Denis Cowen (1917-2007) is renowned for his work on negotiable instruments. Selected Essays presents readers with other facets of his life's work. His seminal essays and articles helped define areas of law such as constitutional law, environmental law, law of property and statutory interpretation. As a public intellectual in the liberal tradition, he spoke with great timeliness, insight and insistence, during apartheid, about the need for a court-enforceable bill of rights, academic freedom and pre-publication censorship.

Cowen on Law: Selected Essays spans more than 50 years of his lively, contentious and beautifully constructed texts. Leading legal thinkers introduce newly-accessible texts and provide us with a contemporary, evaluative lens. The book reveals to readers a fascinating mind. It also serves as an engrossing reflection on South Africa's legal past as well as the intersection of law and society.

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. Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law. Key features include: uses analysis of current issues to offer a genuinely advanced perspective use of theory for evaluating methods and approaches in comparative law a comprehensive treatment of the main themes and approaches in comparative law discussions. This insightful Advanced Introduction will be an excellent resource for both law students and scholars alike. It will also be a useful guide for those working in international law, as well as law clerks and legal advisors. Professor Emeritus, Kent Law School, UK

In this incisive book, Petros C. Mavroidis examines the complex practice of interpreting the various sources of World Trade Organization (WTO) law. Written by a leading expert in WTO scholarship, the book serves as a broad grounding in the legal theory of the WTO contract and its sources, as well as its application in practice. Delving into the workings of the Vienna Convention of the Law of Treaties (VCLT) and its use within the WTO courts, the author provides a critical assessment of the interpretation of the WTO contract and illuminates the role of WTO adjudicators and the Secretariat in clarifying obligations. Mavroidis then explores the uncertainty and distortion that emerge as a result of the discretion from adjudicators invited by the VCLT, explaining why this matters and offering steps towards resolving these issues. Providing an expansive analysis of the interpretation of WTO treaties, this book will be an invaluable resource for scholars and students in the field of WTO law, as well as international trade and economic law more broadly. Its discussion of the possible future of dispute settlement, particularly its proposal for a re-evaluation of the judicial selection process, will also prove insightful to practitioners in this area.

Jopie: Jurist, Mentor, Supervisor and Friend - Essays on the Law of Banking, Companies and Suretyship is published in honour of Professor Jopie Pretorius, who will be retiring from his chair in banking law at UNISA at the end of 2017. The collection comprises personal tributes by family members, friends and colleagues, and academic essays that deal with banking law, company law and suretyship.

This innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives. International contributors offer a range of activity-orientated analyses, focusing on methodology, embodied experience, legal pluralism, conflict and resistance, and non-human and place agency. The Handbook examines a number of cross-cutting themes including social inequality, environmental justice, sustainability, urban development, Indigenous legal systems, the effects of colonialism and property law. Representing a diversity of locales from all around the world, the chapters encompass both urban and rural, terrestrial and marine areas, agential and storied spaces, and fictional as well as ''real'' places. Taking a multidisciplinary approach that incorporates law, human and legal geography, planning, sociology, political ecology, anthropology, and beyond, this comprehensive Handbook will be critical reading for scholars and students of these and cognate areas. Its discussion of empirical examples will also be beneficial for practitioners and policymakers interested in these fields.

This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognized legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments, the concept of a 'right of place' is proposed and developed. The Future of Animal Law focuses on dogs as companion animals who provide the political motivation for legislative change, contextualizing the role of companion animals within the concept of family and the future implications of this position. It compares the US approach with materials from other common law jurisdictions, illustrating how a number of existing laws support the claim that companion animals are already on the path to personhood. David Favre recommends model language for new animal friendly laws in addition to suggesting amendments to existing legislation including the US federal Animal Welfare Act. Forward thinking and innovative, this indispensable book will engage all those with an interest in the issues around enhanced welfare and rights for animals, including students, scholars, and lawyers involved in animal law, as well as leaders of non-profit organizations.

Foundations of Public Contracts undertakes an in-depth survey of the foundations of public contracts in three legal systems: American, French, and Brazilian. The comparison of these three systems highlights the legal phenomenon's historical, philosophical, and social origins. The book transcends the functional commonalities to penetrate into how American, French, and Brazilian lawyers think about the essence of government contracts law, the phenomenon of exceptionalism: preferential treatment that public procurement law provides to the state in its contractual dealing with private entities. Comparative public law professors and students will find great value in this exploration of the material sources of public contracts, an area that has heretofore received little attention in legal academia.

This thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues. Focusing on the existing mechanisms of social rights protection in the EU, chapters explore the imbalance between economic and social goals within the EMU, discussing how to strengthen the building blocks of Social Europe in order to address this. The book also investigates the challenges for the adjudication of social rights before European and domestic courts, and considers alternative models of judicial review that offer better protection in the context of crisis. Scholars and students of EU law, constitutional law, and public international law will find this book a crucial read, in particular those with an interest in law and economics. It will also be useful for EU law practitioners working in social rights.

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. Focusing on the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs) in 2011, this timely book charts the field of business and human rights, finding that corporate responsibility to respect human rights is gradually evolving into a binding legal duty in both national and international law. Following the structure of the UNGPs, Peter T. Muchlinski also covers the state duty to protect against business violations of human rights, the corporate responsibility to respect human rights and access to remedies for corporate violations of human rights. Key Features: A detailed, critical, appraisal of the UNGPs in their historical, legal and political contexts Coverage of developments in national law and policy to further the state's duty to protect against business violations of human rights An interdisciplinary perspective drawing on history, law, business ethics, politics, and ideas of corporate governance with a view to introducing the field to readers with diverse specialist backgrounds Coverage of new directions for business and human rights including calls for new mandatory corporate liability laws, a legally binding international treaty and new multi stakeholder initiatives for developing business and human rights standards This Advanced Introduction will be a key guide for students and researchers in the fields of business and human rights, international law and business ethics, as well as lawyers and business managers who need an accessible primer to business and human rights.

In 1902 het 'n jong Boeretelegrafis en offisier, Filip Pienaar, uit ballingskap in Portugal een van die eerste boeke oor die Boereoorlog geskryf: With Steyn and de Wet. 'n Maand na publikasie is die boek verban – waarskynlik vanwee verwysings in die boek na die juiste feite oor die omstrede figuur van generaal F.J. Pienaar, asook leidrade oor wat met die sogenaamde "Krugergoud" kon gebeur het. Hierdie interessante relaas is die vroee voorgeskiedenis en wat met die skrywer in die oorlog en in ballingskap in Portugal gebeur het.

Migrant workers around the world are subject to exploitative labor practices that give employers extraordinary bargaining power. This book brings together researchers, practitioners, and advocates who explore the many ways that contracted migrant workers are rendered vulnerable in the workplace. In this book, the term '21st-century coolie' is deployed as a heuristic device that foregrounds the deeply unequal structures shaping the transnational flows of short-term, migrant workers. The term 'coolie' harkens back to the labor arrangements of earlier centuries that involved conscripted labor, indentured servitude, and contract labor across national borders. Like those of past centuries, today's 'coolies' are subject to legal constraints inside and outside the employment relationship that force them into subjugated positions within the workplace. The chapters of this anthology situate contemporary global migration regimes in histories of colonization, uncover their racialized as well as gendered nature, and examine the role of nation-states in perpetuating conditions of extreme exploitation. The permeability, mutability, and durability of racial capitalism is revealed through an interdisciplinary and practice-oriented lens. Law and social science students in graduate courses on migration, labor, employment, employment discrimination, and race and the law will gain a deeper understanding of the issues facing migrant workers today, as will students in humanities, performance studies, narrative studies, and communication studies.

The Future of Copyright in the Age of Artificial Intelligence offers an extensive analysis of intellectual property and authorship theories and explores the possible impact artificial intelligence might have on those theories. The author makes compelling arguments via the exploration of authorship, ownership and artificial intelligence. First, the book advocates for a more holistic approach to authorship, arguing that there is no good reason to exclude computer-generated and artificial intelligence creations from copyright. Second, it conducts an open search for the right 'candidate' for ownership. In doing so, the book explores several possible legal frameworks, including assigning ownership to the programmer, the user, the AI itself and other alternatives such as the public domain or author-in-law approaches. Third, the book explores the concept of artificial intelligence as it has developed through the years in various fields, seeking to reframe the AI legal concept. For academic scholars and law students these pages frame the theoretical discussion about artificial intelligence creations and provide in depth discussion about artificial intelligence legal challenges.

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Law comes into its own - identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society. This fifth edition reflects significant changes since 2019, such as new laws in California and other jurisdictions, new EU Standard Contractual Clauses, data residency requirements, machine learning, data monetization trends, cloud adoption and the Internet of Things. Readers will benefit from an introduction to key data privacy concepts and useful practical guidance on starting, maintaining and auditing compliance programs. Step-by-step direction on drafting privacy documentation is provided, with 'how-to' suggestions for tasks and projects. Finally, the book offers an A-Z list of hot topics, organized by commonly used buzz words, as well as a rich index and checklists. This guide should be on the desk and in the briefcase of every compliance officer and corporate counsel. New to this Edition: Practical tips on deploying the new EU Standard Contractual Clauses Guidance on data maps, gap assessments, audit controls, and privacy-tech tools Updated discussion and comparison of pros and cons of cross-border transfer compliance mechanisms New guidance based on GDPR enforcement, the California Consumer Privacy Act, the CLOUD Act and other new laws Practical considerations regarding dark patterns, anonymization, COVID-19 related challenges, "Schrems 2 assessments," arbitration clauses, competition laws and data sharing. Key Features: Clear structure facilitates quick reference A-Z of data privacy provides snapshot of key topics Direction on geographical and topical prioritization Practical guide to starting, maintaining and auditing privacy compliance programs Glossaries of key acronyms and terms help navigation through the field Concise overview of practical requirements of data privacy law compliance worldwide Advice on drafting documentation and tools to complete an end-to-end process, including sample documentation and checklists.

This Research Handbook offers crucial ethical perspectives on navigating the increasingly complex and contested landscape of contemporary energy law. Taking an interdisciplinary approach, it brings together diverse scholarship and expertise from academia, international organizations, legal practice and the judiciary to address wide-ranging issues linking energy and law to ethical drivers such as wealth, peace and war, development, climate change, and use and abuse of natural resources. The Handbook investigates first the governing dynamics of energy, law and ethics, providing a conceptual overview of key topics. It then examines the ethics of financing energy projects, renewable energy transition and climate change mitigation. The final part is a case study of energy, law and ethics in practice. Throughout, the Handbook draws on the vital underlying theme of intergenerational equity, offering a toolbox of arguments for framing the law and policies that will shape the future of the planet. The Research Handbook on Energy, Law and Ethics will be an essential resource for scholars and practitioners working in all areas of energy law, particularly its intersections with climate change, renewable energy transition and environmental justice. Negotiators and policymakers will also find its delineation of current debates and reference to practical experience invaluable.

Understanding Land Tenure Law contains a commentary on land tenure law in South Africa together with the three key pieces of legislation: the Land Reform (Labour Tenants) Act, the Extension of Security of Tenure Act and the Prevention of Illegal Eviction from Unlawful Occupation of Land Act.

The text explains key definitions in the law and provides useful, practical guidelines on land rights disputes. Understanding Land Tenure Law also sets out the nature and scope of legal protection available to occupiers of land and labour tenants, with a section on access to the courts, including the Land Claims Court.

This book was developed by Cheadle, Thomson and Haysom Inc under the auspices of the Department of Land Affairs' Legal Services Project of the Land Rights Management Facility.

Graphic novels and comics have launched characters and stories that play a dominant role in contemporary popular culture throughout the world. The extensive revisions in this second edition of Comic Art, Creativity and the Law update the author's analysis of important changes at the intersection of law and comics, featuring an examination of how recent cases will affect the creative process as applied to comic art. Throughout, Marc H. Greenberg examines the impact of contract law, copyright law (including termination rights, parody and ownership of characters), tax law and obscenity law on the creative process. He considers how these laws enhance and constrain the process of creating comic art by examining the effect their often inconsistent and incoherent application has had on the lives of creators, retailers and readers of comic art. Thoroughly revised and updated, there are new chapters featuring a discussion of important new cases in copyright work-for-hire and fair use doctrines; the intersection of law and fan-based creations, such as fan fiction, fan art, fan film and cosplay; as well as a new chapter on licensing comics for motion pictures and television. Designed for academics, practitioners, students of law and fans of comic art, the book offers proposals for changes in those laws that constrain the creative process, as well as a glimpse into the future of comic art and the law.

In this publication, two separate texts that should be read alongside the authoritative Marais biography, Die groot verlange, is made available in a single volume. Eugene Marais and the Darwin Syndrome explores the role that the father-son relationship possibly could have played in Marais’s inability to complete his magnum opus. Die dowwe spoor van Eugene Marais, an informal source book, includes facts and names that were concealed or suppressed in the biography. In hierdie publikasie word twee afsonderlike tekste wat naas die gesaghebbende Marais-biografie, Die groot verlange, gelees moet word, in een volume uitgegee. Eugene Marais and the Darwin Syndrome ondersoek die rol wat die pa-seun-verhouding moontlik kon gespeel het in Marais se onvermoe om sy magnum opus te voltooi. Die dowwe spoor van Eugene Marais, ’n informele bronneboek by Marais se lewensverhaal, bevat feite en name wat in die lewensverhaal verswyg of verdoesel is.

Land Law and Governance: African Perspectives on Land Tenure and Title explores different ways of conceptualising secure land holding in Africa. The book brings together voices from different contexts, offering contrasting perspectives and methodological approaches. Land Law and Governance: African Perspectives on Land Tenure and Title also juxtaposes a range of political and academic viewpoints through theoretical discussions and case studies. The book thus opens up the discourse on forms of security of tenure in Africa, in a global context.

This timely book investigates the EU's multi-faceted development as a global actor, unpacking its legal mission to be a 'good' actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of 'goodness' in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject. Featuring contributions from more than 20 leading EU scholars and emerging voices, the book develops four themes through which it advances a research agenda for the study of the EU as a good global actor. The book begins by unpacking the complexities of the EU as a global trade actor, before discussing 'good' trade governance and a deeper trade agenda, the issue of data governance in digital trade and in other regulatory frameworks, and finally the institutional dimension of EU actorness. Understanding the EU as a Good Global Actor will be a crucial read for scholars and students in EU law and politics, particularly those with an interest in EU governance, trade and external relations. It will also prove useful for policy makers both within and outside the EU.

Elgar Research Agendasoutline the future of research in a given area. Leading scholars are give n the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research. This timely book utilises the specialised insights and experiences of those who have carried out research on different aspects of social welfare law and policy to construct an innovative post-Brexit and post-Covid 19 research agenda that identifies what needs to be studied and how this should be carried out. Embracing not only social welfare law but also social welfare policy, practice and impact, expert contributors consider major areas of non-economic law, such as asylum and immigration law, health law, social care law, social work and child welfare law, social security law, and issues involving social rights. Individual chapters cover branches of social welfare law, four areas of social welfare policy, four distinctive methodological approaches, and three contemporary developments. They reflect a wide-ranging set of substantive concerns and methodological approaches and, taken together, comprise a challenging but non-prescriptive research agenda. This Research Agenda will be a key resource for socio-legal researchers contemplating research on social welfare law and policy, as well as research councils, government departments and charitable bodies that fund research on social welfare law and policy.

This revised second edition of Comparative Tort Law offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it examines common issues such as causation, economic and non-economic damages, product and professional liability, and the relationship between tort law and crime, insurance and public welfare schemes. Featuring contributions from international experts, this book also provides a comprehensive comparative assessment of tort law cultures, contextualising them within the legal systems and societies that sustain them. Chapters cover many jurisdictions often overlooked in the mainstream literature, and explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia. Comparative Tort Law is a critical tool for students, scholars and academic researchers, especially those specialising in tort and comparative law. It will also be useful to policymakers, practitioners and judges, in particular those dealing with differing tort law systems.

Delving deep into the emerging international and federal statutory and legislative developments surrounding Autonomous Vehicle (AV) technologies, Atilla Kasap assesses whether current motor vehicle regulations, liability law and the liability insurance system are fit for purpose today and in the future. Making a significant and novel contribution to the field, this cutting-edge book comprehensively surveys the promises offered by AVs, including radically reduced road incidents, and economic, environmental and societal benefits, alongside the significant regulatory and liability problems the technology faces. Kasap finds that, as AVs are one of the most significant and profound technological advances of the 21st century, relying on machine learning and pattern recognition systems to function, the current liability regime surrounding them requires a rethinking. Critically analysing the tort liability of AVs, chapters deconstruct and reconstruct a tort law regime for AVs, ultimately solving how policymakers should approach the challenges faced in regulating and enacting AV legislation. Interdisciplinary in approach, it will prove invaluable to students and scholars of computer science and law, particularly those studying AI and robotics law, and those interested in the regulation and governance of AV technology. It also offers vital tools for policymakers seeking concrete principles on which to define potential laws and regulations for AV technology.

International law is an underdeveloped branch of legal research: researchers still disagree over the proper understanding of several of its most fundamental issues, and genuinely so. This book helps to explain why. It brings clarity that will no doubt make international legal research more rational, which in turn vouches for a more productive legal discourse. The author, together with invited contributors, builds an argument around theories of epistemological justification. As chapters contend, in international legal discourse, the construction of knowledge about international law presupposes some notion of an international legal system. International legal discourse accommodates several such notions. Each notion derives from a different conception of law. Thus, depending on whether a researcher endorses a legal positivist's, a legal idealist's or a legal realist's conception of law, he or she will be constructing knowledge of international law under different epistemic conditions. The book sheds considerable light on these different conditions, with several chapters exploring how the different notions of an international legal system play out in the context of a series of concrete themes of legal practice. In doing so, the book helps to build a bridge between the practical and more philosophical aspects of this topic. This book will be an ideal companion for scholars of international law. Lawyers and students interested in legal theory and philosophy will also benefit from this thought-provoking study.