussed as well as the goals of interviewing a witness for the purposes of obtaining an effective statement. Taking effective witness statements focuses on different forms of witness statements and deals with: Requirements for a good statement; Characteristics of a good statement; Practical layout and format of a statement; Language in which a statement is taken; Mistakes made by investigators when writing a statement; Professional aspects that investigators must satisfy to meet requirements.
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Menachem Mautner offers a compelling account of Israeli law as a site for the struggle over the shaping of Israeli culture. On the one hand, a secular, liberal group wishes to associate Israel with Western culture and to link Israeli law to Anglo-American liberalism. On the other hand, a religious group wishes to associate Israeli culture with traditional Jewish culture, and to found Israeli law on traditional Jewish law. The struggle between secular and religious Jews has been part of the life of the Jewish people in the past 300 years. It resurged in the 1970s with the rise of religious fundamentalism and the decline of the political and cultural hegemony of the Labor movement. The secular group reacted by shifting much of its political action to the Supreme Court which since the establishment of the state has been the state organ most identified with entrenching liberal values in the country's political culture. In a short span of time in the early 1980s the Court effected extensive changes in its jurisprudence, most strikingly adoption of sweeping judicial activism which is widely regarded as the most far-reaching in the world. The Court's activism provided the secular group with the means for intervening in decisions of the state branches over which the group had lost control. With Arabs being a fifth of the country's population, an additional divide in Israel is that between Jews and Arabs. Drawing on notions of multiculturalism, political liberalism and republicanism, Law and the Culture of Israel offers fresh insights as to how to manage Israel's divisive situation.
In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.
When asked to describe wartime atrocities, acts of terrorism, and serial killers, many of us reach for the word "evil." But what does it mean to say that an action or a person is evil? Some philosophers have claimed that there is no such thing as evil, and that thinking in terms of evil is simplistic and dangerous. In response to this sceptical challenge, Luke Russell shows that concept of evil has a legitimate place within contemporary secular moral thought. In this book he addresses questions concerning the nature of evil action, such as whether evil actions must be incomprehensible, whether evil actions can be banal, and whether there is a psychological hallmark that distinguishes evils from other wrongs. Russell also explores issues regarding the nature of evil persons, including whether every evil person is an evildoer, whether every evil person is irredeemable, and whether a person could be evil merely in virtue of having evil feelings. The concept of evil is extreme, and is easily misused. Nonetheless, Russell suggests that it has an important role to play when it comes to evaluating and explaining the worst kind of wrongdoing.
Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.
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.
John Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of ethical judgments, the identification of moral norms, human agency, and the freedom of the will, personal identity, the common good, the role and functions of law, the meaning of justice, and the relationship of morality and politics to religion and the life of faith. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and moral and political philosophy, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, euthanasia, sexual morality, and religious freedom have powerfully demonstrated the practical implications of his natural law theory. This volume, which gathers eminent moral, legal, and political philosophers, and theologians to engage with John Finnis' work, offers the first sustained, critical study of Finnis' contribution across the range of disciplines in which rational and morally upright choosing is a central concern. It includes a substantial response from Finnis himself, in which he comments on each of their 27 essays and defends and develops his ideas and arguments.
This book examines the way international court judges are chosen.
Focusing principally on the judicial selection procedures of the
International Court of Justice and International Criminal Court, it
provides the first detailed examination of how the selection
process works in practice at national and international levels:
what factors determine whether a state will nominate a candidate?
How is a candidate identified? What factors influence success or
failure? What are the respective roles of merit, politics, and
other considerations in the nomination and election process?
Private persons often stand surety for a business debt incurred by
family members, friends, or employers. These suretyships are
commonly banking guarantees contracted by means of standard terms.
Sometimes the guarantor signs the contract while he/she is not
aware of the financial risk related to the guarantee. He or she may
not even know what a suretyship is. But in other circumstances the
guarantor may be well aware of the risk, but may nonetheless assume
it because of strong emotional ties which exist between him/her and
the main debtor. How, then, (if at all) does the law address the
potential for 'unfairness' in such situations?
Should marijuana be legalized? Since 2012 four US states have legalized commercial for-profit marijuana production and use, while Washington DC has legalized possession, growth and gifting of limited amounts of the plant. Other states, and even cities, have decriminalized possession, allowed for medical use, or reduced possession to a misdemeanor. While marijuana is forbidden by international treaties and by national and local laws across the globe, polls show that public support for legalization has continued to increase steadily over time. So why does the issue of marijuana legalization continue to be so controversial? One short answer is that it is an extremely complicated business, with approaches toward legalization just within the United States varying widely. What's more, not all supporters of "legalization " agree on what it is they want to legalize: Just using marijuana? Growing it? Selling it? Advertising it? If sales are to be legal, what regulations and taxes should apply? Different forms of legalization have demonstrated very different results. This second edition of Marijuana Legalization: What Everyone Needs to Know (R) provides readers with a non-partisan primer covering everything from the risks and benefits of using marijuana to what is happening with marijuana policy in the United States and abroad. The authors discuss the costs and benefits of legalization at the state and national levels and explore the "middle ground " of policy options between prohibition and commercialized production. The book also considers the personal impact of marijuana legalization on parents, heavy users, medical users, employers, and even drug traffickers.
Hans van Loon has been at the forefront of private international law for well over a quarter of a century. Since joining the Hague Conference on Private International Law in 1978, he has presided over remarkable growth of the Organisation and significant changes to how it operates. He has been involved in the development of nine Hague Conventions, two of which are fast approaching 100 Contracting States, as well as the revision of the Statute of the Hague Conference. In his time as Secretary General, he has seen the Organisation's membership grow from 44 to 72 Members (with more than 60 non-Member States now party to at least one Hague Convention), which has turned the Hague Conference into a veritable world organisation. The continued relevance of the Hague Conference in the 21st century owes much to the commitment of Hans van Loon to private international law and his awareness of its role in a broader social context. This Liber Amicorum is a collection of contributions from friends and colleagues who have shared the negotiating table with Hans van Loon at various diplomatic sessions, collaborated with him on seminars and academic pursuits around the globe, and worked alongside him at the Permanent Bureau. Its pages are testament to a long and respected career, as well as to the meaningful relationships that Hans van Loon has developed along the way with academics, judges, practitioners and government officials from various legal backgrounds.
The intangible cultural heritage (ICH) of the world's communities is an inheritance that has been passed down through many generations. Its survival, however, is increasingly threatened by the realities of post-modern society, such as rapid urbanization, large-scale migration, severe environmental change, and globalization. In 2003, the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage recognized the importance of ICH, both as a mainspring of cultural diversity and a source of sustainable development. Early efforts to implement the Convention are bringing to light issues that are crucial to the survival of ICH. Many of these involve its interaction with intellectual property law. To clarify the relationship between these two fields, this present volume gathers the views of scholars and practitioners with diverse expertise and national backgrounds. They examine four main issues: the construction and operation of ICH inventories; the conceptualization of the "community" as a holder of ICH; how to obtain the community's prior informed consent; and the pros and cons of various regulatory regimes. With the book's variety of contributions, the common thread is the belief that regulatory regimes must be designed so that ICH will not only be safeguarded in archives and museums, but also in its living form.
This work on the law of pension trusts comprehensively fills a gap in the provision of good commentary on pensions law, both from a practical and scholarly perspective. Responding to a paucity of up-to-date publications in this area, David Pollard provides the most detailed treatment available of trust law as it relates to occupational pension schemes. The book provides answers to difficult problems in pensions law often not covered by statute, including trustees' obligations to employers, how spouses and dependents rank as beneficiaries and implied duties owed by employers. Pollard deals with the issues of most concern to practitioners in pensions law, including trustees' investment and amendment powers, and trustee investment duties. This practical guidance is supported and enhanced by incisive academic analysis. Written by a leading pensions practitioner, this book is a must have for all practitioners and scholars in the field.
Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.
Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing (in Part One) on trends in foreign direct investment (FDI), international investment agreements, and investment disputes, with a special look at developments in the oil and gas sector. Part Two, then, looks at central issues in the contemporary discussions on international investment law and policy. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.
Learn the history behind the phrase We the people . This nonfiction book analyzes the Preamble to the U.S. Constitution in an exciting and informative way. The book includes a glossary, a short fiction piece related to the topic, and a bonus activity. With this book that s perfect for young readers, students can see how the powerful words of the Preamble are reflected in American government. This 32-page full-color book describes the creation of the U.S. Constitution and the Preamble. It also explores important topics like justice and liberty and includes an extension activity for grade 3. Perfect for the classroom, at-home learning, or homeschool to explore the Constitution, structure of government, and United States history.
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.
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. |
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