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It has often been said that information is power. This is more true in the information age than ever. The book profiles the tools used by criminal law to protect confidential information. It deals with the essence of information, the varieties of confidential information, and the basic models for its protection within the context of the Internet and social networks. Eli Lederman examines the key prohibitions against collecting protected information, and against using, disclosing, and disseminating it without authorization. The investigation cuts across a broad subject matter to discuss and analyze key topics such as trespassing and peeping, the human body as a source of information, computer trespassing, tracking and collecting personal information in the public space, surveillance, privileged communications, espionage and state secrets, trade secrets, personal information held by others, and profiling and sexting. Infocrime will appeal to graduate and undergraduate scholars and academics in the legal arena, in law schools and schools of communication, and to practicing lawyers with an interest in legal theory and a concern for the protection of the personal realm in a world of increasingly invasive technologies.
The shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships. Arguing that the idea of vulnerability has been under-theorised in the labour law literature, Lisa Rodgers illustrates how this extends to the design of regulation for precarious work. The book's logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work. These threads are astutely drawn together to show the need for a shift in focus towards workers as `vulnerable subjects' in all their complexity in order to better inform labour law policy and practice more generally. Constructively critical, Labour Law, Vulnerability and the Regulation of Precarious Work will prove invaluable to students and scholars of labour and employment law at local, EU and international levels. With its challenge to orthodox thinking and proposals for the improvement of the regulation of labour law, labour law institutions will also find this book of great interest and value.
Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book's reputation for comprehensive coverage and attention to detail, Peter Stone provides an authoritative and accessible introduction to the subject. The book provides full analysis of the revised version of the Brussels I Regulation (in the form of Regulation 1215/2012), and gives attention to the proposed regulation on matrimonial property and the proposed revision of the regulation on insolvency proceedings. It considers issues relating to the harmonization of conflict of laws at the European Union level, and offers a critical assessment of developments across the main areas of concern. With the considerable advancement in this area of law since the first and second editions, academics, students and practitioners interested in international litigation in matters governed by private law will find the up-to-date coverage offered by this new edition of EU legislative measures in the sphere of private international law to be essential reading.
As a `Specialized Agency' of the UN, the World Intellectual Property Organization aims to be the premier global forum for intellectual property services, policy, information and cooperation. Whilst many individuals, firms, institutions and governments know and use WIPO services, the ways in which it functions, how priorities are set and decisions made are less well-understood. Indeed, a diversity of WIPO's stakeholders and member governments express frustration that WIPO's governance is not only complex but at times opaque. This practical guide offers a unique insight into how WIPO is governed, described in clear, readily accessible terms for policymakers, scholars and stakeholders. The guide reviews the origins of WIPO and sets out its current functions and activities, presenting a framework for analysing WIPO's complex governance system. The core of the text will improve the reader's understanding of WIPO in five thematic areas: * Legal foundations, mandate and purpose * Decision-making structures, processes and practices * Financial arrangements (such as income sources and the budget process) * Mechanisms for accountability and control of the Secretariat (such as policies on oversight, audit and evaluation) * Transparency and external relations. The text is accompanied by a number of valuable appendices, including key documents that have, to date, not been readily available to the public. Written by a leading WIPO commentator, The World Intellectual Property Organization (WIPO): A Reference Guide is the first comprehensive reference book to illuminate the nuts and bolts of WIPO governance. It will prove an invaluable and handy resource for those who interact with WIPO on any level, as well as to researchers seeking an introduction to how the organisation works.
This practical guide comes at no better time - a South African response to the Health Professions Council of South Africa's policy document to make bioethics, human rights and health law a 10 per cent portion of examinable core curriculum for all students in health sciences faculties. It provides students from year one to completion of study, as well as all health practitioners, with the theory and practical application necessary to understand and apply bioethics, human rights and health law.
A frank and witty memoir of life at the Bar and on the Bench, from former High Court Judge The Hon. Sir Harry Ognall. For many years, Harry Ognall enjoyed a formidable reputation as an advocate at the criminal Bar. As counsel, and later as judge, he was involved in numerous high-profile trials, both in Britain and abroad. Among many cases as a QC, he prosecuted Peter Sutcliffe, the so-called `Yorkshire Ripper'. He successfully defended six officers of the Air Force of Zimbabwe at their trial in Harare, where they faced a charge of treasonable sabotage. As a judge, he presided over the trial of Colin Stagg (the alleged `Wimbledon Common murderer'), the trial arising from the Lyme Bay canoe tragedy and the trial for the first time in the United Kingdom of a doctor's alleged involvement in euthanasia. Thoughtful and provocative, Sir Harry has advice for the aspiring young advocate, and invests this penetrating memoir with warmth, humour and understanding. His frank portrait of a lifetime in the criminal law offers unique perspectives on some of the most notorious cases of the twentieth century, as well as fascinating insights into a colourful professional life and the burdens and responsibilities that come with the privilege of high judicial office.
How has the EU's economic crisis affected the development of economic law in the Union? This book contributes to the debate by examining EU economic law from a contextual and policy-oriented perspective. The expert authors explore areas such as the EMU and the internal market, and emphasize the important fields of public procurement, taxation, and intellectual property rights. The investigation proceeds along themes such as harmonization, institutional interplay, non-economic values, and international actions. The authors conclude that, during the crisis, the attention of the Barroso Commission focused quite narrowly on the most urgent problems, failing to consider longer-term issues to spark off bold policy endeavours, and break inter-institutional blockages. This book is targeted at scholars, policy-makers and other practitioners, as well as students, interested in EU economic law, integration, and the economic crisis.
This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook's perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.
In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Cafe de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge. The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.
As the volume of transactions in European financial markets continues to grow, the use of financial collateral, be it in the form of cash, shares, bonds or credit claims, has become a critical tool in supporting and managing risk in financial transactions. This book is the first of its kind to offer a systematic examination of the whole law relating to financial collateral. It does so in two parts. First, it explains the law created by the Financial Collateral Arrangements (No 2) Regulations 2003, the Directive it implemented and related legislation. Second, it examines how financial collateral is used in practice in a range of different markets. It will be an essential reference point for all legal practitioners operating in financial markets. Key features: * Analytical rigour combined with insight into how financial collateral works in practice, covering both English and Scots law * Valuable discussion of control and possession tests, right of use, remedy of appropriation, close-out netting and impact of `bail-in' * Explains use of financial collateral in the derivatives market, clearing houses, direct and indirect securities holding systems and use of repos, securities lending and prime brokerage * Highlights key issues on regulatory treatment and conflicts of laws * Discusses direction of future law reform * Written by leading experts in the field.
The rapid growth of shale gas development has led to an intense and polarizing debate about its merit. This book asks and suggests answers to the question that has not yet been systematically analysed: what laws and policies are needed to ensure that shale gas development helps to accelerate the transition to sustainability? In this groundbreaking book, more than a dozen experts in policy and academia assess the role that sustainability plays in decisions concerning shale gas development in the US and elsewhere, offering legal and policy recommendations for developing shale gas in a manner that accelerates the transition to sustainability. Contributors assess good practices from Pennsylvania to around the planet, discussing how these lessons translate to other jurisdictions. Ultimately, the book concludes that major changes in law and policy are needed to develop shale gas sustainably. Policymakers and educators alike will find this book to be a valuable resource, as it tackles the technical, social, economic and legal aspects associated with this sustainability issue. Other strengths are its clear language and middle-ground policy perspective that will make Shale Gas and the Future of Energy accessible to both students and the general public.
The Law of Divorce and Dissolution of Life Partnerships in South Africa is a comprehensive publication that provides a detailed exposition and analysis of the law relating to the termination of civil unions, civil marriages, customary marriages, Muslim marriages and Hindu marriages by divorce. The publication also offers an in-depth discussion and analysis of the law relating to the dissolution of life (domestic) partnerships. Written by a team of subject specialists, it provides a rich source of expertise. The book is divided into five parts. Part 1 focuses on the dissolution of civil marriages and civil unions by divorce. This part deals with the grounds for divorce, the personal and financial consequences of divorce, and the position of minor and dependent children of divorced or divorcing spouses or civil union partners. Part 2 focuses on all aspects of divorce in customary marriages, while Part 3 concerns divorce in Muslim marriages and Hindu marriages. Part 4 addresses all aspects relating to the dissolution of a life partnership. The final part of the book - Part 5 - considers issues that are of general application to divorce and the dissolution of life partnerships. These issues are domestic violence; jurisdiction, procedure, and costs; mediation and other forms of alternative dispute resolution; and conflict of laws.
The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the internThe Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms.ational legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: * A comprehensive overview of legal and policy-related issues * A blend of approaches underpinning strategic considerations with analytical rigour * Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions * Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
In this clear and observant book, Kenneth Button provides an overview of the economics and political economy of transport security, considering its policy from an economic perspective. His analysis applies micro-economic theory to transport issues, supporting and enhancing the larger framework of our knowledge about personal, industrial, and national security. Button's focus on the economic aspects of transportation security strives to move beyond established technical and legal approaches, working within both the narrower microeconomics of individual and corporate efficiency and the larger trends in economic policy-making. By fitting current security trends into economic analysis, he discusses not only contemporary developments, but also their economic implications and approaches for assessing alternative strategies. This examination of applied economics is a must-read for those looking to gain a broader view of transport security issues. It is a critical resource for those in the security industries as well as those involved in education about transport, security matters, and applied microeconomics.
The motivation for this particular law of obligations is the notion that the core assumptions of the dogmatic structure of each field, and of the law of obligations as a whole, can be expected to begin to show their imperfections more clearly the further one moves from the centre, and that this kind of examination affords an opportunity to reassess both the current premises in each field as well as the overall structure of obligations.
In 1998, the first edition of Legal Drafting: Civil Proceedings was written to bridge the gap between the academic study of law and its practical application insofar as the preparation of court documents is concerned. Drawing on his experience in coaching pupils at the Bar, the author explains elementary matters and poses useful reminders to more experienced practitioners. The second edition of Legal Drafting: Civil Proceedings has been updated to address changes in the law. It now includes a section on the preparation of documents for arbitrations as well as an extended chapter on the all-important task of preparing heads of argument.
Intellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China. The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation. Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.
Why, and how, do states obey international law? This engaging book tackles this very question head on via its examination of the conflicting and conciliating processes of the Chinese approach to litigation and the Western approach to legal orientation in the field of the WTO dispute settlement mechanism. The authors examine the normative framework of WTO rule implementation in a globalised international economic order. They further explore the notion of the rule of law in China's Confucian system, and how it interacts with a rule-based world trading system. Topics discussed include theorising the WTO implementation regime, the Chinese approach to law, China and the WTO dispute settlement system, and Chinese Confucianism and compliance. With its focus on international economic law and political science, this book will be accessible to students, policy makers, practitioners and academics looking to understand China and the rule of law in a global context
A practical guide to disciplinary hearings sets out all the practical aspects of the disciplinary hearing for the chairman and the defendant employee. The logical layout of this book allows for easy use during the hearing. The author has devised a helpful matrix for calculating awards and reaching fair results. A practical guide to disciplinary hearings contains templates for hearings on the different types of offence. From the perspective of the person chairing the hearing, practical guidelines on the process, advice on the sanction, the deliberation, the evidence permitted and the most common anomalies which arise in hearings, make this book a compulsory guide. The book assists human resource managers in drafting charge sheets, the presentation of the facts, examination, cross-examination and leading evidence.
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. This accessible and concise introduction provides a salient overview of contemporary international environmental law as well as a critical assessment of the controversies that arise when trying to achieve environmental protection through international law. Covering the origins, content, institutional structure and accountability mechanisms of international environmental law, in their social-economic and political context, Ellen Hey discusses substantive and procedural fairness, thus exploring questions of distributive justice, accountability and legitimacy. Providing an invaluable entry point to this complex area of the law, this book enables a rapid understanding of the core principles of this multi-faceted topic. Key features include: * Concise and compact overview * Discusses contemporary developments * Examines IEL's relationship to other areas of international law * Considers the social-economic context.
International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
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